As Germany continues to debate reforms to its migration and labour laws, the VGH decision sends a strong message: education and training should not be blocked by unnecessary administrative hurdles/Photo: AI-generated symbolic image by Adobe Firefly

Germany: Tolerated Refugees Can Start Care Training Without a Work Permit – Landmark Court Ruling

A new court ruling in Baden-Württemberg could transform access to vocational training for thousands of refugees across Germany, especially in the elderly care sector where skilled workers are urgently needed.

The Higher Administrative Court (Verwaltungsgerichtshof, VGH) in Mannheim has decided that refugees with a Duldung (tolerated stay) do not need a work permit to begin training in elderly care, even if they receive a training salary and carry out practical tasks in a care home. The judgment, issued on 12 November 2025 (Az. 12 S 1888/25), clarifies that elderly care training in the state is classified as a school-based training programme. Therefore, the practical part of the training is considered an integral component of schooling—not employment that requires official permission.

Why This Ruling Matters

For many years, confusion dominated the sector. Care facilities, job centres and immigration offices often insisted that refugees with a Duldung could only start elderly care training if they had explicit work permission. This requirement frequently appeared in training contracts, delaying or blocking access to the profession.

The court has now made it clear:
No work permit is needed for school-based elderly care training, including paid practical placements.

This interpretation is crucial in a country facing a severe shortage of caregivers. Germany needs tens of thousands of new workers in the elderly care sector, and migrants—including Africans living in Germany—are increasingly filling this gap. Yet restrictive bureaucratic rules have often prevented motivated candidates from entering the profession.

The Case Behind the Ruling

The decision originated from the experience of a 38-year-old woman from West Africa, supported by the Tübingen-based refugee counselling centre Plan.B. She had secured a place to begin training as a geriatric nursing assistant on 1 October. But authorities issued her a Duldung with an employment ban because she had previously undergone an asylum procedure in Italy.

The woman took her case to court, hoping to obtain a work permit to start her training. In a surprising but positive twist, the court ruled that she did not need one at all.

“She essentially succeeded by losing her case,” said adviser Matthias Schuh from Plan.B. The court dismissed her request for a work permit not because she was ineligible, but because the permit was unnecessary.

Following the ruling, the care home immediately confirmed that the woman could join the practical part of her training the following week.

Broader Implications for African Refugees in Germany

This ruling could ease access to vocational training for many Africans in Germany who hold a Duldung, especially those blocked from work due to the Dublin Regulation (previous asylum in another EU country). Elderly care is one of the most accessible and stable employment pathways in the country, often leading to long-term residence prospects.

Advocates say the ruling removes a major bureaucratic barrier:

  • It prevents immigration offices from stopping training starts due to work bans.

  • It gives care homes legal certainty when offering positions to refugees.

  • It empowers refugees to pursue training that can lead to full employment and integration.

As Germany continues to debate reforms to its migration and labour laws, the VGH decision sends a strong message: education and training should not be blocked by unnecessary administrative hurdles.

For many refugees hoping to build a future in Germany—especially in vital industries like elderly care—this ruling offers new hope and new opportunity.

Sola Jolaoso

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