Residence permit – Opportunity right of residence

Tolerated persons can apply for a residence permit with the right of residence opportunity in order to later fulfil the requirements for a long-term right of residence.

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

Duration & Costs

Processing time

At least 10 weeks

Fees

  • First licence: 100 Euro
  • First issue child: 50 Euro

Legal basis

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

Landeshauptstadt München

Kreisverwaltungsreferat
Hauptabteilung II Bürgerangelegenheiten
Ausländerangelegenheiten, Asylangelegenheiten

Phone

Postal address

Landeshauptstadt München
Kreisverwaltungsreferat
Hauptabteilung II Bürgerangelegenheiten
Ausländerangelegenheiten, Asylangelegenheiten

Ruppertstraße 19
80466 München

Fax: +49 89 233-45595

Address

Ruppertstraße 19
80337 München

Lagehinweis: Eingang A

Service telephone Foreigners' Registration Office
Monday 7.30 a.m. to 3.30 p.m
Tuesday 7.30 a.m. to 3.30 p.m
Wednesday 7.30 a.m. to 3.30 p.m
Thursday 7.30 a.m. to 3.30 p.m
Friday 7.30 a.m. to 1 p.m

Related services

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If you have submitted an application for asylum to the Federal Office for Migration and Refugees, you will receive a residence permit to carry out the asylum procedure.

Residence permit – adolescents and young adults

Tolerated persons or holders of the right of residence between the ages of 14 and 26 can receive a residence permit if they have integrated well.

Residence permit - beneficiaries of subsidiary protection

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Residence permit - admission promise from the federal government

If you have been granted admission, the Foreigners Office will issue you with a residence permit.

Residence permit - Humanitarian residence without protection status

Residence permit for rejected asylum seekers, by order of the highest state authority or if it is impossible to leave the country.

Apply for asylum

Foreigners who invoke the right of asylum (asylum seekers) must undergo a recognition procedure that is laid down in the Asylum Act.

Residence permit - Humanitarian reasons with protection against deportation

If you are banned from deportation under Section 60 (5) or (7) of the Residence Act, the Foreigners Office will issue you with a residence permit.

Assistance under the Asylum Seekers Benefits Act

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Temporary suspension of deportation (tolerated stay)

If you are obliged to leave Germany but cannot be deported, you will receive a certificate of suspension of deportation.