The new "Chancen-Aufenthaltsrecht" (roughly: Opportunity Residence Act) stipulated in §104c Residence Act has come into force on 31 December 2022. It stipulates issuing a residence permit for 18 months and only those who currently have a “Duldung” or “Duldung Light” can apply for it.
The new law applies to people who have been in Germany for five years with a "Duldung" (Tolerated Stay Permit) or "Aufenthaltsgesstattung" (Temporary Residence Permit), have not committed a criminal offence and profess the German constitution. During these 18 months, the person should try to meet the requirements for a permanent right to stay, in particular, per § 25a and 25b Residence Act. If they fail, they will be issued a "Duldung" again.
Important: If you are in Germany with a tolerated stay permit or “Duldung”, you should seek advice whether a residence permit under § 25a or § 25b of the Residence Act could also be an option for you. In order to be granted the right to stay according to this new law , you must meet certain requirements. You can learn about these requirements in our chapter "Residence rights for individuals with ‘Duldung’".
The new law (“ Chancen-Aufenthaltsrecht ”) applies to those who currently have a “Duldung” or “Duldung Light”.
Furthermore, y ou must have been living in Germany for five years by October 31, 2022 ( i.e., at the latest since October 31, 2017). During these five years, you must have resided in Germany without any major interruptions with a
Only then can you apply for the right of residence according to the “ Chancen-Aufenthaltsrecht ” .
You must not have committed an intentional criminal offence above certain limits (prison sentences or fines equalling 51 daily rates or more or criminal offences punishable by 91 daily rates or more for criminal offences under the Residence or Asylum Act) during this time. You must also comply by the free and democratic order.
You can apply for this right of residence (per § 104c residence Act) at your responsible Immigration Office. It will be valid for 18 months and will not be extended under any circumstances.
Important: The free democratic rule of law (“freiheitlich demokratische Grundordnung”) is enshrined in the German constitution (“Grundgesetz”), which defines the basis for peaceful coexistence in Germany. It also recognises and endorses democracy as a political form of government. Some Immigration Offices may ask questions during your appointment to ensure you adhere to the law. It, therefore, makes sense to prepare yourself so that you can answer these questions well. You can read the information sheet published by the Wittmund district to learn more.
Copied to clipboard My identity is not officially verified – does the new law also apply to me?Yes. Verifying your identity is not among the requirements for a so-called „ Chancen-Aufenthaltsrechts “ per § 104c Residence Act. People whose identity has not been officially verified (i.e., those who have been issued a so-called "Duldung Light" under Section 60b of the Residence Act can also apply. You can learn more in our "Duldung Light" chapter. The time during which you were living with a "Duldung Light" will also be considered when calculating the 5-year stay requirement.
Important: To ultimately obtain a Residence Permit per § 25a or 25b Residence Act, you have 18 months to prove your identity AND present a passport or a substitute ID card (for instance, travel document for foreign nationals) . If you cannot do so, you must prove that you have made an effort and taken the necessary and reasonable steps to have your identity verified . Check out our "Duldung Light" chapter to find out what "necessary and reasonable steps" means in the paragraph "How can I prove that I have tried to obtain a passport?". Also, you can learn what kind of cooperation for acquiring a passport the immigration authorities can demand from you and what consequences the procurement of a passport can have for you.
It is very difficult or even impossible for some people to obtain a passport. It is, therefore, vital to seek specialised advice for your specific case. A counselling centre or a law firm can advise you on what to do. Please note that consultation with a law firm could be quite costly. You can find counselling centres nearby on our Local Information page. Enter the name of the city where you live and search for asylum, residence or legal advice centres.