New Opportunity for 82,000 Foreign Nationals: Trial Residence Permits Introduced

A recent legislative change in Germany presents a significant opportunity for foreign nationals who have been granted temporary tolerance status. Since the introduction of the Chance Residence Law, over 82,000 individuals facing deportation have gained a potential path to permanent residency.

The Chance Residence Law, which came into effect on December 31, 2022, is set to expire at the end of this year. As of February 28, 2025, the German government reported that 82,474 individuals had their residence permits recorded in the Central Foreigners Register. This law applies to individuals who have resided in Germany for at least five years as of October 31, 2022, under tolerated, permitted, or legal residency statuses.

Under this law, eligible individuals, along with their families, can obtain a provisional residence permit for 18 months. This provision primarily targets individuals who are required to leave Germany but cannot be deported for specific reasons, such as lacking identification documents or health issues. It is important to note that the Chance Residence Law does not apply to those with criminal records or individuals who have deliberately provided false information regarding their identity, hindering their deportation.

At the conclusion of the 18-month trial period, individuals may qualify for permanent residency if they can demonstrate financial self-sufficiency, possess adequate German language skills, maintain a clean criminal record, and have clarified their identity. The Interior Ministry indicated that among the successful applicants for the Chance Residence, there are approximately 5,970 individuals who previously held tolerance status due to unresolved identity issues.

The Alternative for Germany (AfD) party is advocating for the immediate termination of the Chance Residence Law. AfD representative Sebastian Münzenmaier argues that the Union must take decisive action regarding migration policy by ending the Chance Residence Law, which he believes unjustly offers residency to individuals who have obstructed their deportation through misinformation.

Within the coalition agreement of the CDU, CSU, and SPD, it is stated that for tolerated foreign nationals with clarified identities who are well integrated, possess sufficient German language skills, and have been financially self-sufficient through employment for at least one year, a temporary residence permit will be established. This new regulation is expected to impose stricter requirements compared to the Chance Residence Law and will align with existing residency regulations.

Political figures, such as Alexander Throm from the CDU, have emphasized that the new temporary residency rights are distinct from the previous Chance Residence Law. He reiterated that the Chance Residence Law will not be extended and that only well-integrated individuals who have disclosed their identities and adhered to legal requirements will be eligible for the forthcoming limited residency rights.