What are the differences between a residence permit and a toleration?
July 5, 2022 | 50,00 EUR | answered by Adele Gerdes
Dear lawyer specializing in foreigner law,
I hope you can assist me with my concerns. My name is Björn Pasche and I am a foreign national currently residing in Germany. I recently heard about the terms "residence permit" and "tolerance," but I am unsure about the exact differences between the two.
I am currently in an uncertain situation as my current residency status is unclear. I would like to understand the rights and obligations associated with a residence permit and how it differs from a tolerance. I am worried that I may not meet the necessary requirements to obtain a residence permit and would like to know if a tolerance may be an option for me.
Could you please explain the differences between a residence permit and a tolerance? What are the advantages of a residence permit compared to a tolerance, and what options do I have to improve my residency status? I would greatly appreciate your help and support in this matter.
Thank you in advance.
Sincerely,
Björn Pasche.
Dear Mr. Pasche,
Thank you for your inquiry regarding the differences between a residence permit and a tolerated stay. I understand that it can be confusing for foreign nationals to understand the various residence statuses in Germany. I am happy to explain the differences to you and provide you with an overview of your rights and obligations.
A residence permit is typically granted for a specific period of time and entitles you to legally stay in Germany. There are different types of residence permits, such as the residence permit, settlement permit, or the EU Blue Card. These permits are usually granted for specific purposes such as work, study, family reunification, or for humanitarian reasons. With a residence permit, you have the right to work, study, and engage in other activities that are approved in your permit.
A tolerated stay, on the other hand, is a temporary residence status granted for humanitarian reasons when deportation is temporarily not possible. This may be the case if you are in poor health or facing political persecution, or if there are obstacles to returning to your home country. During a tolerated stay, you have limited rights and are generally not allowed to work or study. It is therefore an insecure residence status that can be revoked at any time.
The benefits of a residence permit compared to a tolerated stay lie primarily in the extended rights and opportunities that a residence permit provides. With a residence permit, you have more security, better prospects for the future, and the possibility to settle in Germany long-term. A tolerated stay, on the other hand, is only a temporary solution and does not offer long-term security.
To improve your residence status and possibly obtain a residence permit, you should consult an experienced immigration lawyer. They can analyze your individual situation, provide you with advice, and help you meet the necessary requirements for a residence permit.
I hope this information has been helpful to you. If you have any further questions or need legal assistance, please do not hesitate to contact me.
Sincerely,
Adele Gerdes, Immigration Lawyer
