Germany has made the new immigration law for the Asylum seekers, implemented from 1 January 2023. This will help migrants stay in Germany and make their stay even permanent by fulfilling some specific requirements. This simply means that most of the people having “Duldung” status will be able to get the German residence permit.
On January 1, 2023, the new “Opportunity Residence Act” came into force. Tolerated persons who have been living in Germany for more than five years are given the chance of a permanent right of residence by the law. However, only a fraction of those tolerated will ultimately benefit from the new regulation.
According to Federal Minister of the Interior Faeser, the law will introduce a real change of perspective. “We want people who are well integrated to also have good opportunities in our country. We ensure that with the right of residence. We are ending the previous practice of chain tolerance. In doing so, we are also ending the often years of insecurity for people who are already have long since become part of our society,” says Faeser.
Who qualifies for these new regulations?
The regulation affects around 136,000 people who are already well integrated in Germany, who have been tolerated, permitted or have been living in Germany with a residence permit for five years on October 31, 2022, have not committed any crimes and are committed to the free democratic basic order. Well-integrated young people and adolescents can receive a residence permit after just three years of residence and up to the age of 27.
The law introducing an opportunity right of residence has come into force. With the new regulation, the German federal government is taking a first important step on the way to a new start in asylum, migration and integration policy and a comprehensive modernization of immigration law. The 18-month residence permit regulated by law will give long-term tolerated persons the opportunity to meet the necessary requirements for a permanent right to stay in Germany. This ends the previous practice of chain toleration. This was a great burden for those affected as well as for the authorities.
More integration chances
The federal government will open the integration courses for asylum seekers right from the start. In the future, the integration course and the professional language course will always be accessible within the limits of available places, regardless of the country of origin or the date of entry of the person concerned. In this way, the Federal Government is making a contribution to participation and social cohesion.
Permanent residency chance
Eligible applicants will receive an 18-month right of residence. During this time, they have a fair chance of fulfilling the requirements for a permanent right to stay in Germany. This includes in particular proof of subsistence through gainful employment, good knowledge of the German language and the acquisition of proof of identity.
What is new for foreign skilled workers?
In order to increase the attractiveness of the country as an immigration destination for foreign skilled workers, those standards that were only put into effect for a limited period in the Skilled Immigration Act will be made permanent and thus permanently applicable. In addition, family reunification for third-country national skilled workers is made easier, as the requirement for a language certificate is no longer required for spouses who are immigrating.
Exclusions
Criminals and dangerous persons remain excluded from the right of opportunity to remain in principle. Expulsion and the ordering of detention pending deportation is made easier for this group of people. Persons who continue to prevent their deportation due to repeated, intentional misrepresentation or active identity deception will also be denied a residence permit and a consistent and speedy repatriation will be enforced.