The Higher Administrative Court (OVG) of Lower Saxony addressed precisely this question in a recent ruling. The decision is of great importance to many affected parties because it shows what is possible under Section 25b of the Residence Act —and what is not.
Who is eligible under Section 25b of the Residence Act?
Section 25b of the Residence Act is a so-called right of residence regulation. It is aimed at people who have been living in Germany for many years – often with a Tolerance permit or a temporary residence permit pursuant to Section 104c of the Residence Act – and who have demonstrably integrated during this time. The aim of the regulation is to give long-term tolerated persons a permanent perspective in Germany.
The most important requirements include, among others:
- A multi-year stay in Germany with a Tolerance permit, a temporary residence permit, or a residence permit (usually six years, four years with minor children)
- a secure livelihood or a positive outlook for the future,
- sufficient knowledge of German (at least A2 level),
- as well as basic knowledge of the legal and social order in Germany, usually demonstrated by passing the "Life in Germany" test.
The right of residence stipulates that individual requirements may be relaxed if they cannot be met due to illness, disability, or age. Section 25b of the Residence Act also contains such an exemption clause.
According to Section 25b (3) of the Residence Act, the following may be waived for health reasons:
- the predominant means of securing one's livelihood and
- sufficient knowledge of German.
However, not all requirements fall under this exception. And this is precisely where the court's decision comes in.
The case: Residence permit denied
The decisive case concerned a woman who had been living in Germany for several years. Her residence permit had expired. The responsible Foreigners' office to extend it. At the same time, the authority issued a deportation order and a ban on entry and residence.
The person concerned challenged this decision in court, citing Section 25b of the Residence Act. She argued that she was unable to meet all the requirements due to her illness.
She suffers from mental illnesses that severely impair her ability to concentrate and learn. For this reason, she is unable to complete an integration course and demonstrate her knowledge of the German legal and social system.
At the same time, she made it clear that she was nevertheless well integrated in Germany. As proof, she cited her regular volunteer work at a church institution. This commitment showed that she was integrated into society and had actively sought to integrate.
No exceptions for legal and social studies
In its ruling, the court explains which requirements must be met for Section 25b of the Residence Act.
It makes it clear that illness can be taken into account, but does not replace all evidence of integration. Above all, knowledge of the legal and social order is still required.
This means that anyone who wishes to apply for a residence permit under Section 25b of the Residence Act must prove that they have a basic knowledge of life in Germany. This includes:
- how the state is structured,
- which fundamental rights apply,
- and what basic rules shape coexistence in Germany.
In the opinion of the court , it is not possible to waive this requirement on grounds of illness or to replace it with other integration measures.
Why this knowledge is so important for the right of residence
The court emphasized that knowledge of the legal and social order is an important part of sustainable integration. It shows that a person understands how life in Germany works and what rules apply.
This knowledge is important for coping independently in everyday life—for example, when dealing with authorities, at work, or when living with other people.
The court therefore clarifies that long-term residence, gainful employment, health restrictions, or voluntary work cannot automatically compensate for a lack of knowledge of the legal and social order.
Anyone who wishes to obtain a residence permit in accordance with Section 25b of the Residence Act must provide evidence of this knowledge – usually by successfully completing the "Life in Germany" test or by obtaining a German school or vocational qualification.
There may be exceptions to this rule. However, illness alone is not sufficient grounds for waiving this requirement.
Exceptions remain possible—but only in special situations.
At the same time, the court made it clear that even in the case of Section 25b of the Residence Act, there may be exceptions in rare cases, even without proof of knowledge of the German legal system.
However, these exceptions only apply if a person is exceptionally well integrated and has achieved significantly more than is usually expected.
In such cases, the Foreigners' office conducts Foreigners' office so-called overall assessment. This means that it does not consider just one aspect, but rather the entire life situation of the person concerned in Germany. Among other things, the following may be taken into account:
- the length of stay,
- Work or education,
- family ties,
- social commitment,
- Language skills,
- as well as previous conduct toward authorities.
Individual integration efforts are generally not sufficient. Although volunteer work can be viewed positively, it must be particularly intensive, long-term, and outstanding in order to compensate for a lack of evidence of integration.
Conclusion
The ruling clarifies the conditions under which exceptions to Section 25b of the Residence Act may be considered—and where the legal limits lie.
In principle, the following applies:
To obtain a residence permit under Section 25b of the Residence Act, applicants must meet the requirements regarding language skills, means of subsistence, and knowledge of living conditions in Germany. Exceptions are possible, but they are strictly limited and subject to strict conditions.
Exceptions pursuant to Section 25b (3) of the Residence Act
Individual requirements may be waived if they cannot be met due to illness, disability, or age. However, this applies exclusively to:
- the predominant means of securing one's livelihood and
- sufficient knowledge of German.
There are no exceptions when it comes to knowledge of the legal and social order. These are considered an essential part of sustainable integration.
Exceptions in cases of exceptional integration
Even if individual requirements are not met, Section 25b of the Residence Act may still be applied in rare cases. However, this is subject to the condition that the person concerned is exceptionally well integrated.
In doing so, the Foreigners' office considers the overall living situation in Germany. Individual positive aspects—for example, temporary voluntary work—are generally not sufficient.
Illness as an exception – only under strict conditions
Health restrictions may play a role in the assessment, but are examined particularly strictly. As proof, the Foreigners' office requires:
- Current and meaningful medical certificates
- specific information on the type, duration, and severity of the illness
- a comprehensible explanation of why certain integration requirements cannot be met on a permanent basis
Section 25b of the Residence Act opens up opportunities for a right of residence —however, exceptions are strictly limited and are subject to rigorous scrutiny.
