Suspension of deportation for training purposes (3+2 rule): an overview
The Integration Act [IntG] entered into force with its publication in the Federal Law Gazette on 5 August 2016. Since then, foreign nationals that are legally obliged to leave the country may receive a temporary suspension of deportation (according to Sec. 60a(2) Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory [Aufenthaltsgesetz]) in order to complete qualified vocational training.
On this page, the Berlin Foreigners Registration Office is presenting current experience on case law before administrative courts, implementation in the various federal states and the relationships between foreign trainees, training enterprises and their competent chambers.
We request in particular that training enterprises and case workers give due consideration to all of the information contained in the following.
- Who is eligible to receive a suspension of deportation for training purposes?
- When is a suspension of deportation for training purposes not possible?
- Where do you send the application?
- The application has been filed. What happens next?
- A suspension of deportation for training purposes has been issued? If so, the following must be taken into consideration …
- Outlook after training?
Who is eligible to receive a suspension of deportation for training purposes?
A suspension of deportation for training purposes may be granted to foreign nationals who satisfy all of the following conditions (and who are not excluded for reasons stated below):
- Foreign nationals of any age and nationality, in exceptional cases also those from safe third countries (see below for more information)
- Persons granted a suspension of deportation (or in exceptional cases a certificate for the safe passage of borders [Grenzübertrittsbescheinigung]) with the incidental provisions
- „Beschäftigung gestattet“ (Employment permitted),
- „Beschäftigung nach Erlaubnis der Ausländerbehörde“ (Employment permitted after approval by the Foreigners Registration Office) or
- „Beschäftigung nicht gestattet mit Ausnahme der Tätigkeit als…“ (Employment not permitted, except as …)
- No convictions of criminal offences
- Ownership of a valid passport or travel document
Requirements placed in the vocational training:
- It must be qualified vocational training that leads to a state-recognised or equivalent qualification.
- The vocational training may be completed in an enterprise, a vocational college, a sixth form college or a post-secondary private school. The current list of state-recognised training professions is available on the website of the Federal Institute for Vocational Education and Training [BIBB].
- Sandwich courses in which students complete a degree programme as well as a vocational training and upon graduation are awarded the respective university degree as well as a recognised dual curriculum vocational qualification according to the Vocational Training Act [BBiG] or the Handwerksordnung [Crafts Code] are also permitted.
- Eligible persons must commence their vocational training within no more than 3 months or must have already commenced their vocational training with the permission of the Foreigners Registration Office.
When is a suspension of deportation for training purposes not possible?
Unfortunately you are ineligible for a suspension of deportation for training purposes if any of the following cases apply to you:
- The current document issued to you by the Foreigners Registration Office includes the incidental provision „Erwerbstätigkeit nicht gestattet“ (Gainful employment not permitted).
- You have been awarded temporary permission to stay (Aufenthaltsgestattung), a residence permit (Aufenthaltserlaubnis) or a settlement permit (Niederlassungserlaubnis). This means you are not subject to compulsory deportation and therefore cannot receive a temporary suspension of deportation for training or other purposes. Nevertheless, the completion of vocational training may be permitted, depending on the incidental provisions.
- You are currently completing preparatory courses for vocational training (deportation will be suspended until the end of the course if preparation is taking place in the form of an introductory qualification (EQ). Persons proceeding directly to vocational training should place an application for a suspension of deportation for training purposes around 3 months before the vocational training begins).
- There should be more than 3 months between the application and the start of vocational training. (Another suspension of deportation may be granted or extended under certain circumstances).
- You come from a safe third country (Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, the former Yugoslav Republic of Montenegro, Senegal and Serbia) and an initial application for asylum according to Sec. 13 Asylum Act [AsylG], i.e. a formal follow-up application according to Sec. 71 AsylG was filed and rejected later than 31 August 2015.
(Information for citizens of Albania, Bosnia and Herzegovina, Kosovo, Macedonia, the former Yugoslav Republic of Montenegro and Serbia: Please refer instead to the Western Balkans Regulation!!)
Moreover, foreign nationals that are legally obliged to leave the country are also excluded if they
- present a danger or have been sentenced to fines of more than 50 daily rates for intentionally committed offences or 90 daily rates for offences according to the Residence Act (the Foreigners Registrations Office is aware of the sentences);
- do not possess a valid passport or travel document (foreign nationals are obliged to hold a passport, so trainees must demonstrate that despite making all the necessary efforts, they failed to receive a passport or travel document from their home country. Trainees nearing the end of their asylum proceedings who, upon presentation of their passport or travel document, would satisfy the requirements for a suspension of deportation for training purposes, are entitled to continue their current training in Berlin for 6 months in order to obtain a passport or travel document); or
- clear measures terminating residence have already commenced. (Examples of this include if the Foreigners Registration Office has recently applied for a passport or travel document, the date of deportation has been set or a Dublin transfer procedure is ongoing. The Foreigners Registration Office checks these conditions upon receipt of the application).
Where do you send the application?
You satisfy the above requirements and would like to apply for a suspension of deportation for training purposes?
Kindly send your written application to the department responsible for you:
Department IV A 2 (Surnames A-C) / IV A 3 (D-L) or IV A 4 (M-Z)
You may also post your application in the night deposit box at the office building.
The application has been filed. What happens next?
In particular, the Foreigners Registration Office checks whether
- your training contract for company-based training has been entered in the apprentices’ register;
- you have been convicted of a criminal offence; and
- whether clear measures terminating your residence were initiated prior to receipt of the application.
Kindly understand that an immediate decision on a suspension of deportation for training purposes is not always possible.
- Where a suspension of deportation for training purposes is granted, it will contain prominently visible, incidental provisions stating
- „Ausbildung zum/zur … bei …. gestattet” (Training as … permitted at…),
- “Beschäftigung nur nach Erlaubnis” (Employment only by permission) and
- “Erlischt mit Abbruch der Ausbildung oder Verurteilung wg. einer vors. Straftat” (Is invalidated by a termination of training or conviction of an intentional criminal offence.).
- The trainers will receive a letter containing information. You are obliged to inform the Foreigners Registration Office in the event of a termination of training. Otherwise you may be fined up to €30,000.
- You must not start the training course if your application is rejected.
An administrative fee of up to €62.00 is charged to process the application.
A suspension of deportation for training purposes has been issued? If so, the following must be taken into consideration ...
- The suspension of deportation is granted for the entire training period.
- Postings to other domestic locations of the training enterprise are permitted. As a rule, a suspension of deportation does not permit postings to foreign locations of the training enterprise.
- Where the trainee must continue training with a domestic location of the training enterprise, an application must be filed with the Foreigners Registration Office.
- A fine exceeding 50, i.e. 90 daily rates invalidates the suspension of deportation for training purposes.
- Premature discontinuation of training also invalidates the suspension of deportation for training purposes. (In this case the trainees are granted one extension of six months during which they must submit an alternative training contract).
- The suspension of deportation for training purposes is extended by no more than one year in the event that the trainee does not pass the final examination, provided the training is extended and the trainee submits evidence of the next examination date.
Outlook after training?
- As a rule, graduates of the vocational training are entitled to receive a residence permit for 2 years (3+2 rule).
- Continued employment in the training enterprise on a permanent basis is permitted without a priority review.*