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Working with a Duldung

Ausländerbehörde · Residence law

In person

Under § 4a Abs. 4 of the Residence Act (Aufenthaltsgesetz, AufenthG), people with a Duldung (temporary suspension of deportation) may only work in Germany with the express permission of the Ausländerbehörde (foreigners authority). Under § 32 Abs. 1 of the Ordinance on the Employment of Foreigners (Beschäftigungsverordnung, BeschV), the requirement is that you have been staying in the federal territory for three months with permission, with a Duldung or with an Aufenthaltsgestattung (permission to remain pending the asylum decision). The time in the asylum procedure therefore counts – the period does not start only when the Duldung is granted. After four years of uninterrupted residence, the approval of the Federal Employment Agency (Bundesagentur für Arbeit) is also no longer required. This page explains how to calculate the period correctly, the groups of cases that do not require approval, the absolute bans on employment and the complete application process.

Last updated3 October 2026
Legal basis§ 4a Abs. 4 AufenthG in conjunction with § 32 BeschV
VerificationChecked by AmtsDeutschland.de
Written and reviewed byAndrés Sánchez Botta
Independent information website: we are not the Ausländerbehörde, not an authority and not a paid advice service – we do not submit applications on your behalf. All information comes from official sources and is explained here in plain language; binding information always comes from the competent body. All information is provided without guarantee. Statutory prohibitions: § 60a Abs. 6 and § 60b AufenthG. We are neither lawyers nor tax consultants: we document official procedures and check the information against the official source – this is information, not legal or tax advice.
CostsUsually no feeWhere applicable, €50 under § 47 Abs. 1 Nr. 7 AufenthV
Processing timeDepends on the competent authorityNo statutory time limit for the decision
MethodIn personAt the Ausländerbehörde, partly online
Required documents

What you need to bring

Current Duldung certificate

The certificate of the suspension of deportation under § 60a AufenthG must be presented in the original and must be valid. The decisive factor is the ancillary provisions (Nebenbestimmungen) entered on the back: they state whether economic activity is currently permitted or excluded. It is issued by the Ausländerbehörde of your place of residence, usually for a limited period of a few months.

Passport, passport substitute or substitute identity document (Ausweisersatz)

Present every identity document you have – national passport, expired passport, birth certificate (Geburtsurkunde) or substitute identity document. The Ausländerbehörde uses them to check whether your identity has been clarified, which is decisive for whether there is a ban on employment under § 60b AufenthG. You should not conceal missing documents; instead, provide evidence of your efforts to obtain them.

Specific job offer or employment contract

As the permission is granted for a specific employer and a specific activity, you need an offer in writing from a specific company. It must state the employer, the activity, the place of work, the weekly working hours, the start date and the pay. The contract may be made subject to the employment permission (Beschäftigungserlaubnis) being granted; this is common practice and involves no risk for the employer.

Declaration on the employment relationship (Erklärung zum Beschäftigungsverhältnis)

Many Ausländerbehörde offices also require the form on the employment relationship completed by the employer, because the Federal Employment Agency needs it for its approval under §§ 39 to 41 AufenthG. It contains the information on pay and working conditions that is used to check comparability with domestic employees. You can obtain the form from the Ausländerbehörde or your local employment agency (Agentur für Arbeit).

Proof of your previous periods of residence

This document is the one most frequently forgotten, yet it determines the waiting period: the proof of arrival (Ankunftsnachweis), a previous Aufenthaltsgestattung, the official notice (Bescheid) from the Federal Office for Migration and Refugees (BAMF) and old Duldung certificates show since when you have been staying in the federal territory with permission, with a Duldung or with an Aufenthaltsgestattung. With these, you prove the three months under § 32 Abs. 1 BeschV and, where applicable, the four years under § 32 Abs. 2 Nr. 5 BeschV. You should keep copies of these documents permanently.

Training or internship contract (if applicable)

If you want to begin in-company vocational training in a state-recognised or comparably regulated occupation requiring formal training, submit the training contract and proof of its entry (Eintragung) with the competent chamber – the Chamber of Industry and Commerce (IHK) or the Handwerkskammer (chamber of skilled crafts, HWK). For internships under § 22 Abs. 1 Satz 2 Nr. 1 to 4 of the Minimum Wage Act (Mindestlohngesetz, MiLoG), you need a confirmation from the school, university or Agentur für Arbeit of the type and duration of the internship. Under § 32 Abs. 2 BeschV, neither group of cases requires approval.

Application form and, if applicable, power of attorney

Most Ausländerbehörde offices provide their own form for an application for employment permission, which you submit signed. If an advice service, a lawyer or your employer is to act on your behalf, a power of attorney in writing is required. Ask in advance whether your authority also accepts the application by email or via an online portal – this saves an appointment.

Step by step

How to proceed

  1. 1

    Check whether there is an absolute ban on employment

    Before you invest time in looking for a job, look at the ancillary provisions of your Duldung. If they say “Erwerbstätigkeit nicht gestattet” (economic activity not permitted), this is often a case under § 60a Abs. 6 AufenthG – for example because measures to terminate your residence cannot be enforced for reasons for which you yourself are responsible – or a Duldung for persons whose identity has not been clarified under § 60b AufenthG. As long as this obstacle exists, the Ausländerbehörde must not permit economic activity; it then makes sense first to cooperate in clarifying your identity, for example with a documented application for a national passport at the diplomatic mission.

  2. 2

    Add up your periods of residence correctly

    § 32 Abs. 1 BeschV requires three months of residence in the federal territory with permission, with a Duldung or with an Aufenthaltsgestattung – not three months of Duldung. Anyone who receives a Duldung after their asylum application has been rejected has therefore usually already met this requirement on the day the Duldung is granted, because the months with an Aufenthaltsgestattung count. Draw up a list of your periods of residence with supporting evidence and check at the same time whether you have already reached the four-year threshold of § 32 Abs. 2 Nr. 5 BeschV.

  3. 3

    Obtain a specific job offer

    The Ausländerbehörde does not decide in the abstract on “work: yes or no”, but on a specific activity with a specific employer. Get the offer in writing and make sure that the pay and working hours correspond to the usual conditions – the statutory minimum wage also applies to employees with a Duldung. Explain openly to the company that work can only begin after the entry in the Duldung.

  4. 4

    Submit the application to the Ausländerbehörde

    The competent authority is the Ausländerbehörde of your place of residence. Depending on the local authority, you submit the application in person at an appointment, in writing by post, by email or via an online portal; there is no uniform nationwide procedure. Submit all documents in full and have their receipt confirmed in writing – this confirmation is your proof if processing drags on.

  5. 5

    Wait for the involvement of the Federal Employment Agency

    Where the employment requires approval, the Ausländerbehörde obtains the approval of the Federal Employment Agency under §§ 39 to 41 AufenthG; you do not submit a separate application there yourself. The main point examined is the employment conditions, i.e. whether you would be working on less favourable terms than comparable domestic employees. Whether a labour-market test (Vorrangprüfung) also takes place in an individual case depends on the respective group of cases and should be checked with the competent Ausländerbehörde. In the cases under § 32 Abs. 2 BeschV – such as vocational training, certain internships or after four years of residence – no approval is required at all.

  6. 6

    Wait for the entry in your Duldung and only then start work

    The permission is entered in the Duldung certificate as an ancillary provision, typically stating the activity, the employer and the scope of employment. You may only start work once this entry has been made; a verbal promise at the counter is not sufficient. If the application is refused, you receive a Bescheid with a Rechtsbehelfsbelehrung (instructions on legal remedies) – make sure you meet the deadline stated there, because depending on the federal state (Bundesland), either an objection (Widerspruch) is provided for or a legal action must be brought directly before the Verwaltungsgericht (administrative court).

  7. 7

    Apply again every time you change employer

    The employment permission is tied to the employer and the activity entered. A change of company, an additional mini-job or a change to a substantially different activity therefore requires a new application – even if you have already been legally employed for years. Submit the application in good time before the planned change so that there is no gap without valid permission.

Fee information

Costs and payment

Fees

Employment permissionIn practice usually free of charge
Amendment of a condition€50 under § 47 Abs. 1 Nr. 7 AufenthV
Approval of the Federal Employment AgencyFree of charge for you
Fee exemption§ 53 Abs. 1 AufenthV if you receive benefits under SGB II, SGB XII or the AsylbLG
Place of paymentCash desk of the Ausländerbehörde
Means of paymentDepends on the competent authority

Why “free of charge” is not quite correct: § 47 Abs. 2 of the Ordinance Governing Residence (Aufenthaltsverordnung, AufenthV) only exempts from fees those amendments to a residence title that concern an ancillary provision on employment. However, a Duldung is not a residence title but merely a certificate of the suspension of deportation. For the revocation or amendment of a condition attached to the suspension of deportation, § 47 Abs. 1 Nr. 7 AufenthV therefore provides for €50.

Practice of the authorities: Most Ausländerbehörde offices do not charge a separate fee merely for entering the employment permission in the Duldung. This can be different if a geographical restriction or a residence requirement (Wohnsitzauflage) also has to be amended because the workplace is outside the assigned area. If in doubt, ask before your appointment which fee your authority charges.

Apply for an exemption: If you receive benefits under the Asylum Seekers Benefits Act (Asylbewerberleistungsgesetz, AsylbLG), Book Two of the Social Code (SGB II) or Book Twelve of the Social Code (SGB XII), an exemption from or reduction of the fee can be considered under § 53 Abs. 1 AufenthV. Present your current notice of benefits without being asked, because the authority does not always examine the exemption of its own accord. A fee that has already been paid is difficult to reclaim afterwards.

Good to know

Important notes

The three-month period does not run from the Duldung. § 32 Abs. 1 BeschV refers to three months of residence with permission, with a Duldung or with an Aufenthaltsgestattung. Anyone who was previously in the asylum procedure will, as a rule, already meet this requirement on the day the Duldung is granted. So do not wait unnecessarily for another three months – that costs you income and often the job.

No approval required after four years. Under § 32 Abs. 2 Nr. 5 BeschV, no employment requires the approval of the Federal Employment Agency if you have been staying in the federal territory uninterruptedly for four years with permission, with a Duldung or with an Aufenthaltsgestattung. § 32 Abs. 3 BeschV extends this to persons with an Aufenthaltsgestattung. The permission of the Ausländerbehörde under § 4a Abs. 4 AufenthG is nevertheless still required – only the labour market check no longer applies.

Training, internships and family businesses do not require approval. § 32 Abs. 2 BeschV exempts from approval, among other things, internships under § 22 Abs. 1 Satz 2 Nr. 1 to 4 MiLoG, in-company vocational training in a state-recognised or comparably regulated occupation requiring formal training, and the employment of the employer’s family members in the company. This speeds up the procedure considerably because the Ausländerbehörde decides on its own. You can find more on the training route under Residence permit for vocational training.

Absolute bans on employment under § 60a Abs. 6 AufenthG. The provision lists groups of cases in which economic activity must not be permitted – in particular if measures to terminate residence cannot be enforced for reasons for which the person concerned is responsible, for example if they fail to cooperate in obtaining a passport or give false information about their identity. The ban only ends when the reason ceases to apply. Therefore, document every act of cooperation in writing.

“Duldung light” is the Duldung under § 60b AufenthG. The colloquial term refers to the Duldung for persons whose identity has not been clarified; with it, economic activity is excluded. In addition, these periods are not taken into account for later residence prospects in the same way as an ordinary Duldung. The only way out is through the reasonable steps to clarify your identity; you should provide the Ausländerbehörde with evidence that you have taken them.

The permission is tied to the employer and the activity. It is written into the Duldung as a specific ancillary provision and, as a rule, also only applies to the place of work stated. A change of company, a second job alongside your main employment or a change of activity within the same company requires a new application. Plan for the lead time so that there is no gap without permission between the old and the new employment relationship.

Self-employment is ruled out. § 4a Abs. 4 AufenthG expressly allows people with a Duldung only to pursue employment, i.e. dependent work. Self-employed or freelance economic activity is not provided for by law for people with a Duldung; registering a trade with the Gewerbeamt (trade office) does not replace the missing permission under residence law. Anyone aiming for self-employment first needs a residence title.

Observe the geographical restriction and the residence requirement. Under § 61 AufenthG, a Duldung is often geographically restricted or combined with a residence requirement. If the workplace is outside the assigned area, the condition must also be amended or lifted – this is exactly what the fee under § 47 Abs. 1 Nr. 7 AufenthV can be charged for. Apply for both at the same time to avoid two appointments.

Training Duldung (Ausbildungsduldung) under § 60c AufenthG. If you take up qualified vocational training, you can, under the requirements set out there, obtain a Duldung for the duration of the training, which makes it possible to plan your residence. It is best to clarify the application with the Ausländerbehörde before the training begins, because the requirements relate to the time of submission of the application. An advice centre or chamber can support the company in this.

Report income to the social benefit offices. If you take up employment, you must inform the Sozialamt (social welfare office) or the Jobcenter (job centre) without delay, because the income is offset against benefits under the AsylbLG or Book Two of the Social Code (SGB II). Anyone who fails to report it risks demands for repayment and regulatory offence proceedings. Submit your payslips every month without being asked.

Legal position in 2026: The Residence Act was last adapted by the amendments that entered into force on 12 June 2026; the provision of § 32 BeschV that is relevant here has remained unchanged. Nevertheless, check the current text of the law on gesetze-im-internet.de before each application. For questions of interpretation, a recognised migration advice centre or a specialist lawyer for migration law can help.

Avoid these mistakes

Common mistakes

Waiting three months from the date the Duldung was granted. This is the most expensive mistake on this page: under § 32 Abs. 1 BeschV, periods with an Aufenthaltsgestattung count, so the period has usually long since expired. Anyone who waits anyway loses three months’ wages and, in practice, often the promised job, because the company does not keep it open for that long.

Starting work before the entry in the Duldung. Without the permission under § 4a Abs. 4 AufenthG, this is illegal employment: for the employer, the regulatory fine provision of § 404 Abs. 2 Nr. 3 of Book Three of the Social Code (SGB III) applies; for employees, it may constitute a regulatory offence under § 404 Abs. 2 Nr. 4 SGB III and, in serious cases, also give rise to criminal liability under the Act to Combat Clandestine Employment (Schwarzarbeitsbekämpfungsgesetz). In addition, such an infringement worsens your prospects for any later residence option.

Changing employer without applying for new permission. The ancillary provision only applies to the company and the activity entered. Anyone who starts with the new employer without a new entry is working without permission – with the same consequences as if permission had never been applied for, even though the old Duldung still looks valid.

Not presenting proof of previous periods of residence. Without the proof of arrival, an old Aufenthaltsgestattung or the Bescheid from the BAMF, the authority will, if in doubt, only count from the date of the current Duldung. As a result, you lose the months that are decisive for § 32 Abs. 1 BeschV and for the four-year rule of § 32 Abs. 2 Nr. 5 BeschV – and thus possibly the exemption from approval.

Neglecting the obligation to cooperate in clarifying your identity. Anyone who does not apply for a passport or lets appointments at the diplomatic mission pass risks a ban on employment under § 60a Abs. 6 AufenthG or a Duldung under § 60b AufenthG. These bans have absolute effect: even the best employment contract will then not lead to permission.

Registering a trade instead of taking up employment. Under § 4a Abs. 4 AufenthG, people with a Duldung are only permitted employment, not self-employment. A trade registration made anyway does not lead to a permitted activity; instead, it documents unauthorised economic activity to the Ausländerbehörde.

Accepting a refusal without comment. The notice of rejection (Ablehnungsbescheid) contains a Rechtsbehelfsbelehrung with a short deadline; if it passes, the refusal becomes final and no longer has to be reviewed. Therefore, have the Bescheid checked immediately by an advice centre or a specialist lawyer instead of simply submitting a new application.

Frequently asked questions

Questions and answers

From when am I allowed to work with a Duldung?

Under § 32 Abs. 1 BeschV, you must have been staying in the federal territory for three months with permission, with a Duldung or with an Aufenthaltsgestattung. What counts is your total residence, not the date on which the Duldung was granted. In addition, you always need the permission of the Ausländerbehörde under § 4a Abs. 4 AufenthG.

Does the time in the asylum procedure count towards the three months?

Yes. § 32 Abs. 1 BeschV expressly refers to residence with permission, with a Duldung or with an Aufenthaltsgestattung. Anyone who receives a Duldung after the refusal of their asylum application has therefore usually already met this requirement on the day the Duldung is granted and does not have to wait another three months.

Do I need the approval of the Federal Employment Agency?

In principle, yes – the Ausländerbehörde involves the Federal Employment Agency under §§ 39 to 41 AufenthG. However, § 32 Abs. 2 BeschV lists cases that do not require approval, including certain internships under § 22 Abs. 1 Satz 2 Nr. 1 to 4 MiLoG, in-company vocational training in a state-recognised or comparably regulated occupation requiring formal training, and the employment of the employer’s family members in the company.

What changes after four years of residence?

Under § 32 Abs. 2 Nr. 5 BeschV, no employment requires the approval of the Federal Employment Agency any longer if you have been staying in the federal territory uninterruptedly for four years with permission, with a Duldung or with an Aufenthaltsgestattung. Under § 32 Abs. 3 BeschV, this also applies to persons with an Aufenthaltsgestattung. The permission of the Ausländerbehörde itself is still required.

How much does the employment permission cost?

In practice, most Ausländerbehörde offices do not charge a separate fee merely for entering the employment permission. However, for the revocation or amendment of a condition attached to the suspension of deportation, § 47 Abs. 1 Nr. 7 AufenthV provides for €50, and under § 53 Abs. 1 AufenthV, a fee exemption can be considered if you receive benefits under Book Two of the Social Code (SGB II), Book Twelve of the Social Code (SGB XII) or the AsylbLG.

How long does processing take?

There is no statutory time limit for the decision; the duration depends on the competent Ausländerbehörde and on whether the approval of the Federal Employment Agency has to be obtained. If no decision is made for more than three months without sufficient reason, an action for failure to act under § 75 of the Code of Administrative Court Procedure (Verwaltungsgerichtsordnung, VwGO) can be considered.

Does the permission apply to every employer?

No. The employment permission is noted in the Duldung certificate as a specific ancillary provision and is tied to the employer, the activity and, as a rule, also the location. For a change of employer, additional secondary employment or a significantly different activity, you must apply for new permission.

Am I allowed to become self-employed with a Duldung?

No. § 4a Abs. 4 AufenthG allows people with a Duldung exclusively to pursue employment, i.e. dependent work. Self-employed economic activity is not provided for by law for people with a Duldung, and registering a trade does not replace the missing permission.

When is there an absolute ban on employment?

Under § 60a Abs. 6 AufenthG, economic activity must not be permitted, among other cases, if measures to terminate residence cannot be enforced for reasons for which the person concerned is responsible. In addition, there is the Duldung for persons whose identity has not been clarified under § 60b AufenthG, with which economic activity is also excluded.

Related official procedures

Duldung
Basics and extension
Free of charge
Aufenthaltsgestattung
Periods count towards the waiting period
Free of charge
Work permit
Overview of all groups of cases
Depending on the title
Residence title
When switching from a Duldung
From €100

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