On December 2, 2022, the Bundestag passed the law introducing the “Right of Residence Opportunity”. In the area of the right of residence regulation under Section 25b of the Residence Act, the periods of residence for single persons have now been reduced from the previous standard of eight years to six years and for persons with underage children from the previous standard of six years to four years. Young adults can apply for the right of residence under Section 25a of the Residence Act after just three years of residence. The previous maximum age of 21 has been raised to 27. Unfortunately, the previous regulation for young adolescents was worsened at the insistence of the Committee on Internal Affairs to the effect that a twelve-month tolerated stay is now required, which makes it more difficult for young people in particular, who are needed as future skilled workers or employees, to switch directly from a negative asylum procedure to the right of residence.
The “right of residence opportunity” now regulated in Section 104c of the Residence Act is intended to form a bridge to the right of residence regulation. Persons who have been in Germany for five years (i.e. entered the country before October 31, 2017) on the cut-off date of October 31, 2022 and are required to leave the country or are in possession of a “tolerated stay” have the opportunity to obtain a residence permit for a period of 1 1/2 years. This is to be issued irrespective of clarification of identity, securing a livelihood and carrying out a visa procedure. The members of the nuclear family also receive the “right of residence on opportunity”, even if the pre-stay period of five years is not reached. There is now an opportunity for the group of people concerned to meet the requirements for the right of residence within the one-year period, in particular to clarify their identity, obtain a passport and secure their livelihood primarily through gainful employment.
However, the fact that the “right of residence on opportunity” itself expressly does not allow for a change to other residence permits, to which there is a legal entitlement under the law, constitutes a breach of the system.
All in all, this is still good news for the 309,000 people in Germany who are required to leave the country as of October 31, 2022 according to the Central Register of Foreigners.