Germany is now giving 18 months’ residence permit to asylum seekers. Last year on December 31, the new right of residence came into force. With this, tolerated persons (ones having Duldung status) who have been in Germany for 5 years without interruption on October 31, 2022, will be granted the new “probationary residence permit” (in German it is called Chancen-Aufenthaltsrecht). This residence permit is for a maximum period of 18 months. This will help asylum seekers to meet the requirements to fulfill a transition to the right of residence regulations according to § 25a or § 25b AufenthG and thus to be able to achieve long-term residence legalization and consolidation. This also applies if they do not have a passport and have no means of subsistence (means of earning or work).
After 18 months, most of these requirements must then be met in order to be able to change to the residence permit according to Section 25a or b. An extension of the residence permit according to § 104c is not possible. You cannot be deported during the 18-month residence permit.
From now on, all persons with a residence permit have access to the integration courses in accordance with Section 44 (4) sentence 2 of the Residence Act and to the job-related German language courses in accordance with Section 45a of the Residence Act. This now applies regardless of the country of origin and the supposed “prospects of staying” and also for people from countries of origin that have been declared “safe”.
Working rights
You are allowed to work – both as an employee of an employer, as well as in a self-employed activity or in a temporary employment agency. If you were prohibited from working as a tolerated person, which is why you were previously not allowed to work, then this no longer applies. You should also inquire about this at your responsible immigration office when you are given the residence permit.
Which asylum seekers can get a German residence permit of 18 months?
The chance of residence is for people with a “Duldung”. You must have lived in Germany for five years by October 31, 2022 (at the latest since October 31, 2017). As a residence proof in Germany as an asylum seeker, you must be holding one of the following:
- Duldung / “Duldung light”,
- Aufenthaltsgestattung or,
- temporary residence permit.
During this time, they must not have committed any intentional criminal offenses above certain limits (prison sentences or fines from 51 daily rates or criminal offenses from 91 daily rates for criminal offenses under the Residence or Asylum Act) and must commit to the free-democratic basic order.
You can apply for the right of residence according to § 104c AufenthG at your responsible foreigner’s authority. You get this residence permit for 18 months. It will not be extended under any circumstances.
Essential requirements for obtaining a residence permit according to § 104c AufenthG
The application for 18 months of Aufenthalt or residence permit must be submitted to the local ABH with the following requirements to be met:
- Commitment to the free democratic basic order (required from the age of 16)
- Applicant should hold the “Duldung” status at the time of the official decision on the required application
- 5 years of residence achieved by October 31, 2022 (applies to families only for one (reference) person; family members do not have to have a 5-year prior residence); Times with a “Duldung light” (§ 60b AufenthG) are taken into account.
You must apply for the right of residence at your responsible immigration office, preferably in writing. Ask whether there is a special form for this and what evidence you need to provide. If you meet the requirements, the immigration authorities will usually issue you with this residence permit. Since the right of residence (§104c AufenthG) is a mandatory provision, the immigration authorities can refuse to grant a residence permit in exceptional cases. The immigration authorities must justify why the Ausländerbehörde believes that this is an exceptional case. You can appeal against a refusal or file a lawsuit.
Residence permit for young Asylum seekers
The regulations on the right to stay according to §§ 25a and b AufenthG will be expanded: “Good Integrated” young people between the ages of 14 and 26 (instead of the previous 20) should be given a right to stay according to § 25a if they live in Germany for three years (instead of the previous four) and more conditions are met.
Residence permit after 6 years for asylum seekers (previously 8 years)
Persons who have been in Germany for six years (previously eight) or – in the case of families with a minor child – for four years (previously six) should be granted a right to stay under Section 25b if other requirements are met. Below are the main changes to the right-of-residence regulations:
Changes to § 25a AufenthG for obtaining a residence permit for well-integrated young people and adolescents:
- Raising the age limit from 21 years to 27 years,
- Reduction of the pre-residence period from 4 to 3 years as well as the duration of previous school attendance from 4 to three years (if no school or professional qualifications have yet been obtained),
- Introduction of a compulsory pre-acceptance period of 12 months before receiving the residence permit (negative; previously it was sufficient to be tolerated upon receipt of the residence permit or before the age of 21; the remaining residence times could have been largely fulfilled with a residence permit and/or permission),
- Introduction of an exemption for the 3-year successful school attendance or for the proof of a school or vocational qualification in the case of physical, mental, or psychological illness or disability.
Changes to § 25b AufenthG for obtaining a residence permit with sustainable integration:
- Reduction of the pre-residence period from 6 to 4 years for persons with underage unmarried children,
- Reduction of the pre-residence period from 8 to 6 years for single people.
Can your family also apply for this visa?
If you meet the requirements, your spouse or life partner as well as your underage unmarried children, and perhaps also your adult children can receive the right of residence. Your partner or children do not have to have lived in Germany for five years. However, the following requirements must all be met:
- Your spouse or partner and your children must live with you in the same apartment.
- Your spouse or life partner and your children must not have committed a criminal offense.
- Your spouse or life partner and your children must never prevent your deportation in the past due to repeated, intentional, and false statements about your identity and nationality.
- Your spouse or life partner and your children must recognize the free democratic basic order.
People with no passport or unknown identity
Clarifying your identity is not a prerequisite for the granting of the right of residence according to § 104c AufenthG. Tolerated persons with an unclear identity – i.e. persons with so-called toleration light according to § 60b Residence Act – can also submit an application. Your time with the Duldung light is counted towards the 5-year period.
Important: To subsequently receive a residence permit according to § 25a or 25b AufenthG, you must have clarified your identity within 18 months AND be able to present a passport or a substitute ID card (e.g. travel document for “foreigners”). If you are unsuccessful, you must prove that you have taken the necessary and reasonable steps to clarify your identity.
If you have left Germany and cannot show a regular stay of five years
If you have only left Germany for a short time, this has no effect and you can apply for the right of residence. Under short-term, interruptions of stay lasting no longer than three months are considered. It is important that you have never moved the center of your life to another country (e.g. if you have given up your apartment in Germany).