The right of residence for opportunities (Section 104c of the Residence Act) was valid from December 31, 2022, to December 31, 2025, and gave persons with temporary suspension of deportation the opportunity to obtain a permanent residence permit. The following explains which provisions continue to apply after the expiry of the right of residence for opportunities, what options are available to those affected, and how the regulation can be assessed in retrospect.
Transitional arrangements after the expiry of the right of residence for opportunities
The right of residence for opportunities expired at the end of 2025. However, applications submitted by December 30, 2025, at the latest will still be processed after this date. In these cases, the right of residence for opportunities can still be granted with a validity period of 18 months.
Residence permits that have already been granted will also remain valid until their respective expiry date and will continue to be considered lawful residence on humanitarian grounds during this period.
For persons with a right of residence based on opportunity, the transition to a permanent right of residence under Section 25a or Section 25b of the Residence Act will remain facilitated until July 1, 2027. During this period, a direct change is possible without renewed tolerated status, certain periods of residence are credited, and facilitations continue to apply with regard to the clarification of identity. Applications under Section 25a or Section 25b can be submitted until June 30, 2027. During the examination of these applications, the residence will also continue to be considered permitted.
The right of residence for opportunities expired at the end of 2025. However, applications submitted by December 30, 2025, at the latest will still be processed after this date. In these cases, the right of residence for opportunities can still be granted with a validity period of 18 months.
Residence permits that have already been granted will also remain valid until their respective expiry date and will continue to be considered lawful residence on humanitarian grounds during this period.
For persons with a right of residence based on opportunity, the transition to a permanent right of residence under Section 25a or Section 25b of the Residence Act will remain facilitated until July 1, 2027. During this period, a direct change is possible without renewed tolerated status, certain periods of residence are credited, and facilitations continue to apply with regard to the clarification of identity. Applications under Section 25a or Section 25b can be submitted until June 30, 2027. During the examination of these applications, residence will also continue to be considered permitted.
Impact and assessment of the right of residence for opportunities
From the perspective of counseling centers and civil society actors, the right of residence for opportunity has proven to be an important impetus for integration policy. Evaluations and experiences, such as those compiled by the Saxony-Anhalt Refugee Council, show that the regulation has opened up concrete prospects for many people who have been tolerated for many years. The temporary residence permit provided planning security and enabled people to take steps towards employment, language skills, and stable living conditions.
According to the Mediendienst Integration, by the end of November 2025, around 88,300 people required to leave the country had been granted a residence permit under the Opportunity Residence Act, and around 27,000 of them had already successfully switched to a follow-up residence permit. At the same time, an analysis by the Federal Office for Migration and Refugees shows that the use of this right varied significantly depending on the federal state. While in Saarland only about one-third of those potentially eligible had received a residence permit under Section 104c of the Residence Act by the beginning of September 2024, in Brandenburg the figure was over 80% at that time.
The results were also positive in Saxony-Anhalt. According to information from the Saxony-Anhalt Refugee Council, around 1,630 people had received a residence permit under Section 104c of the Residence Act by the end of 2024. 166 people (as of the end of 2024) were subsequently able to switch to a permanent right of residence, which is a high result compared to the rest of Germany.
Against the backdrop of approximately 4,700 tolerated persons in Saxony-Anhalt (as of the end of 2024), the right of residence based on opportunity made it possible for some of those affected to actually change their status and can therefore be considered a partial success. In practice, the main challenges were clarifying identity and the limited period of 18 months to fulfill the numerous requirements. Those who were able to fulfill one or more requirements before submitting their application benefited most from this.
Overall, the right of residence for opportunities has given many people a real prospect of staying and greater independence, but at the same time has highlighted structural hurdles in the transition to a permanent right of residence. The fact that only some of those eligible to apply in Saxony-Anhalt have been able to take this step so far underscores, in the view of the Refugee Council, the need for further development of such regulations.
General conditions for the right of residence for opportunities
Until December 30, 2025, individuals who met the following requirements could apply for the right of residence based on opportunity:
- At least five years of uninterrupted residence in Germany as of October 31, 2022.
- During this period, the persons concerned had to have been permanently permitted, tolerated, or in possession of a residence permit.
- A commitment to the free democratic basic order and no intentional criminality.
- Active cooperation in clarifying their identity and no repeated false statements about their person or origin.
The opportunity residence permit provided for the granting of a one-time residence permit for a period of 18 months. This period served to fulfill the requirements for a permanent right of residence, in particular through the acquisition of German language skills, the clarification of identity, and the securing of a livelihood. The required language skills could be demonstrated, among other things, by completing German school or vocational training, by obtaining a language certificate, or by means of so-called language proficiency assessments by the Landesverband der Volkshochschulen Sachsen-Anhalt e.V. (State Association of Adult Education Centers of Saxony-Anhalt).
The residence permit could also be transferred to the applicant's immediate family under the Opportunity Residence Permit. People without employment received a work permit and were entitled to social benefits under SGB II ("citizen's income").
Further information:
The full text of the law introducing the right of residence for opportunities can be found in the Federal Gazette.
Further information on the opportunity residence permit can be found on the official portal of the Federal Government Commissioner for Integration.
The CAST project – Opportunity Residence in Saxony-Anhalt of the Saxony-Anhalt Refugee Council supports people with tolerated status by providing advice and assistance in clarifying their options for right of residence and application procedures. A particular focus is on opportunities to remain in Germany via the right of residence for opportunities. In addition, the project offers comprehensive information materials, training opportunities, expert exchanges, and case coaching for those interested and active in the field of right of residence, e.g., specialist advisory services and authorities. With these measures, the project aims to create better long-term prospects for migrants to remain in Germany.