As of January 1, 2023, the new opportunity residence law will enable an 18-month right of residence for tolerated people and families. It is in Section 104c of the Residence Act and applies to people who have lived in Germany without interruption since October 1, 2017 or longer and are only tolerated. Other requirements include a commitment to the free democratic basic order, no criminal offenses (i.e., not more than 50 daily sentences for general offenses or more than 90 for offenses under the asylum/residence law), and no repeated intentional false statements about identity or nationality that prevent deportation.
Persons who meet these requirements must apply themselves to the relevant foreigners authority. To do so, they should seek assistance from the usual counseling centers as soon as possible, as recommended by aid organizations such as the Baden-Württemberg Refugee Council and PRO ASYL.
In these 18 months, it is possible to meet the requirements for obtaining a permanent right of residence under Section 25a of the Residence Act (for those under 27 years of age) or Section 25b for the rest. The conditions for this are, among others, clarification of identity, sufficient German language skills at level A2 and predominant securing of livelihood through gainful employment (more than 50 percent). Families with children can also receive social benefits, and housing subsidies are not an obstacle. The right of residence also applies to family members.
Extensive information is available here from the Baden-Württemberg Refugee Council:
https://fluechtlingsrat-bw.de/aktuelles/chancen-aufenthaltsrecht-in-kraft/
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Das Landratsamt Tübingen und ein Gebäude für die Anschlussunterbringung von Geflüchteten. Foto: tünews INTERNATIONAL / Martin Klaus.
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