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Since its introduction in 2023, Germany’s Opportunity Residence Act has granted over 82,000 people with a suspended deportation order a path to legal status. A new government plan will tighten this scheme, but hope remains, reports Femi Awoniyi.
Since January 2023, the Opportunity Residence Act (Chancen-Aufenthaltsrecht) has enabled individuals with a Duldung (tolerated stay) to receive an 18-month temporary residence permit, offering them a chance to fulfil requirements for a more permanent status.
To qualify, applicants must have had a Duldung for at least five years by 31 October 2022. According to the Federal Office for Migration and Refugees (BAMF), over 82,000 people have already benefitted from the regulation, while approximately 137,000 individuals were originally eligible.
The existing scheme will expire at the end of 2025. With a new CDU/CSU-SPD coalition government set to take office, the law’s future is being redefined. While the current regulation will end, the incoming government has agreed to implement a new, albeit more restrictive version.
New Scheme: Tighter Rules, New Cut-Off Date
Under the updated framework, a new temporary residence permit will be offered to persons with Duldung status who meet stricter conditions. These include:
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At least four years of continuous residence in Germany by 31 December 2024
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A verified identity
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Proven integration, including one year of employment
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Sufficient German language skills
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Financial independence (not receiving social welfare)
This marks a shift from the broader eligibility of the previous law to a more selective and performance-based model.
Political Compromise: Stricter Yet Sustained
The CDU/CSU, known for its stricter migration stance, prevailed in tightening eligibility conditions. However, the SPD was able to negotiate the continuation of a legal pathway, albeit for a smaller group that will qualify for it.
The new arrangement reflects a political compromise: balancing immigration control and security concerns with integration and humanitarian considerations.
For many living with Duldung, the reformed regulation offers a renewed chance for legal stability, though under more challenging conditions. Those who qualify may still apply for the 18-month permit, using it as a stepping stone towards permanent residency.
However, applicants must be aware of broader tightening migration policies by the new government, including:
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Expanded detention capacity for those facing deportation
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Suspension of family reunification for certain categories of refugees
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Expansion of the “safe countries” list, increasing the risk of deportation
Due to these changes, individuals are strongly advised to seek legal support, gather documentation and begin fulfilling the new requirements as early as possible.
A Path Forward, With Conditions
The Chancen-Aufenthaltsrecht has played a crucial role in providing a structured pathway for individuals with a suspended deportation order to integrate into German society. While the upcoming changes signal a more restrictive approach, they also preserve a narrow pathway for regularisation for those who are demonstrably integrated.
As Germany recalibrates its migration policy, those affected must stay informed, seek professional guidance, and prepare to navigate the new rules to secure their future.
