Residence Permit under Section 25b of the Residence Act and Settlement Permit for Tolerated Persons

Many people live in Germany for years with a “Duldung” (temporary residence permit) without knowing whether they will be allowed to stay permanently. At the same time, many of them have long since built a life for themselves: they work, speak German, and are socially integrated. However, the legal options for obtaining a secure right of residence from this uncertain status are complex and often difficult for laypeople to understand. In particular, the regulations governing residence permits under Section 25b of the Residence Act (AufenthG) and the subsequent path to a settlement permit under Section 26(4) of the Residence Act raise numerous questions in practice.

In this article, Zafer Özkan, an attorney specializing in immigration law, explains the requirements for a residence permit under Section 25b of the Residence Act (AufenthG), the proof of sustainable integration, and the transition to a settlement permit under Section 26(4) of the Residence Act (AufenthG). He also explains why an early legal review can be crucial to success.

How can individuals with temporary residence status in Germany obtain a permanent right of residence and a settlement permit?

Many people who have been granted long-term tolerated status live in Germany with an uncertain legal status and have no clear prospects for remaining in the country. What initially appears to be a temporary situation often becomes a reality that lasts for years. Those affected often live in uncertainty for long periods of time, without any reliable prospects for their future. This is where the provisions on the right of residence under Section 25b of the Residence Act (AufenthG) come into play: Under certain conditions, they open a path to secure residence and, later on, even to a settlement permit.

Living in Germany with Temporary Residence Status

Tolerated stay is not a residence permit. It simply means that deportation is temporarily suspended for specific reasons. The person’s stay is therefore legally precarious and contingent on the suspension of deportation. This has far-reaching consequences for those affected.

Many people with temporary residence status experience their daily lives as being in a constant state of limbo. Their residence permits must be renewed regularly. It is difficult to make long-term life decisions. Career prospects are also often limited, even when gainful employment is theoretically possible.

Added to this is the psychological strain. It is difficult to make plans when you don’t know whether you’ll be allowed to stay or when you’ll be deported. This does not prevent integration, but it makes it considerably more difficult.

Why the legislature established the right to remain

Lawmakers have recognized that many people live in Germany for years despite having an uncertain residency status and are, in fact, integrating into society. This reality has led to a fundamental reorientation. The residency permit under Section 25b of the Residence Act (AufenthG) was created as a tool that addresses precisely this issue. People who have become permanently integrated into German society should be given a genuine opportunity to obtain a right of residence. Integration is thus not only required but also rewarded.

The provision is intentionally designed to apply as the general rule. If the requirements are met, the residence permit should generally be granted. This provides those affected with much-needed predictability and, for the first time, offers them a reliable outlook for the future.

From an Uncertain Status to Secure Residency

The central idea behind Section 25b of the Residence Act is the transition from an uncertain to a lawful residence permit. This step is of crucial importance for many clients. With this residence permit, an uncertain status of temporary tolerance is replaced by a secure status.

This has a direct impact on daily life. Those affected gain greater stability, better access to the labor market, and significantly greater legal certainty. At the same time, this is not yet the end of the process. The residence permit is generally temporary and must be renewed. However, it forms the basis for securing long-term residency.

Residence Permit as a Long-Term Goal

For many of those affected, the settlement permit is the ultimate goal. It is a permanent residence permit and thus offers the highest level of security and the prospect of being allowed to remain in Germany. In many cases, the path to obtaining it is through Section 25b of the Residence Act (AufenthG).

Anyone who initially receives a residence permit based on sustained integration may, after a few years, meet the requirements for a settlement permit. It is important to note that not all periods of residence are automatically counted toward this requirement. The decisive factor is, above all, the length of time the residence permit has been held. The period of temporary tolerance is generally not sufficient to directly obtain a settlement permit. This makes the transition to a legal residence permit under Section 25b of the Residence Act all the more important.

Why Seeking Advice Early On Is Crucial

The transition from temporary tolerance to a residence permit and later to a settlement permit does not occur automatically. Each case is reviewed individually. Small differences can have major consequences. That is precisely why it is important to have an experienced attorney assess your specific situation from a legal perspective at an early stage. A lawyer experienced in immigration law can effectively highlight your integration efforts and help you avoid common mistakes. This will significantly improve your chances of obtaining a residence permit under Section 25b of the Residence Act (AufenthG).

Experience shows that many proceedings fail not because of a lack of integration, but because of inadequate preparation or a misjudgment of the prerequisites. A structured approach with the help of an attorney can make all the difference here.

What is Section 25b of the Residence Act, and under what circumstances is a person entitled to a residence permit on the basis of sustainable integration?

Section 25b of the Residence Act (AufenthG) is an important provision in German immigration law for people with an uncertain immigration status. Under certain conditions, this provision offers individuals who have been tolerated for many years the opportunity to obtain a residence permit and thus establish lawful residence for the first time. For many of those affected, this is the decisive step away from uncertainty toward a stable future in Germany.

Residence Permit Despite Previous Temporary Stay Permit

The distinctive feature of Section 25b of the Residence Act is that a residence permit may be granted even if the individual previously held a temporary stay permit. Normally, the granting of a residence permit is subject to certain general requirements, such as having sufficient means of support or entering the country with a visa.

Exceptions to these requirements may be made under § 25b of the Residence Act. In this way, the law deliberately provides a means of legalizing one’s residence without having to leave the country first. For many of those affected, this is the only realistic chance to secure their residence on a permanent basis.

Sustainable integration as a key criterion

At the heart of the regulation is the concept of sustainable integration. This concept is deliberately formulated in broad terms, allowing for a comprehensive assessment of a person’s living situation. Sustainable integration means that a person is integrated into Germany’s social and economic conditions not just in the short term, but on a lasting basis.

What matters is not individual criteria considered in isolation, but rather an overall assessment. Typical factors include language skills, educational and professional development, social integration, and the ability to support oneself, at least for the most part. The overall picture is always the deciding factor.

Establishing Rules with Flexibility in Individual Cases

A key advantage of Section 25b of the Residence Act is that it is structured as a so-called “guideline provision.” This means that, as a general rule, the residence permit should be granted provided the requirements are met. At the same time, there is a certain degree of discretion. The statutory criteria constitute general requirements. They do not have to be fully met in every case.

Under certain circumstances, existing shortcomings can be offset by exceptional efforts toward integration. In practice, this means that even borderline cases may have a good chance of success if the integration is presented in a convincing manner overall. Therefore, obtaining a residence permit under Section 25b of the Residence Act (AufenthG) depends heavily on a well-reasoned and legally sound argument.

Who § 25b of the Residence Act (AufenthG) is particularly relevant for

The regulation is primarily intended for individuals who have been residing in Germany for an extended period of time and do not yet have secure residency status. This includes, in particular, individuals granted temporary tolerance and those with a right of residence based on the opportunity provision under Section 104c of the Residence Act (AufenthG).

In addition, the provision may also be relevant in connection with other humanitarian residence situations. The key factor is that the residence has been of a long duration and that integration has actually taken place. For younger individuals, there is sometimes the option to choose between different residence permits, such as § 25a and § 25(5) of the Residence Act (AufenthG) for well-integrated adolescents and young adults who have succeeded in school or in their careers. For adults, however, § 25b is often the key provision governing the right to remain.

Implications for the remainder of the stay

A residence permit issued under Section 25b of the Residence Act (AufenthG) is generally temporary. However, it serves as the basis for establishing long-term residency. This permit establishes lawful residence for the first time, which may later lead to further rights.

In particular, it opens up the possibility of applying for a settlement permit after a certain period of time. Thus, Section 25b of the Residence Act is not merely a short-term solution, but an important step toward permanent residence in Germany.

Who is eligible for a residence permit under Section 25b of the Residence Act (AufenthG)?

Anyone wishing to apply for a residence permit under Section 25b of the Residence Act (AufenthG) must meet certain requirements. These are specified by law but are not applied rigidly in practice. The decisive factor is always a comprehensive assessment of the individual’s situation. It is therefore important for clients to be familiar with the key criteria and to assess them realistically.

Overview: What “Sustainable Integration” Means

Pursuant to Section 25b of the Residence Act (AufenthG), the foreign national has become permanently integrated into German society. This generally includes a stay of several years in Germany that was legally tolerated, permitted, or authorized by a residence permit. In addition, the law requires a comprehensive assessment of the individual’s personal situation, language skills, employment, and family ties.

Sustainable integration is the key criterion under Section 25b of the Residence Act. It is assessed on the basis of several factors that, taken together, provide an overall picture:

• Commitment to the free and democratic basic order: The applicant must demonstrate that he or she recognizes the fundamental values of the German state. This includes, in particular, respect for democracy, the rule of law, and fundamental rights.

In practice, this is rarely verified through formal statements, but rather through a person’s overall behavior in everyday life. Anyone who has no ties to extremism and abides by the law generally meets this requirement.

• Basic Knowledge of the Legal and Social System: Applicants are expected to have a basic understanding of life in Germany. This includes, for example, knowledge of rights and obligations, social coexistence, and government structures.

This knowledge can be demonstrated, for example, by attending an integration course or by providing other proof. Practical life experience in Germany may also be taken into account.

• Economic Integration: An important aspect of integration is the ability to support oneself, at least for the most part. This is typically achieved through gainful employment, vocational training, or concrete career prospects.

However, it is not just the current income situation that matters. A positive trend—such as through education or stable employment—can also be sufficient, even if the individual is receiving supplemental benefits.

• Language Skills: Adequate knowledge of German is a key component of integration. In practice, individuals are expected to be able to communicate orally in everyday situations.

The point here is not to have perfect command of the language, but rather the ability to get by in everyday life. Exceptions may be made in special cases, such as illness or old age.

• Children’s School Attendance: In the case of families, special attention is paid to whether school-age children are actually attending school. Regular school attendance indicates that the family is integrated into social structures.

At the same time, it is an important indicator of the successful integration of the next generation. Absences or problems with school attendance, on the other hand, may be viewed negatively.

Additional requirements pursuant to Section 25b of the Residence Act

Anyone wishing to apply for a residence permit under Section 25b of the Residence Act (AufenthG) must meet certain requirements in addition to providing evidence of sustainable integration. These requirements are specified by law but are not applied rigidly in practice. The decisive factor is always a comprehensive assessment of the individual’s situation. It is therefore important for clients to be familiar with the key criteria and to assess them realistically.

• Tolerated Stay or Stay under Section 104c of the Residence Act (AufenthG): This provision applies primarily to individuals who currently have tolerated status or who previously had a right of residence based on the opportunity to integrate under Section 104c of the Residence Act (AufenthG). The decisive factor is that the individual must have the relevant status at the time the decision is made.
• Minimum length of stay: As a general rule, a stay of at least six years is required; for families with minor children, the requirement is four years. Various periods of residence are taken into account, not just periods during which the individual has been granted temporary leave to remain.
• No Misrepresentation of Identity or Nationality: A residence permit will not be granted if false information has been provided or if the applicant has deliberately concealed their identity. Honesty and transparency are therefore crucial.
• Cooperation in Verifying Identity: The applicant must actively cooperate in verifying his or her identity and obtaining the necessary documents. The key factor is whether all reasonable measures have been taken.
• No serious criminal offenses or grounds for deportation: Serious criminal offenses may result in the denial of the application. However, minor offenses do not necessarily preclude the issuance of the permit.
• No Intentional Obstruction of Deportation: A residence permit will be denied if the individual’s own conduct has prevented or delayed departure. This includes, in particular, deception or failure to cooperate.
• Exceptions for Illness, Disability, or Age: Certain requirements, such as language proficiency or the ability to support oneself, may be waived if they cannot be met for health or age-related reasons. This is assessed on a case-by-case basis.

How does a residence permit under Section 25b of the Residence Act lead to a settlement permit?

For many affected individuals, the residence permit under Section 25b of the Residence Act (AufenthG) is a crucial step toward ending their uncertainty. However, it does not yet constitute a permanent right of residence; rather, it lays the foundation for securing long-term residency. But how can this initially temporary residence permit be converted into a settlement permit?

A Residence Permit as the First Step Toward Stabilization

The issuance of a residence permit under Section 25b of the Residence Act establishes a secure and lawful residence for the first time. This is particularly important because it is only from this point on that a stable residence status exists, which enables long-term planning.

The residence permit is initially granted for a limited period and must subsequently be renewed. Nevertheless, it serves as the crucial starting point for all further prospects regarding residence status, particularly for obtaining a settlement permit.

The Importance of the Correct Lengths of Stay for a Settlement Permit

The transition to a settlement permit is governed by Section 26(4) of the Residence Act (AufenthG). This provision applies to holders of humanitarian residence permits and thus also to persons with a residence permit under Section 25b. A key requirement is holding a residence permit for an extended period of time. As a rule, a period of five years is required. Only periods during which a residence permit was actually held are taken into account.

In practice, people often make the mistake of miscalculating the periods that count toward this requirement. For example, many affected individuals assume that periods spent with a “tolerated stay” status are also taken into account. In fact, however, only periods spent with a residence permit count toward the settlement permit. This means that the time prior to the issuance of a residence permit under Section 25b of the Residence Act is not counted.

This makes it all the more important to obtain a valid residence permit as early as possible in order to meet the required residency periods.

Common Challenges in the Process of Obtaining a Residence Permit

In practice, difficulties often arise during the transition to a settlement permit. These include, among other things, unstable income, a lack of pension insurance periods, or gaps in residency. The question of whether all requirements are actually met is also often interpreted differently. In such cases in particular, a legal review is advisable to realistically assess the chances of success.

In such cases, seeking legal advice at an early stage is particularly important and advisable. An attorney specializing in immigration and residency law can assess whether the requirements are actually met, which periods count toward eligibility, and what the chances of success are.

Attorney Zafer Özkan advises clients in such situations and helps them strategically prepare for the transition from a residence permit to a settlement permit. Especially in complex cases, sound legal guidance can make the difference between the success and failure of an application.

What are the requirements for a settlement permit under Section 26(4) of the Residence Act?

The settlement permit is the ultimate goal under residence law, and not just for those granted temporary protection. It grants an indefinite right of residence and thus long-term security in Germany. Anyone who holds a residence permit under Section 25b of the Residence Act (AufenthG) may, under certain conditions, take the next step and obtain a settlement permit under Section 26(4) of the Residence Act (AufenthG).

Who is eligible to receive a settlement permit?

The settlement permit under Section 26(4) of the Residence Act (AufenthG) is intended for individuals with humanitarian residence permits. This also includes holders of a residence permit under Section 25b of the Residence Act (AufenthG). The prerequisite is that such a residence permit is still valid at the time the application is filed. It is therefore essential that the right of residence be legally secured and not merely have existed in the past.

A five-year residence permit as a key requirement

One of the most important requirements is holding a residence permit for a period of generally five years. Only after this period has elapsed is it possible to apply for a settlement permit. It is particularly important to note that only periods during which you held a residence permit are taken into account. Periods during which you were granted temporary tolerance generally do not count and can significantly delay the process of obtaining a settlement permit.

Additional requirements under Section 9(2) of the Residence Act

In addition, the general requirements for a settlement permit must be met. These include, in particular, having a secure means of support and no history of serious criminal offenses. Sufficient knowledge of German (not the A2 level required for a residence permit under Section 25b of the Residence Act, but rather the B1 level for a settlement permit) as well as a basic understanding of the legal and social order are also required. Furthermore, periods of pension insurance contributions and a stable financial situation play an important role.

Special Provisions and Exceptions in Individual Cases

In certain cases, individual requirements may be relaxed. This applies in particular when requirements cannot be met for reasons such as illness or age. It should also be noted that the settlement permit is a separate decision. It is not necessarily decisive whether the original requirements for the residence permit are still fully met, as long as the permit remains valid.

Discretionary Decision by the Immigration Authority

An important point for clients to note is that a residence permit is not granted automatically. The Immigration Office makes a discretionary decision. This means that, in addition to the formal requirements, the overall course of the applicant’s stay is also taken into account. Integration, economic stability, and past conduct play a central role in this process.

Why a Legal Review Is Crucial

When transitioning to a settlement permit, many details are crucial. Errors in calculating periods of residence or in assessing the requirements can lead to an application being denied. Attorney Zafer Özkan specializes in immigration and residency law and assists clients in legally evaluating their individual situations and strategically preparing their applications. Expert legal guidance can significantly increase the chances of obtaining a settlement permit.

Why is legal assistance often crucial to success when applying for a residence permit under Section 25b of the Residence Act (AufenthG) and a settlement permit under Section 26(4) of the Residence Act (AufenthG)?

The residence permit under Section 25b of the Residence Act (AufenthG) and the subsequent settlement permit under Section 26(4) of the Residence Act are the most important steps for tolerated persons toward securing permanent residence in Germany. In practice, however, many applications fail unnecessarily or are significantly delayed. This is often not due to a lack of eligibility requirements, but rather to insufficient preparation or an incorrect legal assessment. This is precisely why seeking legal counsel early on is of crucial importance.

Common Mistakes Regarding Section 25b of the Residence Act and the Process of Obtaining a Settlement Permit

A common mistake is failing to adequately demonstrate one’s contributions to integration. Many of those affected assume that their life circumstances speak for themselves, without presenting them in a structured and clear manner.

The ability to support oneself is also often misjudged. In the case of both Section 25b of the Residence Act and the settlement permit, it is not only the current situation that matters, but also future trends and prospects.

Errors in calculating periods of residence are particularly problematic. For the purpose of obtaining a settlement permit, only periods during which the applicant held a residence permit are generally counted. Periods during which the applicant was granted temporary tolerance are often mistakenly included, which can lead to false expectations and subsequent rejections.

Another common issue is the clarification of identity. Unclear or insufficiently documented cooperation can jeopardize both the application under Section 25b of the Residence Act and the subsequent granting of a settlement permit.

Case-by-Case Review and Discretionary Authority

Neither Section 25b of the Residence Act nor the application for a settlement permit is assessed on a purely formulaic basis. The Foreigners’ Registration Office always evaluates the applicant’s overall situation. This means that even cases with minor shortcomings can be successful if the applicant’s integration is convincing overall. Conversely, well-suited cases may be rejected if the requirements are not presented convincingly.

In the case of a settlement permit in particular, it is also important to note that the decision is made at the discretion of the authorities. In addition to the formal requirements, the applicant’s progress to date and overall integration therefore play an important role.

How Attorney Zafer Özkan Can Help You

Attorney Zafer Özkan specializes in immigration and residency law. He assists clients both in applying for a residence permit under Section 25b of the Residence Act (AufenthG) and in obtaining a settlement permit under Section 26(4) of the Residence Act (AufenthG). His legal support begins with an assessment of the client’s individual circumstances. In doing so, he analyzes whether the legal requirements are met and which points should be emphasized.

The next step involves strategically preparing the application. Integration efforts, professional development, and personal circumstances are presented in a structured manner to convey a compelling overall picture. Precise legal planning is also crucial when transitioning to a settlement permit. In this regard, Attorney Özkan provides support, particularly in accurately assessing the eligible periods, meeting the requirements, and optimally preparing the application.

Support in the Event of Rejection and Legal Action

If an application is denied, there are often still legal options available. Many decisions are based on an incomplete or erroneous assessment by the authorities. A review by an attorney can determine whether an appeal or a lawsuit is likely to be successful.

The area of immigration law, in particular, demonstrates that well-reasoned legal arguments can have a significant impact on the outcome of a case. Attorney Zafer Özkan supports clients in these situations as well and consistently defends their rights against the authorities.

Conclusion

• Tolerated status is not a secure residence status: It does not mean that the individual has a guaranteed right to reside in the country. It merely temporarily suspends deportation and often leads to years of uncertainty for those affected. This is precisely why it is important to determine whether it is possible to transition to a lawful residence permit.
• Section 25b of the Residence Act offers well-integrated individuals with temporary residence status a genuine prospect of remaining in the country:
• Those who have become permanently integrated in Germany may, under certain conditions, receive a residence permit under Section 25b of the Residence Act (AufenthG). For many of those affected, this provision is the most important step toward moving from an uncertain status to secure residency. A comprehensive assessment of each individual case is always crucial in this regard.
• The key factors are sustainable integration, active participation, and the individual’s personal circumstances: For the granting of a residence permit under Section 25b of the Residence Act (AufenthG), proof of sustainable integration is particularly crucial. Not every case needs to be perfect in every respect, as the law allows for an individual assessment. This makes it all the more important to correctly assess your own situation from a legal perspective and present it convincingly.
• A settlement permit is the long-term goal: Although the residence permit under Section 25b of the Residence Act (AufenthG) is initially issued for a limited period, it can serve as the basis for a subsequent settlement permit under Section 26(4) of the Residence Act (AufenthG). To qualify, applicants must generally demonstrate that they have held a residence permit for several years. Periods spent under a “toleration” status are generally insufficient for this purpose, which is why transitioning to a legal residence permit at an early stage is particularly important.
• Thorough preparation can make the difference between success and rejection: Many applications fail not because of a lack of integration, but due to incomplete documentation, a misjudgment of the requirements, or insufficient reasoning. Whether you’re applying under Section 25b of the Residence Act or seeking a settlement permit, the details matter. Having a lawyer review your application early on can help you avoid mistakes and significantly improve your chances of success.

Securing Residency for Persons Granted Temporary Stay: When It’s Worth Seeking Legal Advice Regarding Section 25b of the Residence Act and the Settlement Permit

Anyone who wants to know whether, in their specific case, a residence permit under Section 25b of the Residence Act (AufenthG) or, at a later stage, a settlement permit under Section 26(4) of the Residence Act (AufenthG) is an option should have their situation reviewed by a lawyer at an early stage. Attorney Zafer Özkan specializes in immigration law and can provide you with comprehensive advice on your options under residence law. He will assist you with filing your application, navigating the administrative process, and taking legal action against negative decisions. Schedule an appointment now to have your prospects for remaining in the country reviewed.

Image credit: © freepik.com