BLEIBERECHT FÜR ALLE – statt Chancenfalle!

Information on the new ‘Bleiberechtsregelung’ (‘Right to Residency Regulation’)

Information as a PDF for printing and passing on

Since 31.12.2022, there is a new regulation on the right to residency called the ‘Chancen-Aufenthaltsrecht’ (the Opportunity Residency Law)‘ (§104c AufenthG).
This means: if you have a Duldungs-Status and arrived in Germany before 31.10.2017, you can receive a residency permit for 18 Months.

We have collected the most important information for you. But we recommend that you talk to a counseling center or lawyer before you file an application.

You can apply for the ‘Chancen-Aufenthaltsrecht’ if you:

  • have a ‘Duldung’,
  • arrived to Germany before the 31st of October 2017,
  • have had a ‘Duldung’, ‘Aufenthaltsgestattung’ or ‘Aufenthaltserlaubnis’ without disruption since you arrived to Germany,
    • also a ‘Duldung light’ for people whose “Identity is unclarified” counts (§60b AufenthG)
    • if, during this time you have been outside Germany for a maximum of 3 months (for vacation or travel), this is also no problem.
  • no criminal convictions, which means no prison sentences or fines over 50 ‘Tagessätze’ (“day rates”) – or fines over 90 ‘Tagessätze’ in cases of criminal offenses under the  ‘Aufenthaltsgesetz’ (Residency Act ) or the ‘Asylgesetz’ (Asylum Act)
  • have not repeatedly and purposely provided false information about your identity or nationality,
  • and commit yourself to the free democratic constitutional order (freiheitlich-demokratische Grundordnung). (here you can find a template )

You will get a residency permit (Aufenthaltserlaubnis) for 18 months. Additionally:

  • you will be allowed to work,
  • you will be allowed to travel abroad if you have a valid Passport
  • you are eligible for ‘Bürgergeld’ (from the Jobcenter) and can register for other social benefits,
  • you can visit an integration course.

Yes. Your family members can also get the ‘Chancen-Aufenthaltsrecht’, even if they arrived in Germany after the 31st of October 2017. As family members are considered:

Spouse/Partners and Children under the age of 18, if they:

  • share a household with you,
  • fulfill all the other regulations (‘Duldung’, no criminal convictions, no false provision of identification or citizenship)

 Adult children over 18, if they:

  • came to Germany as a minor (under 18 years old)
  • if they share a household with you,
  • fulfill all the other regulations (‘Duldung’, no criminal convictions, no false provision of identification or citizenship)

Important: You need to also submit an application for them. You can submit their application together with yours.

You need to submit the application to the ‘Ausländerbehörde’ (immigration authority) responsible for you.

This is possible from this moment onwards.
The application must be in writing and with your signature.
You can send the application by Fax, E-Mail or via Post.
You can apply for the ‘Chancen-Aufenthaltsrecht’ until the 31st of December 2025.

We recommend:

  • Keep the Fax receipt, E-Mail transmission confirmation or the confirmation of the post office (mail it via ‘Einschreiben’).
  • The ‘Ausländerbehörde’ might need a lot of time to process your application. Therefore submit the application as soon as you meet all the requirements.
  • Speak to a consultant or with your lawyer before you file the application!

You can find a sample application here.

Sometimes the ‘Ausländerbehörden’ (immigration authorities) promise that you will get your ‘Aufenthaltserlaubnis’ (residency permit) if you bring them your passport.

  • BUT: For the ‘Chancen-Aufenthaltsrecht’ you do not need a passport.
  • You will only get the ‘Chancen-Aufenthaltsrecht’ if you fulfill all the requirements.
  • If the ‘Ausländerbehörde’ declines your application for the ‘Chancen-Aufenthaltsrecht’ they can use your passport to plan your deportation.
  • Always speak to your lawyer before you give your passport to the ‘Ausländerbehörde’.

In order for you to be able to stay in Germany after the 18 months, you will need to:

  • be able to secure your living primarily through the wage you earn: so you have to earn enough money for your living costs,
  • prove your identity and citizenship,
  • have oral german skills (german speaking skills) at A2 Level,
  • have a passport (there can be individual exceptions)

If you meet the requirements, you can change to other residence arrangements (‘Aufenthaltsregelungen’).
Important: You need to apply for the further residence permit before the 18 months are over. It is not possible to extend the ‘Chancen-Aufenthaltsrecht’ beyond the 18 months.

If you do not meet the requirements for a residence regulation after 18 months, you will receive a ‘Duldung’ again.

That is why an individual consultation with a lawyer or a counseling center (Beratungsstelle) is important.

We are monitoring how the ‘Ausländerbehörden’ (immigration authorities) process applications for the ‘Chancen-Aufenthaltsrecht’. Please inform us if you have any problems in this process.
We would like to share information and experiences with you and other people with a ‘Duldung’.
Please send us an email so that we can invite you to a meet up: