Chancen-Aufenthaltsrecht

- General Information

- Who is it for?

- How does it work?

- What do I have to do/prove?

- What are the benefits?

- How do I apply?

General Information

The Chancen-Aufenthaltsrecht, also known as the Chancenbleiberecht, is for foreigners in Germany who have Duldung, tolerance status and have not yet attained a legal stay. This is to enable this group of people to come out of the constant Duldung renewal cycle.

The Chancen-Aufenthaltsrecht has been effective since the 31.12.2022 and is stated in § 104 c of the German Residence Law (Aufenthaltsgesetz).

Who is it for?

A foreigner who is tolerated, permitted, or has a residence permit basis and has resided in the territory of the Federal Republic of Germany for an uninterrupted period of five years by the 31st of October 2022. The said person must have committed to the free democratic basic order of the Federal Republic of Germany and not been convicted of an intentional criminal offense. Whereby fines totaling up to 50 daily rates or up to 90 daily rates for criminal offenses that can only be committed by foreigners under the Residence Act or the Asylum Act, or convictions under juvenile criminal law that do not result in a juvenile sentence, are generally not taken into consideration.

How does it work?

The eligible person through this new law can apply for a residence permit for 18 months in the first instance. If this person makes use of this opportunity and fulfills the further requirements (see below), they will be given the permanent residence.

What do I have to do/prove after the 18 months?

- A2 German proficiency

- Ability to support oneself financially

- Verify your identity

If after the 18 months you cannot fulfill any of the above mentioned requirements, the tolerance status will be reinstated.

What are the benefits?

- You can work, be it as an employee or self-employed.

- Restriction on where you can stay will be lifted, meaning you are free to move anywhere within the country.

- You can travel in and out of the country.

- Social benefits such as Bürgergeld, Jobcenter services, Arbeitslosengeld etc are available, if required conditions are met.

- You can work towards Niederlassungserlaubnis/Settlement permit and have your family join you.

- People under 27 years of age can apply after staying in Germany for 3 years, if only they are well integrated.

- Family members of eligible people can be covered if only they live in the same household.

How do I apply?

You can apply at the Immigration office/Ausländerbehörde close to you.