Opportunity right of residence as a new way to change lanes for tolerated persons | News Aliens Law: Politics Legislation

In the past there have been different approaches to reducing the number of tolerated foreigners in Germany. Neither the tightening of the right of residence through the law to improve enforcement of the obligation to leave the country in 2019, which introduced the “Duldung light” (Section 60b AufenthG), nor efforts to legalize it were successful. There are therefore reasonable doubts that the Changing lanes through the opportunity right of residence will be more successful.

The numbers of deportations carried out in 2020 (around 10,800 foreigners) and 2021 (around 12,000 foreigners) show that the forced repatriation of enforceable foreigners who are obliged to leave the country is not very promising. The compulsion to have one’s identity clarified in order to be able to pursue employment has also not been crowned with success, as returns have not increased significantly since the introduction of the Duldung light. It is therefore not surprising that long-term tolerated persons are to be legalized again.

Efforts have already been made in recent years to reduce the number of tolerated persons by changing to a right of residence. currently exist four different legalization options for a lane change:

  • The humanitarian right of residence for well-integrated foreigners (§ 25b AufenthG).
  • The humanitarian right of residence for young people and adolescents in training (§ 25a AufenthG).
  • The right of residence for gainful employment after completing qualified vocational training (§ 19d AufenthG), which is intended to become more efficient through the inclusion of the “Ausbildungsduldung” (§ 60c AufenthG).
  • Humanitarian right of residence for persons who cannot be deported in the long term (Section 25 (5) Residence Act).

None of the above options led to a significant reduction in the number of tolerated foreigners. Rather, their number rose from 155,308 in 2015 to 202,387 in 2019 and now to 247,290 in 2022. According to the BMI forecast, only about 33,500 foreigners will be able to switch to a right of residence via the new opportunity right of residence.

A solution that enables more effective repatriation of tolerated foreigners can certainly only be found at European Union level. The conclusion of repatriation agreements in exchange for legal access to the European internal market would be one way of increasing the willingness of the countries of origin to take in foreigners who are obliged to leave the country.

Mainz, 29.11.2022