The Residence Opportunities Act (Section 104c AufenthG) has been in force since 31 December 2022. It enables tolerated persons to obtain a permanent residence permit.
Applicants must fulfil the following requirements for the granting of this residence permit:
- They have been living in Germany for at least 5 years without interruption by the cut-off date (31 October 2022).
- During this time, they must have been in uninterrupted possession of a toleration permit, temporary residence permit or a residence permit.
- They are committed to the principles of the liberal democratic constitutional order and have not been convicted of an intentional criminal offence.
- They must not have repeatedly and deliberately provided false information or misled others about their identity or nationality.
The Residence Opportunities Act allows for a one-time residence permit of 18 months. During this time, they can create the necessary conditions to obtain a permanent perspective of staying in Germany by acquiring sufficient oral language skills (A2 level), by clarifying their identity and by securing their livelihood mainly independently through gainful employment. The required language skills can be proven, among other things, by completing a German school or vocational training programme or a language certificate. Alternatively, German language skills can be tested and certified by the Saxony-Anhalt Regional Association of Adult Education Centers (Landesverband der Volkshochschulen Sachsen-Anhalt e. V.) in the so-called "Sprachstandsfeststellung" (language proficiency assessment).
The residence title is also transferred to the applicant's nuclear family under the Residence Opportunities Act. If they are not yet gainfully employed, they receive an employment permit and are entitled to social benefits according to the German Social Code (SGB) II ("Bürgergeld”) [citizens’ income].
The local Foreigners' Authorities advise you on the application process in relation to the Residence Opportunities Act. You can also seek advice from the following offices before submitting your application:
- Migration counselling centres of the country for adult immigrants: https://integrationsbeauftragte.sachsen-anhalt.de/fileadmin/Bibliothek/AGSA/Integrationsbeauftragte/Beratungseinrichtungen_MBE_ST_20230125.pdf)
- Special counselling and support services for asylum seekers, tolerated refugees, persons entitled to asylum, ethnic German repatriates and their relatives and immigrants with a settlement permit: https://integrationsbeauftragte.sachsen-anhalt.de/beratung-netzwerke/beratungsstellen/gesonderte-beratung-und-betreuung
- Youth migration services for children, adolescents and young adults (12-27 years) with a migration background: https://www.jugendmigrationsdienste.de/ueber-jmd/jmd-finden
You can find the complete text of the law in the Federal Gazette of the Bundesanzeiger (German Federal Gazette).
On the portal of the Federal Government Commissioner for Integration you will find more information on the Residence Opportunities Act: https://www.integrationsbeauftragte.de/ib-de/ich-moechte-mehr-wissen-ueber/chancen-aufenthalt.