With the introduction of the Opportunity Residence the number of long-term tolerated people should be reduced and the practice of chain tolerance for the group of people covered should be ended. This one-year residence permit will give those who have been tolerated for many years the opportunity to fulfill the necessary requirements for a right to stay. This includes, in particular, securing their livelihood and clarifying their identity.
Until the so-called Opportunity Residence Law Act comes into force, the Hessian immigration authorities will be required by a decree of July 19, 2022 to take into account the possible legalization of residence when making their discretionary decision on the granting of a discretionary toleration pursuant to Section 60a (2) sentence 3 AufenthG. Except in atypical cases, the enforcement of the deportation is to be suspended until the chances of residence law come into force, provided that the foreigner is likely to benefit from this new residence law (§ 104c AufenthG-E).
People who have been tolerated, permitted or have been living in Germany with a residence permit for five years on January 1, 2022 should be able to acquire a one-year opportunity residence permit (§ 104c AufenthG-E) in order to have the opportunity to meet the other requirements during this time for a right to stay according to the amended regulations of §§ 25a and 25b AufenthG (in particular securing a living, knowledge of the German language and proof of identity). Criminals remain fundamentally excluded from the chance of residence. Persons who continue to prevent their deportation due to repeated, intentional misrepresentation or active identity deception should be denied a residence permit. Only foreigners who are committed to the free democratic basic order benefit from the right of residence. If the requirements for the issue of a residence permit according to § 25b AufenthG or – within the framework of the age limit of 27 years – according to § 25a AufenthG after the one-year residence period are not met, the persons concerned revert to the status of toleration, since the opportunity Right of residence is a one-off special arrangement and the same residence status cannot be extended beyond one year. This is to avoid the impression that those affected can primarily acquire a residence permit simply by waiting. The granting of a residence permit in accordance with §§ 25a or 25b AufenthG after the expiry of the one-year period of validity of the residence permit granted within the framework of the right of opportunity of residence requires the fulfillment of the integration services linked to these standards.
Link to the decree of 07/19/2022