Right of Residency

Chances on the right of residence?

There are many possibilities to get a residency permit when you are on hold.

Important to know is that

• the identity is clear, best with an I.D. card
• no big crimes were committed

Every case is different. You will need consultation help or from lawyers that know the migration laws very well. They must check your case thoroughly to know which chances you have.

Often it is very helpful if you work, or if you are socially engaged and know many people who would support you. That is called “good integration”.

That is your first overview of the chances there are out there. There’s not automatically a residency, you must apply for it first and bring a lot of evidence. Only then it’s certain you got it, only if you get a positive answer for the request.

Good integration: § 25a and §25b Law of Residency

• Residence after 3 years in Germany for people between 14 and 27 years old. Here the kids must go to school, and they don’t repeat any courses.
• Or residency after 4 years for adults with children or residency after 6 years for childless adults. Especially important is that the parents work.

Chancen-Aufenthalt / Opportunity Residence Act

• You must have been living in Germany since 01.11.2018 or longer and have a Duldung / Tolerated Stay
• You first get the residence title and then have to obtain a passport, find work and learn German within 18 months.

Protection against deportation with Tolerated Stay because of education or employment.

Here you can find audio in different languages with more information on it:

• Infos zur Beschäftigungs-Duldung: bbonlink.de/beschdt
• Infos zur Ausbildungs-Duldung bbonlink.de/ausbildungdt

Residence through Hardship Case Commission:

Here you can find a brochure in 11 languages with more information: bbonlink.de/hfk2

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.
• 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.
• If you have a serious illness and have doctor’s letters, a follow-up application may also make sense.
• 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.