Right of residence for tolerated persons

Many people live in Germany for years with a tolerated stay permit. However, there are also opportunities for tolerated persons to obtain a residence permit. To do so, they must meet certain requirements. If you do not meet all the requirements, seek advice from an advice center. You can find advice centers in your area on our Local Information page. Enter the city in which you live and search for asylum, right of residence or legal advice.

Please note: The months or years during which you have a "Duldung für Personen mit ungeklärter Identität" according to §60b of the Residence Act are not counted as a pre-tolerated period. This means that you cannot count them if you have been here for a certain number of years. You can find out more about this topic in our chapter"Duldung for people with an unresolved identity".

New: The new right of residence with opportunities is different: It is intended to enable people with a tolerated stay to obtain a permanent right of residence. According to the right of residence with opportunities, the time during which you have had a "tolerated stay light" is counted as a pre-tolerated period. You can find more information on this in the section "Residence permit under the right of residence with opportunities (§104c AufenthG)".

What options do I have?

Residence permit for humanitarian reasons (Section 25 (5) AufenthG)

You can obtain a "residence permit for humanitarian reasons" (Section 25 (5) AufenthG) if it is not possible for you to return to your home country in the long term, e.g. because you are unable to travel for a longer period of time or your home country refuses to issue you a passport.

Specifically, you must meet the following requirements:

You have had a tolerated stay permit in accordance with §60a AufenthG for at least 18 months. If you have been in Germany for less than 18 months, the foreigners authority can decide whether or not to issue you with this residence permit. The length of your stay in Germany and your integration into the labor market play a decisive role in the decision.
You cannot return to your home country because, for example, you are unable to travel or you cannot obtain a passport and you are not allowed to enter your country without a passport.
You must speak German at level A2. You can prove this, for example, with a certificate or a school, training or university degree.
You must be able to support yourself primarily through your own income. This means that, as a rule, you may not receive any financial support from the state. However, the Immigration Office may waive this requirement if it assumes that you will be able to support yourself in the future.
If you have children, they must attend school.
You must be committed to the free democratic basic order and have the corresponding basic knowledge. You will usually learn this in the orientation course. The orientation course is part of the integration course. However, you can also just take the corresponding "Living in Germany" exam. If you have a German school-leaving certificate, the exam is not necessary.
You must not have prevented your deportation by deception or lack of cooperation.
You must not have any convictions for criminal offenses
You must have a passport or passport substitute or a travel document for foreigners or prove that you have applied for a passport or passport substitute and have not received one.

As soon as you need to extend your residence permit, the immigration authorities will check whether it is possible for you to leave the country or be deported. If departure or deportation is possible, your residence permit may not be extended and you may be asked to leave the country. In this case, contact an advice center or a law firm immediately. You can find advice centers in your area on our Local information page. Enter the city in which you live and search for asylum, right of residence or legal advice.

You can find more information on Section 25 (5) Residence Act (residence permit for humanitarian reasons) in German on the information sheet of the Saxony-Anhalt Refugee Council.

Residence permit for "well-integrated" adults (§25b AufenthG)

You can obtain a residence permit on the grounds of long-term integration (§25b AufenthG) if you have been in Germany for a long time and are "well integrated" here. The residence permit is valid for 3 years and can be extended.

Important: Since January 2023, you must meet the following requirements:

You have a tolerated stay according to §60a AufenthG, a residence permit, a temporary residence permit or the right of residence on opportunity (§104c AufenthG). You can find detailed information on this in the Opportunity right of residence chapter.
You have been in Germany for at least 6 years without interruption and have had some kind of residence document (Aufenthaltsgestattung, Duldung, etc.) for all these years. If you have underage children, you must have been in Germany for at least 4 years. Please note: If you have had a " Beschäftigungsduldung" for 30 months, you do not have to fulfill this requirement.
You speak German at level A2. You can prove this with a certificate or a school, training or university degree.
If you have children, they must attend school.
You must be able to support yourself primarily through your own income. This means that, as a rule, you may not receive any financial support from the state. However, the immigration authority may waive this requirement if it assumes that you will be able to support yourself in the future.
You must be committed to the free democratic basic order and demonstrate the corresponding basic knowledge. You will usually learn this in the orientation course. The orientation course is part of the integration course. However, you can also just take the corresponding "Living in Germany" exam. If you have a German school-leaving certificate, the exam is not necessary.
You must not have prevented your deportation by deception or lack of cooperation.
You must not have any convictions for criminal offenses.
You must have a passport or passport substitute or a travel document for foreigners or prove that you have applied for a passport or passport substitute and have not received one.

Please note: If your spouse and children live with you, they can obtain a residence permit in accordance with §25b AufenthG, even if your spouse and children have not been living in Germany for 6 years. However, your family must fulfill the other conditions.

You can find more information on §25b AufenthG in German on the information sheet of the Saxony-Anhalt Refugee Council.

Residence permit for "well-integrated" young people and young adults (§25a AufenthG)

Young people between the ages of 14 and 27 who have been tolerated for 12 months can obtain a residence permit for "well-integrated" young people and young adults (§25a AufenthG ) if they have been in Germany for some time and are "well integrated" here. The residence permit is valid for 3 years and can be extended.

Important: Since January 2023, the following requirements must be met

You are between 14 and 27 years old.
You have been in Germany for at least 3 years without interruption
You have a tolerated stay permit according to §60a AufenthG, a residence permit or a temporary residence permit.
When you submit the application, you have either been tolerated for 12 months OR have the right of residence (§104c AufenthG).
You have been successfully attending school for at least 3 years, i.e. you are promoted to the next higher class every year or you already have a German school or vocational school leaving certificate.
There must be no concrete evidence that you are not committed to the free democratic basic order. This would be the case, for example, if you are active in an extremist or terrorist organization.
The immigration authority must assume that you will continue to integrate well into German society, e.g. that you will do an apprenticeship or study or find a job after leaving school.
You must not have any convictions for criminal offenses.
You must have a passport or passport substitute or a travel document for foreigners or prove that you have applied for a passport or passport substitute and have not received one.
You must apply for a residence permit in accordance with §25a AufenthG before your 27th birthday.

The parents of a minor who receives this residence permit can also receive a residence permit in accordance with §25a if they have not prevented their deportation by deception or lack of cooperation, have not committed any crimes and are able to support themselves. This also applies to the spouse of young people or young adults who receive this residence permit.

You can find more information on §25a AufenthG in German on the information sheet of the Saxony-Anhalt Refugee Council.

Residence permit for qualified tolerated persons (§19d AufenthG)

You can obtain a "residence permit for qualified tolerated persons for the purpose of employment" (§19d AufenthG ) if one of the following scenarios applies to you and you fulfill the additional requirements listed below:

You were the holder* of a "Ausbildungsduldung", have successfully completed your training and have subsequently found a job in your profession. Or:
You have a job offer for which qualified training or studies are required. Or:
You have completed vocational training or a course of study in Germany. Or:
You have a foreign university degree recognized in Germany and have been in qualified employment in Germany for at least two years. Or:
You have been working as a skilled worker in Germany for at least three years and have secured your livelihood mainly through your own income for at least one year.

You must also meet the following requirements in all five cases:

The Federal Employment Agency must approve your application. However, no priority check will be carried out.
You must have sufficient living space.
You must speak German at level B1.
You must not have any links to terrorist or extremist organizations.
You must not have committed any major criminal offenses.
You must be able to support yourself primarily through your own income.
You have not prevented your deportation by deception or lack of cooperation.

"Residence permit in accordance with the right of residence by opportunity (§104c AufenthG)"

The new law on the right of residence according to opportunities (§104c Residence Act) came into force on December 31, 2022. It grants people with a tolerated stay permit a residence permit for 18 months. You can apply for it if you have resided in Germany for at least five consecutive years "tolerated", "permitted" or "allowed" until October 31, 2022. In addition, you must not have committed a criminal offense and must be committed to the German constitution. During these 18 months, you should make an effort to fulfill the requirements for a permanent right of residence. Further information can be found in the chapter Opportunities - right of residence.

Where and how can I apply for a residence permit?

You can apply for a residence permit at the foreigners authority responsible for you. Ask your foreigners authority for the appropriate form. And ask whether you should submit the application in writing or whether you need an appointment. As a rule, you can submit the application in writing. To do this, send the completed form and copies of your supporting documents (language certificates, employment contract, training contract, etc.) to your foreigners authority. If you need an appointment: Make an appointment and bring all your documents and the completed form with you to the appointment. You can find the foreigners authority responsible for you at bamf.de.

Where can I find advice & support?

An advice center or a law firm can advise you on your options. And help you with your application for a residence permit. Please note that a consultation with a law firm can be very expensive. You can find advice centers in your area on our Local Information page. Enter the city in which you live and search for asylum, right of residence or legal advice.

Important

If you meet almost all the requirements for a specific residence permit for tolerated persons, but one or two are missing, be sure to seek advice from an advice center or a law firm. Under certain circumstances, there is still a solution.

Despite not fulfilling all the necessary requirements, a tolerated person with a desire to obtain a permanent residence permit should seek advice from an advice center to explore potential options.
For individuals who have had a "tolerated stay light" for a certain period, they may now be eligible for a residence permit due to the new right of residence with opportunities, offering a pathway to a permanent stay in Germany.

Source: handbookgermany.de