Since the Opportunity Right of Residency law (Chancen-Aufenthaltsrecht – sometimes called the Opportunity Residence Act) came into force on December 31, 2022, at least 49,000 migrants have submitted an application for a new residence permit, a survey by Integration Media Service (Mediendienst Integration) has found. So far around 17,000 of those applications have been approved and about 2,100 rejected.

Thousands more claims were being processed at the time of the survey, the German news agency dpa reported. The high workload has led to complaints from municipal immigration authorities, already under strain as a result of an increase in the number of refugees and asylum seekers and a number of other immigration reforms.

The federal government estimated that around 98,000 people would apply for the residence permit under the act. It also anticipated that around 33,000 people would get permanent residence through the new measure.

New opportunity 

The law gives foreigners with temporary tolerated stay permits ('Duldung') who arrived in Germany before October 31, 2017 the opportunity to receive a kind of probationary residence permit for 18 months in order to fulfil the requirements for permanent residence. During this year-and-a-half they are granted legal status and access to the labor market.

At the end of the 18 months, those who are financially independent, have a basic knowledge of German and can provide proof of identity can receive permanent residence – although an application has to be made before the 18 months are over, as the Chancen-Aufenthaltsrecht itself cannot be extended.

People who have been convicted of a crime in Germany or repeatedly lied (two or more times) to authorities about their identity are not eligible for residency.

The act has been criticized for limiting the opportunity to gain residence to certain migrants and refugees, while excluding others, such as those who have minor criminal convictions or who have failed to obtain proof of identity documents. 

Pro-migrant groups have also argued that the residence permit under the law should have been extended to three years, to give people enough time to establish their lives and prospects for a future in Germany.

Regional differences

At the end of 2022, there were around 248,000 people in Germany with 'Duldung' status, according to government figures. 137,000 of these had been living in Germany for the requisite five-year period. This means that more than one in three of those who are eligible has submitted an application under the new law.

However, the survey showed that the numbers applying for the permits are different in different states: in Berlin and Bavaria about 58% of those eligible have applied, but in North Rhine-Westphalia (NRW), Germany’s most populous state, only about one third had done so. The rate of rejection was relatively low across the board, the survey found, at about four percent in NRW and six percent in Bavaria and Lower Saxony.

According to the Integration Media Service, immigration experts said this might have to do with the way in which local authorities provide information about the law.

There is more information about the law, including how and where to apply, here and also here.