The opportunity residence law for foreigners is valid since 01.01.2023. To whom is this new residence permit addressed? And what are the requirements?
- Addressees of the right of abode of opportunity
The right of chance residence is aimed at foreigners who are staying in Germany with a toleration. It is the first step for the path away from the toleration to a long-term residence permit on the second level.
The chances residence permit is relatively easy to get, because, for example, neither passport nor livelihood nor entry with visa are required. The Opportunity Residence Permit is valid for 18 months and cannot be extended further.
During the 18 months, the foreigner has the chance to fulfill other requirements necessary for a long-term residence permit. He therefore has 18 months to, for example, apply for a passport, improve his German language skills, take up a job or training, i.e. to secure his livelihood. This then results in plannable and long-term residence prospects.
As soon as the foreigner fulfills these requirements, he or she can usually obtain a long-term residence permit according to § 25a or § 25b AufenthG or for another purpose, such as employment. § Section 25a of the Residence Act regulates the right of residence for well-integrated adolescents and young adults, and Section 25b of the Residence Act regulates the granting of residence in the case of sustainable integration.
So, once you have obtained the chances residence permit, you should have a plan of what residence permit you want to have afterwards and what requirements you need to fulfill in order to get it. We will be happy to advise you on this. If you do not meet the requirements for a residence permit after 18 months, you will fall back to the status of Duldung.
- What are the requirements?
Application for a residence permit according to §104c AufenthG
The foreigner must have a toleration. An expired residence permit is also conceivable; this would have to be discussed with the foreigners authority in each individual case.
Prior residence periods: the foreigner must have resided in the territory of the Federal Republic of Germany for at least 5 years without interruption as of October 31, 2022, on a permitted, tolerated or authorized basis. Short-term interruptions of up to 3 months are no problem.
For family members who wish to acquire the opportunity residence permit with, the duration of prior residence may be waived.
A commitment to the free democratic basic order by personally signed declaration is required.
No final conviction for an intentional criminal act committed in Germany. No problem are fines of up to 50 daily rates in total or of up to 90 daily rates for crimes that can only be committed by foreigners, or convictions under juvenile criminal law that do not amount to a juvenile sentence
No false statements or deception of identity: no claim shall be made by anyone who has repeatedly and intentionally made false statements or deception about his or her identity or nationality, thereby preventing his or her deportation.
If you have any questions, please feel free to contact us.