Januar 2023

Long-term tolerated foreigners (Duldung) are to be given more opportunities to obtain a right to stay (residence title) in Germany in the future. A corresponding bill by the German government to introduce a so-called right of opportunity to stay (20/3717) was passed by the Bundestag on Friday, December 2, 2022.

The so-called "right of opportunity residence" came into force on January 1, 2023. This is a right of residence primarily for well-integrated young people.

The 18-month right of opportunity residence is to be granted to people who have lived in Germany for five years on October 31, 2022, on a tolerated, permitted or residence permit basis. The aim is to enable them to meet the requirements for a right to stay in Germany. These include, in particular, securing a livelihood, knowledge of the German language and proof of identity.

Only foreigners who are committed to the free democratic basic order are to benefit from this. Criminals are to be excluded from the right of opportunity to stay, as are persons who prevent their deportation on the basis of repeated, deliberate and personal misrepresentation or active deception of identity. If the requirements for the issuance of a residence permit are not met after the 18-month residence period, the persons concerned are to revert to the status of tolerated persons.

Special integration achievements by tolerated persons are to be recognized by granting them the right to stay after six years - or after four years if they live with minor children. The periods of prior residence will thus be reduced by two years in each case.

Here you can find the text of the law.