Law for the Introduction of a Right to Stay Based on Opportunities from December 21, 2022
The Right to Stay Based on Opportunities, which came into force on December 31, 2022, offers long-term tolerated individuals in Germany a way to obtain permanent residency. The aim of the law is to end prolonged tolerations and promote integration.
To receive a residence permit for 18 months, tolerated individuals must have lived in Germany for at least five years (as of the cut-off date: October 31, 2022), must not have committed significant criminal offenses, and must commit to the principles of a free and democratic constitutional order.
During these 18 months, the affected individuals must meet the requirements for obtaining a permanent right to stay, such as securing their livelihood and clarifying their identity. If all conditions are met, they can apply for a residence permit under §25a or §25b of the Residence Act (AufenthG). This regulation aims to provide well-integrated individuals with a long-term perspective in Germany.
Additionally, family members can also benefit if they meet certain requirements. For instance, they must live together with the relevant person and must not have committed serious offenses either.