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Between tolerated stay and right to stay: What are the effects of the Opportunity Residence Permit, and for whom? ,
Source: © BAMF
The BAMF Brief Analysis 3|2025 examines issuance patterns and effects of the Opportunity Residence Act (§ 104c AufenthG). This regulation came into force at the end of 2022 for a period of three years, granting long-term tolerated individuals an 18-month provisional right of residence. This Brief Analysis offers an initial interim assessment of this regulation, which remains unique in Germany to date.
The Opportunity Residence Act aims at reducing the number of individuals who have been tolerated for many years and at incentivizing labour market integration and identity clarification. During the 18-month "probationary stay", it is possible to meet the requirements for a longer-term residence permit. Based on comprehensive data from the German Central Register of Foreign Nationals of September 2024, the analysis examines the following questions: To what extent, and for whom, has the Opportunity Residence Permit been issued so far? Does it contribute to identity clarification and regularisation as intended? The Brief Analysis was produced as part of the research project "Feasibility Study on the im-/mobility of people obliged to leave the country in Germany (MIMAP)".
Key results
Approximately half of those entitled receive an Opportunity Residence Permit
By October 31, 2022, the cut-off date of the regulation, around 137,000 individuals with a tolerated stay had been living in Germany for at least five years, making them eligible for the Opportunity Residence Permit. In the first one and a half years after the regulation came into force, more than 76,000 individuals have already been granted this new permit.
No systematic inequalities in permit issuance
The new permit is granted without systematic barriers: The Opportunity Residence Permit is issued to men and women at a similar rate. Likewise, age and family status have no impact on issuance.
More identity clarification with the Opportunity Residence Permit
Identity clarification is not required to obtain an Opportunity Residence Permit. Proof of identity is only mandatory once individuals transfer from the Opportunity Residence Permit to a longer-term residence permit, in addition to other requirements. The Brief Analysis shows a significantly higher rate of identity clarification among holders of an Opportunity Residence Permit compared to potentially entitled tolerated individuals with an unresolved identity who have not (yet) received the permit.
Preliminary conclusion: higher likelihood of short-term regularisation, long-term impact yet to be determined
The Opportunity Residence Act increases the likelihood that long-term tolerated individuals receive a residence permit – at least a temporary one. However, current data only allows for provisional insights into whether the regulation also helps to regularise residence in the longer term: So far, 15 per cent have transitioned from the Opportunity Residence Permit to a longer-term residence permit. In contrast, 2.5 per cent reverted to a tolerated stay. Findings on the long-term impacts of the Opportunity Residence Act will be possible at the earliest once the scheme expires at the end of 2025.
The Brief Analysis was written by: Dr. Laura Peitz and Anne-Kathrin Carwehl