Motion from Schleswig-Holstein: Secure right of residence after three years?
Many people with a Tolerance permit have been living in Germany for years. Some of them work or are in training. Others fail due to the uncertain legal situation. The reason: a Tolerance permit not a Residence permit and does not offer any firm prospect of remaining in the country. This leads to uncertainty not only for those who have been granted tolerance, but also for employers who do not know whether an employee will be allowed to stay in the long term.
This is precisely the point addressed by the motion that Schleswig-Holstein will table in the Bundesrat tomorrow. In it, the state government demands that the right of residence for well-integrated tolerated persons announced in the coalition agreement be implemented more quickly and, at the same time, adapted.
An important point in the motion concerns the length of stay. In future, three years of residence in Germany should be sufficient to obtain Tolerance permit secure right of residence with a Tolerance permit . The prerequisite is that the person concerned has been working in a job subject to social insurance contributions for at least one year.
In addition, further conditions must be met. These include a clarified identity, no serious criminal offenses, and demonstrable integration efforts, such as language skills or social engagement. The aim is to give people who have already established themselves and are working a legally secure future at an earlier stage.
Another point in the motion concerns the duration of the planned regulation. Instead of expiring at the end of 2027 (as proposed by the federal government), it should remain in force until December 31, 2029. Schleswig-Holstein justifies this with the delays in implementation to date and the resulting uncertainty for those affected and businesses.
Background: Federal government plans Residence permit tolerated persons with work
The federal government has already agreed on a similar plan in the coalition agreement, but has not yet implemented it. It provides Residence permit a temporary Residence permit tolerated foreigners if:
- they are well integrated and have sufficient German language skills,
- they have been in employment subject to social insurance contributions for twelve months and thus earn most of their living,
- their identity has been clarified,
- they have not committed any crimes
- they have been residing in Germany continuously for at least four years as of December 31, 2024,
- and do not yet meet the requirements of Section 25a and Section 25b of the Residence Act (AufenthG) (residence in cases of good integration).
In short: Schleswig-Holstein supports the federal government's plan, but wants to lower the hurdles (3 instead of 4 years of residence) and extend the term (until the end of 2029 instead of the end of 2027).
Why the current regulations for tolerated persons are largely ineffective
In its justification for the motion, Schleswig-Holstein explains that the current rules for tolerated persons are largely ineffective in practice. According to the latest figures, 187,542 people were living in Germany with a Tolerance permit in September 2025.
However , only 2,904 of them had a training permit and 1,376 had an employment permit. In total, less than 2.3 percent of those with temporary leave to remain took advantage of these opportunities.
According to the state government, this is primarily due to the high and complicated requirements. Added to this is a lack of legal certainty for employers.
Companies are often unable to assess with certainty whether an employee or trainee will be allowed to remain or will be deported at short notice. This uncertainty prevents many companies from hiring or training tolerated persons.
Schleswig-Holstein is therefore calling for a fundamental review and further development of the regulations on temporary residence permits for educational purposes (Section 60c of the Residence Act) and temporary residence permits for employment purposes (Section 60d of the Residence Act). In future, when deciding on a right of residence, greater consideration should be given to whether a person is working or undergoing training.
Tolerated immigrants to help with skilled labor shortage
A key motive behind the proposal from Schleswig-Holstein is the ongoing shortage of skilled workers and labor in Germany. The trades, nursing, logistics, and the hotel and restaurant industry are particularly affected. Many positions remain unfilled in these sectors.
Schleswig-Holstein argues that tolerated refugees who work or are in training can be part of the solution. Deportations despite work or training, on the other hand, lead to personal hardship. They also exacerbate labor shortages and cause additional costs for companies and authorities.
Trade unions and businesses share the demand for greater legal certainty. At the same time, they emphasize thatimproved right of residence must go hand in hand with fair working conditions.
Refugees should not be used as cheap labor, but should have the same rights and standards of protection as other employees. A reliable right of residence can strengthen integration, prevent exploitation, and counteract the shortage of skilled workers in the long term.
SPD calls for secure right of residence for tolerated persons with jobs
Similar demands have also been discussed at the federal level for several weeks. At the beginning of January 2026, the SPD parliamentary group in the Bundestag spoke out in favor of granting well-integrated refugees with jobs or training the right to remain in Germany.
In this context, parliamentary group leader Matthias Miersch also referred to the shortage of skilled workers. He described it as "absurd" to deport people who are working or training in Germany.
Federal Labor Minister Bärbel Bas (SPD) also recently called for better opportunities for young refugees to remain in Germany after completing their training. Companies invest a lot of money and time in training, but need more planning security, according to Bas. Without the prospect of staying, many refugees would have little chance of even getting a training place.
Bas emphasizes that "the wrong people must not be deported." Those who are integrated and have a job or training place must also be allowed to stay. According to Bas , discussions are already underway within the federal government to improve the right of residence.
What does the debate mean for people with Tolerance permit?
Important: Tomorrow's deliberations in the Bundesrat will not yet lead to a change in the law. If the Bundesrat approves the motion from Schleswig-Holstein, it will first be forwarded to the federal government as an initiative.
In the next step, the federal government must draft a bill. Such a draft will first be agreed upon within the federal government and then submitted to the Bundestag. There, the legislative process begins with several consultations.
After deliberations, the Bundestag decides on the draft law. If a majority is found, the law is passed. The Bundesrat must then deal with the law again. Only when the law is published in the Federal Law Gazette do the new regulations come into force.
For individuals with a Tolerance permit , this Tolerance permit even if the Bundesrat approves the bill, rapid implementation is not to be expected. Whether and when a change in the law will occur depends on further political will and the course of deliberations in the Bundestag.
For tolerated refugees with jobs or training, however, the debate sends an important signal. In the future , work, training, and integration could play a greater role than before in determining whether they are allowed to stay.
