In German immigration law, a Duldung is one of the weakest and most insecure legal statuses a person can have. Many people misunderstand what it means. A Duldung does not give you permission to stay in Germany. It only means that deportation is temporarily suspended. This article explains in simple English what a Duldung is, when it is granted, and what it means for your future.
A Duldung is not a residence title. It is not a visa, not a residence permit, and not a legal right to stay in Germany. Instead, it is simply a temporary suspension of deportation. This means that your stay in Germany is technically still illegal. However, the authorities are temporarily unable to deport you. Because of this, they tolerate your presence for the time being. This creates a situation between legal and illegal stay. You are not allowed to stay, but you also cannot be deported at that moment.
A Duldung is also the weakest form of humanitarian protection in Germany. Many refugees receive a Duldung after their asylum application has been rejected and they do not qualify for refugee status or subsidiary protection.
Unlike residence permits, there are no formal requirements such as having a job, earning a certain income, or supporting yourself financially. The only requirement is that deportation is currently impossible.
The reason why deportation is impossible does not matter legally. Sometimes deportation cannot happen for practical reasons, such as missing travel documents or lack of cooperation from the country of origin. In other cases, there may be legal reasons, such as serious health risks or danger to life in the destination country. For example, deportation may be suspended if the person would face life-threatening conditions due to war, collapse of basic infrastructure, or lack of medical care. As long as deportation cannot be carried out, the authorities must issue a Duldung.
A Duldung is granted whenever a person has no legal residence permit but cannot be deported. A Duldung is granted whenever a person has no residence permit and deportation cannot be carried out. This commonly happens in the following situations:
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Practical obstacles prevent deportation (for example, no flights or no cooperation from the destination country)
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Medical inability to travel (for example, serious illness or pregnancy)
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Immediate danger to life in the country of origin
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Special legal forms of Duldung exist, such as Duldung for vocational training (Ausbildungsduldung) and Duldung for employment (Beschäftigungsduldung)
A Duldung provides very limited rights and creates a highly insecure legal situation. It can be revoked at any time without a formal procedure. If deportation becomes possible again, the person can be deported immediately. A Duldung usually does not grant a secure right to work. Family reunification is generally not possible. It also does not provide a direct path to permanent residence or German citizenship. In many cases, authorities also confiscate the person’s passport. This is done to prevent the destruction or concealment of identity documents, which could otherwise delay deportation.
A Duldung is only a temporary solution. It does not create a long-term right to stay in Germany. The person remains at constant risk of deportation. Even though some special forms of Duldung may later allow a transition to a residence permit, this is not automatic and depends on strict legal requirements. For this reason, a Duldung should always be considered a temporary emergency status. Anyone with a Duldung should seek legal advice and explore other options to obtain a proper residence permit and a secure future in Germany.
This article has been written by Att. Mirko Vorreuter. Mirko Vorreuter is a specialised immigration lawyer (Fachanwalt für Migrationsrecht) at VISAGUARD.Berlin. VISAGUARD is a law firm for skilled employee immigration and labour migration law in Germany.
