A new law should make it possible: from toleration to the right to stay

Under the complicated name of “Chancen-Aufenthaltsrecht”, there are new possibilities for refugees to stay who have not been recognized as refugees and are only “tolerated”, i.e. obliged to leave the country. The new federal law on this is to come into force on 1 January 2023, but still has to be passed by the Bundestag. In anticipation of the new law, the state government of Baden-Württemberg has decided to no longer deport “well-integrated refugees”. tünews INTERNATIONAL has already reported on this: https://tunewsinternational.com/?s=22101203
Who does the new regulation help? It applies to refugees with toleration who came to Germany before 1 January 2017 and “profess the free democratic basic order of the Federal Republic of Germany”. They have to sign this. They must also not have been convicted of a criminal offence in Germany and must not have made false statements about their identity and nationality.
Detailed information can be found in a leaflet published by the Tübingen-based aid organisation “Plan B”, which also offers free counselling and assistance with the application process. It is important to apply yourself, the new rules do not automatically apply to those affected.
The “right of opportunity to stay” is granted for one year, even if one cannot yet fully secure one’s livelihood oneself and even if one’s identity has not yet been fully clarified. During this year, the conditions can be met to obtain a permanent right of residence according to § 25a of the Residence Act (for those under 27 years of age) or §25b for the others. The conditions for this are, among others, sufficient German language skills at level A2 and securing a livelihood mainly through gainful employment. Families with children can also receive social benefits, and housing benefit is not an obstacle. The right of residence also applies to family members.
According to the Federal Ministry of the Interior, about 136,000 tolerated persons have been in Germany for at least five years. In a forecast, the ministry assumes that about 33,500 of them will receive a permanent right to stay upon application.
The fact sheet in German and English is available at:
Koalitionsvertrag (menschen-rechte-tue.org)
Contact Plan B:
Plan.B | [kontakt] (planb.social)

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Landratsamt Tübingen. Foto: tünews INTERNATIONAL / Mostafa Elyasian.
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