What the SPD Wants to Change Regarding the Right to Stay
On November 10, 2026, the SPD adopted a position paper. In it, the party calls for people with protected status to be able to remain in Germany even after their current protected status expires. The requirement is that they have a job, are enrolled in vocational training, or meet other criteria.
What has been the case so far?
As a rule, refugees in Germany are granted temporary Residence permit, for example, as recognized refugees, persons entitled to asylum, or persons entitled to subsidiary protection. They are granted this protection, for instance, because there is a war in their country of origin or because they face the threat of persecution.
If the situation in the country of origin changes, the Federal Office for Migration and Refugees (BAMF) may review whether protection is still necessary. If the original grounds for protection no longer exist, the BAMF may revoke the protection status. This may also affect people who have been living in Germany for many years, are well-integrated, and are employed.
What does the SPD want to change?
The SPD is calling for the right of residence under Sections 25a and 25b of the Residence Act to be expanded. Currently, this right applies only to well-integrated individuals with a Tolerance permit.
According to the SPD, however, refugees with certain humanitarian residence permits should also be able to use these rules to obtain a right of residence that is no longer contingent on their previous protection status.
The proposal covers four groups that would be eligible to transition to a secure right of residence:
The first group consists of refugees who have a job subject to social security contributions and are largely able to support themselves. The regulation is also intended to apply to employees who are not skilled workers.
The second group includes apprentices, students, and people participating in a program to prepare for an apprenticeship. They should be able to obtain a right of residence even if they still need government assistance to make ends meet.
Students, too, should be given the opportunity to stay. The prerequisite for this should be that they have good prospects of graduating from school and integrating successfully.
The fourth group consists of people in special circumstances. This includes, for example, people who care for young children or family members and are therefore unable to fully support themselves.
Who could benefit from this?
The proposal could affect several hundred thousand refugees with humanitarian residence permits, particularly those from Syria and Ukraine.
In particular, many people from Syria are living in Germany with temporary protection status. However, following the fall of the Assad regime in December 2024 , the BAMF has since been reviewing more frequently whether their protection status is still necessary.
Under the SPD's plans, Syrians who are working, pursuing vocational training, or meeting other specified requirements could be granted the right to remain even if their protection status expires.
The proposal could also offer long-term prospects for refugees from Ukraine. Their temporary protection under Section 24 of the Residence Act is also time-limited. Those who meet the requirements for the right to remain called for by the SPD could stay in Germany even after this protection ends.
The coalition agreement currently calls for stricter rules
The SPD's demand is also significant because, together with the CDU/CSU, it forms the current federal government and thus has influence over German immigration policy.
In fact, the CDU/CSU and SPD have already agreed in their coalition agreement to grant working refugees the right to remain. However, the provision is intended to apply to significantly fewer people.
The plan is to introduce a temporary residence permit ( Residence permit ) for well-integrated individuals with temporary residence status. To qualify, they must, among other things, have their identity verified and possess sufficient German language skills. In addition, they must comply with the law and have been earning the majority of their livelihood through employment subject to social security contributions for at least one year.
However, this provision is intended to apply only to individuals with temporary residence status who, as of December 31, 2024, have already been living in Germany for at least four years without interruption.
Conclusion: What does the proposal mean for refugees?
The SPD is calling for a right of residence for refugees who are employed or enrolled in vocational training, which would apply regardless of their current protection status. However, it remains to be seen whether and when this demand will be implemented. A draft bill has not yet been introduced. For those affected, therefore, nothing will change for the time being.
But even today, the following applies: Successful professional and social integration can have a positive impact on your right to remain in Germany. Be sure to check the validity of your residence permit and pay attention to deadlines in correspondence from the authorities. Keep all documentation regarding your employment, education, schooling, and language skills in a safe place. An advisory center or an attorney specializing in immigration law can help you explore the options you have right now to secure your long-term residency.
