Chances of a right to stay

There are various ways to obtain a residence title with tolerated stay [Duldung]. It is important that

• the identity has been clarified, preferably with a passport
• there have been no major criminal offences

It is also often helpful if you work, volunteer and know lots of people who are happy to support you. This is called “good integration”. This is just an initial overview of the opportunities available to you. You don’t automatically get a residence permit, you always have to apply for it first and provide plenty of proof. You are only safe once you have received a favourable decision on your application.## What residence titles are there? These paragraphs in the Residence Act / “Aufenthaltsgesetz” are particularly helpful here:

• § 25a (for young people) and § 25b (adults) in the case of “good integration” after at least 3 years in Germany.
• Until the end of 2025: § 104c “Opportunity residence” / “Chancen-Aufenthalt” if you have been living in Germany since at least 31 October 2017.
• § 60c “Ausbildungs-Duldung” or § 16g “Aufenthaltserlaubnis zur Berufsausbildung” if you are doing a 2- or 3-year training in a company or in a vocational school.
• § 19d: You can apply for this residence permit after training. You must then work in the same profession as during your training.
• § 60d “Beschäftigungsduldung”, if you have been in Germany since 2022 or longer and have been working for at least 1 year with tolerated status. Attention: For these residence titles you need a passport, which you must not hand in too late! Go to a counselling centre beforehand!

You can find more detailed information in 9 languages here:

Information only in Spanish, especially for tolerated people from Venezuela:

The “Welcome to Europe” network has compiled “Information against fear” to support everyone in the fight for their right to stay. Here is a brochure on the right to stay in english and german:

Residence through Hardship Case Commission:

Here you can find a brochure for Saxony in 11 languages with more information:

Residence because of the family:

Because you have children or are married to people who have a right of residence in Germany or are German citizens.
Attention: Sometimes you have to travel back to your country of origin, apply for a visa and come back. In case of children you have to prove that you have the right of custody and that you take care of the upbringing. The immigration authorities can request a genetic test to determine whether the biological paternity is true.
You can get a tolerated stay /Duldung until the child is born or when you have all the documents for a marriage. However, you must apply for this at the immigration office.
It is very important that you have the support of a counseling center or lawyers.

A new asylum application, a so-called follow-up application according to § 71 of the Asylum Act.

If the situation in your country of origin has changed a lot or you have new evidence why you are in danger there, a follow-up application may make sense. And perhaps you have not yet had the courage to talk about the real reasons why you had to flee?
But you need the support of a lawyer or a counseling center! Please do not simply go to the BAMF alone and file an application, get advice beforehand.

Protection from deportation due to serious illness Section 60 (7) of the Residence Act

If you are very seriously physically or mentally ill, deportation is a great danger to your life. That is why you need protection from deportation.
The immigration authorities believe that you are healthy. You have to prove that you are ill. But the immigration authorities do not accept many proofs of your illness. A special medical certificate is required for this. This takes time. Especially in the case of mental illnesses, you must also be aware of long waiting times. It is even more difficult to get treatment if you have a medical treatment certificate [Kranken-Behandlungs-Schein] from the social welfare office.
All in all, it is not easy to provide the necessary evidence of a serious illness to the immigration authorities. If you have it, you must show it to the immigration office within 2 weeks.
Please show your doctor this information for the special medial certificate to proof your illness to the immigration office: