Background: What is the opportunity stay?
The right of residence on the basis of Section 104c AufenthG is a temporary Residence permit that was introduced at the end of 2022. It is aimed at people who have been tolerated for many years and is intended to enable them to meet the requirements for a permanent Residence permit within a fixed period of time.
The residence permit is granted once for 18 months and cannot be extended. During this time, those affected should fulfill the conditions for a right of residence in accordance with Section 25a AufenthG (well-integrated young people and young adults) or Section 25b AufenthG (sustainably integrated adults and families).
As Section 104c of the Residence Act was created as a one-off transitional solution, the option to submit applications will end permanently on December 30, 2025. However, all applications submitted by this deadline will continue to be processed after December 31, 2025.
Who can apply for the opportunity stay?
In addition to the Tolerance permit , several legal requirements must be met in order to obtain an opportunity residence permit in accordance with Section 104c AufenthG.
The most important condition: Applicants must have lived in Germany continuously for at least five years by the deadline of October 31, 2022.
What counts is not which Residence permit they had during this time, but the actual period of residence. Periods with a Tolerance permit, a temporary residence permit or a residence permit are recognized. Shorter interruptions - for example due to short departures or changes of residence ordered by the authorities - may be relevant in individual cases and should be documented.
In addition, applicants must declare their commitment to the free democratic basic order and must not have committed any serious criminal offenses. Likewise, they must not have deliberately made false statements about their identity or attempted to deceive in the past.
One major advantage is that the nuclear family living together with the applicant can also receive the residence permit - even if they have been in Germany for less than five years. In this way, the legislator wanted to prevent families from being separated by the regulation
Change to legal Residence permit
The Opportunity Residence is intended to give long-term tolerated persons the opportunity to switch to a permanent Residence permit in accordance with Section 25a AufenthG or Section 25b AufenthG within 18 months.
Depending on which of the two Residence permit is in question, different requirements must be met during this period.
Requirements for § 25a AufenthG
Adolescents and young adults can receive a residence permit in accordance with § 25a AufenthG under certain conditions. The most important requirements are
- Age: Application before the age of 27
- Duration of residence: At least 3 years of uninterrupted residence in Germany with a Tolerance permit, residence permit or residence authorization.
- School or training: Successful school attendance in Germany (at least 3 years), or a recognized school certificate, or completed or started vocational training or studies in Germany
- Livelihood: The livelihood must be predominantly secured or at least realistically secured
- Exemption from punishment: No significant criminal offenses (common petty offenses are not automatically a reason for exclusion)
- No false information on identity: the obligations to cooperate must be fulfilled; identity should be clarified
Requirements for § 25b AufenthG
§ Section 25b AufenthG is aimed at adults and families who have been living in Germany for a long time and are integrated. The most important requirements:
- Residence in Germany: As a rule, at least 6 years of uninterrupted residence in Germany with a Tolerance permit, residence permit or residence authorization. Or at least four years of residence if underage children live in the household.
- Commitment to the free and democratic basic order
- Assured identity: The identity must be clarified or demonstrably clarifiable
- Language skills: Proof of sufficient German language skills, generally at least at level A2.
- Livelihood: The livelihood should be secured predominantly (at least 50 percent) through work - full security is not always mandatory. In the case of families, the joint contribution can also be taken into account.
- Impunity: No significant criminal offenses.
- Obligation to cooperate fulfilled: Applicants must cooperate in the Clarification of identity and passport procurement.
- No deception about identity or nationality
- Successful "Living in Germany" test (alternatively general school-leaving certificate in Germany)
Anyone who does not meet the requirements for § 25a AufenthG or § 25b AufenthG will revert to the Tolerance permit after the 18 months have expired - unless another Residence permit is possible.
What rights does the opportunity stay bring?
During the 18 months, there are important improvements for holders of the opportunity stay:
Access to the labor market: Work is permitted without restrictions - whether self-employed, temporary or permanent. Approval from the Federal Employment Agency is no longer necessary. Section 104c thus differs significantly from many forms of toleration.
Social benefits: Persons with a residence permit no longer fall under the Asylum Seekers Benefits Act, but are entitled to citizen's allowance or social assistance. In order to be granted the title, it is not necessary to secure their livelihood.
Freedom to travel: With a valid national passport, travel within the Schengen area and to the country of origin is possible. However, re-entry to Germany must take place within six months, otherwise the title expires.
Recognition of periods of residence: The 18 months count as legal residence and are fully taken into account for later applications - for example for a Settlement permit or Naturalization - are taken into account.
Why does the scheme end in 2025?
§ Section 104c of the Residence Act was created as a one-off transitional right. The aim was to transfer long-term tolerated persons to a stable residence status and at the same time reduce the number of chain tolerations. The federal government has therefore limited the application period to the end of 2022 to the end of 2025.
Applications are excluded from January 1, 2026. However, anyone who submits their application by December 30, 2025, will have the opportunity to switch from the Tolerance permit to the Opportunity stay.
What should those affected do now?
Persons with a Tolerance permit should check promptly whether they meet the requirements for the opportunity to stay. As procedural practice differs between the federal states, individual advice can be helpful. Information and advice can be obtained from
- Migration advice centers
- Refugee councils of the federal states
- Specialist lawyers for migration law
- The Citizens' Service of the Commissioner for Migration and Integration
Conclusion
The Right of Residence Opportunity gives long-term tolerated persons the opportunity to obtain legal residence within a clearly defined time frame. As the transitional regulation expires in just a few weeks, those affected should check at an early stage whether an application is sensible and possible. For many people, Section 104c AufenthG can facilitate the path to a permanent, secure life in Germany.
