“Second-Chance” rule for a residence permit after 3 years of stay

Can you obtain a residence permit after a rejection if you have lived in Germany for 3 years?

In asylum cases where there is a final rejection and the person only holds a temporary status such as a Duldung, a new hope sometimes appears in what is commonly called the “second-chance law.” This concept is not a clearly named legal text under that exact title; rather, it is an administrative approach based on a combination of residence-law provisions, most notably:
§ 25(5), § 60a, and § 23a AufenthG.
It is sometimes described as one of the tools used to “stabilize long-standing cases.”

What does “second chance” mean?
It refers to the possibility of obtaining an official residence permit (Aufenthaltserlaubnis) after 3 years of continuous residence in Germany, even if the asylum application was rejected and the person only has a Duldung.
This can happen if certain conditions are met, and the federal states may grant residence permits at their discretion in humanitarian cases or for people who are well integrated.

Basic requirements to benefit from this opportunity

• Actual residence in Germany for 3 years without interruption, even if only a Duldung exists.

• No criminal offenses (minor violations usually do not have a decisive impact).

• Cooperation with authorities (no hiding identity and no false statements).

• Attempts to prove identity, or proof that the country of origin does not issue documents.

• Positive integration into society (language, education, work, children in school, courses, etc.).

• No urgent reason for deportation (such as obtaining travel documents from the embassy).

Possible legal bases

• § 25(5) AufenthG: if deportation is impossible due to factual or legal reasons.

• § 23a AufenthG: if the federal state decides to grant residence on humanitarian grounds for a specific situation.

• § 60a(2b) AufenthG: a special Duldung for workers and trainees.

Can you apply on your own?
Yes, this can be done by:

• Submitting a written request to the foreigners authority (Ausländerbehörde) explaining reasons to stay and integration.

• Supporting the request with documents such as:

  • proof of residence for the past 3 years

  • school, vocational, or professional enrollment

  • proof that no passport exists despite attempts

  • evidence of positive integration or volunteering

It is preferable to apply with the help of a lawyer or refugee support organization to ensure correct legal wording.

When do approval chances increase?

• If you have children in school or kindergarten

• If you have an employment contract or an Ausbildung

• If you completed an integration or language course

• If a doctor or therapist confirms health issues that prevent deportation

• If your country is unsafe or refuses to receive you

Important notes

• This is not an automatic right; it depends on the authority’s discretion (Ermessen).

• Some federal states are more flexible than others (such as Berlin and Bremen).

• It is recommended to apply before a deportation step is issued or pressure from authorities escalates.

Conclusion
The so-called “second chance” after 3 years is not written under that exact name, but it can be a real legal possibility through different residence-law provisions. If you have lived in Germany for years with a Duldung and no clear path, this may be your chance to document your integration and humanitarian reasons and move from Duldung to a real residence permit.
Start collecting documents and seek professional support to turn your Duldung into a stable residence status.

ـ The site’s writers and editors aim to provide accurate information through extensive research and multiple sources. However, errors may occur or some information may be unconfirmed. Please treat the content as initial guidance and always consult the competent authorities for verified information.