The reform at a glance

Which requirements do you have to fulfill in order to receive the right of residence according to § 104 c AufenthG?

• You have been tolerated, permitted or have a residence permit in Germany for at least five years by the cut-off date of 31.10.2022 (periods without clarified identity are also taken into account).
• You have declared your support for the free democratic basic order.
• You must not have been convicted of an intentional criminal offense committed within the territory of the Federal Republic of Germany, whereby fines totaling less than 50 daily sentences or less than 90 daily sentences for criminal offenses that can only be committed by foreigners under the Residence Act or the Asylum Act are generally not considered.

Please take note: Spouses, life partners and unmarried minor children who have not yet been living in Germany for five years but who live in a household with a person entitled under Section 104c of the Residence Act also receive the one-year right of residence.

What opportunities does the right of residence open up for me?

You can receive the right of residence with opportunities for a maximum of 18 months (shorter issuance with shorter passport validity) and create the necessary conditions during this period in order to subsequently change to a residence permit according to § 25 a or § 25 b AufenthG.

Above all, it offers better prospects of finding employment due to the secure residence status.

What opportunities does the right of residence open up for me after 18 months?

Anyone who, within the 18 months of being granted a residence permit, is able to secure his or her livelihood predominantly independently (at least 51% from gainful employment), speaks German at a level equivalent to A 2, is able to obtain a passport or can prove that efforts to obtain a passport have been in vain, and whose identity has been clarified, has the option of subsequently switching to a residence permit in accordance with § 25 b AufenthG (sustainable integration). For children and young adolescents, § 25 a AufenthG is the counterpart to § 25 b AufenthG; here, regular school attendance is a condition.

What other opportunities will the pending law reform create for "Duldung" holders?

The law reform has also led to a reduction in the periods after which a residence permit can be applied for under § 25 a AufenthG (well-integrated young people and adolescents) and § 25 b AufenthG (sustainable integration).

A residence permit according to § 25 a AufenthG can now be applied for up to the age of 27 and already after three years of uninterrupted residence with toleration, permission or AE in the federal territory.

A residence permit according to § 25 b AufenthG can now be applied for after four years (if living together with minor children), otherwise after six years.

It is possible to change to these residence permits from a toleration and from § 104 c AufenthG. As a rule, these residence permits require independent (predominant) livelihood security, language skills, proof of identity and a valid passport or proof of unsuccessful efforts to obtain a passport.

Other changes as a result of the reform:

Spouses and children of professionals are now no longer required to prove language skills for family reunification (§§ 30, 32 AufenthG).

In future, asylum seekers will be able to attend integration and professional language courses regardless of their date of entry and country of origin.

You can also find information on the websites of the Federal Ministry of the Interior (BMI) and the Federal Government:

 

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