Residence permit – Opportunity right of residence

Course description

On 31 December 2022, the so-called Opportunity Right of Residence came into force. This enables people with a tolerated stay permit who have been living legally in Germany for at least five years since 31 October 2022 to obtain a residence permit for 18 months.

• Spouses, life partners and underage unmarried children are also to be granted a residence permit for a shorter period of stay, provided that there is a family cohabitation and the conditions for granting the permit are met.
• Persons who have been sentenced to a total of more than 50 daily rates for intentional criminal offences or 90 daily rates for criminal offences under immigration law cannot be granted a residence permit.
• The residence permit is issued for a maximum of 18 months and can only be extended as a residence permit in accordance with § 25a or § 25b AufenthG. If the requirements are not met after 18 months, you will not receive another residence permit and are generally obliged to leave the country. However, you will receive a tolerated stay permit again if the reasons exist.

To apply, please send us your application form online or by post. After we have checked your application, you will receive an appointment from us.

Prerequisites

• In possession of a tolerated stay permit
• On 31 October 2022, tolerated, permitted or in possession of a residence permit in Germany for at least five years without interruption
• Commitment to the free democratic basic order
• Extensive exemption from punishment

Required documents

• Fully completed application and indication of your ID

The documents submitted (such as proof of identity and language certificates) will be checked for authenticity.

Legal basis

§ Section 104c AufenthG, Section 25a AufenthG, Section 25b AufenthG, Sections 60a, 60b, 60c, 60d AufenthG, Section 10 AufenthG