Can you obtain a residence permit after having a “Duldung” (tolerated stay) in Germany?
Introduction
Under German residence law, a Duldung according to Section 60a of the Residence Act (AufenthG) is merely a “temporary suspension of deportation”. It does not grant a residence status and does not come with visa rights. However, the doors are not closed once you receive it: the law provides several legal pathways through which this grey paper can eventually turn into a blue or pink residence card in your wallet. The following lines explain – in practical language – all relevant legal routes, the conditions of each pathway, and the most recent changes up to 18 May 2025.
1. Why is a Duldung not considered a residence permit?
It is an administrative decision that temporarily stops deportation where removal cannot be enforced in practice, for example due to serious illness or lack of travel documents.
It does not automatically include the right to work or full health insurance; any additional right (such as work permission) requires a separate decision by the foreigners’ authority.
It can be withdrawn at any time once the obstacle to deportation ceases to exist or if the holder violates obligations regarding identity, cooperation or lawful work. (Handbook Germany)
2. The “opportunity residence permit” (§ 104c AufenthG) – the 18-month bridge
Short overview
Actual residence: Five years of continuous stay in Germany up to 31 October 2022.
No serious criminal record: Maximum of 90 daily fines (Tagessätze) or up to 50 days of suspended imprisonment.
Clarified identity: A valid passport or well-documented serious efforts to obtain one.
Result: A temporary residence permit valid for 18 months, granting full access to employment and allowing time to meet the conditions for a long-term permit under § 25a or § 25b.
Recent development: In March 2025, the Federal Administrative Court clarified that minors do not have to sign a written declaration of loyalty to the German constitution in order to benefit from this right. (Bundesverwaltungsgericht)
Statistics: According to the latest BAMF analysis, by March 2025 around 62% of eligible holders of a Duldung were granted this opportunity residence permit. (BAMF)
3. Turning the “opportunity” into long-term residence
a) Residence permit for well-integrated young people – § 25a AufenthG
Target group: People who came to Germany as children or adolescents (up to 27 years of age) and have attended school or completed vocational training here.
Required duration of stay: Usually 3 years of schooling or training in Germany, and in total around 4 years of residence.
Language level: In practice, German at level B1 (spoken and written) is normally required. (Netzwerk Flüchtlinge)
b) Residence permit for “sustainable integration” – § 25b AufenthG
Required duration of stay: 6 years for single adults, or 4 years for families with minor children.
Livelihood: At least 50% of the family’s living costs covered through own income (employment or self-employment).
Language and housing: German at least at level A2 and adequate housing. (Flüchtlingsrat Niedersachsen)
Important: If the 18-month period of the opportunity residence permit ends without a successful switch to § 25a or § 25b, most federal states will revert the status back to Duldung. Time management is therefore crucial. (BAMF)
4. “Spurwechsel” to the skilled worker track (since 1 March 2024)
The reform of the Skilled Immigration Act has made it possible for asylum seekers and people with a Duldung to switch directly to a skilled worker residence permit (Fachkraft) if the following conditions are met:
An employment contract in a qualified occupation with at least the legally or collectively agreed minimum salary in that sector.
Either official recognition of the foreign qualification or at least three years of documented professional experience in an occupation with a recognised labour shortage.
Clarified identity and valid passport plus the language level required for the profession (often at least B1 German). (Asyl.net)
The application is normally submitted under § 19c AufenthG in conjunction with the Employment Regulation (Beschäftigungsverordnung). In Bavaria, for example, specific implementation guidelines were issued in April 2024 to speed up such “Spurwechsel” procedures. (innenministerium.bayern.de)
5. From training to residence: Ausbildungsduldung and Beschäftigungsduldung
Ausbildungsduldung (§ 60c AufenthG)
Stage: Starting a recognised vocational training while still holding a Duldung.
Duration: For the entire training period plus 6 months to look for a suitable job afterwards.
Benefits: Protection from deportation during the training and a full work permit in the training occupation.
Next step: After successful completion and with a valid work contract and clarified identity, a residence permit for employment can be applied for.
Beschäftigungsduldung (§ 19d AufenthG)
Stage: Tolerated persons with long-term regular employment.
Duration: 30 or 42 months, depending on qualification and individual situation.
Benefits: Renewed Duldung with continued protection from deportation as long as employment and other conditions remain in place.
Next step: Afterwards, a two-year residence permit for employment is usually granted and can be extended.
Joint requirements: At least 12 months of prior stay with Duldung, a regular job of at least 20 working hours per week subject to social insurance contributions, clarified identity and German language skills at a minimum level of A2. (migrando.de, Asyl.net)
6. Other humanitarian and family routes
§ 24 AufenthG – temporary protection: Group-based protection status (for example for people fleeing from Ukraine).
§ 25 (5) AufenthG: Residence permit where deportation is impossible in the long term for humanitarian, medical or political reasons.
Family reunification: For example, joining a German spouse or a spouse with permanent residence.
These residence titles generally require a fully clarified identity and a clean criminal record but usually do not require as long a previous stay as §§ 25a/25b.
7. Essential common conditions
Proof of identity: Passport or consular documents; all efforts to obtain a passport should be documented in detail.
Securing livelihood: Income sufficient to cover rent and living costs without full dependence on social benefits; for § 25b a partial need for assistance can be accepted.
Language: German between A2 and B1 depending on the legal basis.
No serious crimes: Convictions above 90 daily fines can severely reduce or completely block eligibility.
Health insurance and registration: Proof of health insurance and official registration with one municipality.
8. How to apply in practice
Seek advice early: Arrange a counselling appointment with the foreigners’ authority or an independent advice centre as soon as possible.
Collect documents: Passport, work contract or school/training certificates, payslips, rental contract, language certificates and evidence of efforts to clarify identity.
Written application: Always state the concrete legal basis in the application (for example § 25b AufenthG).
Follow up carefully: React quickly to any requests from the authority; missing documents on identity or income can justify refusal.
9. Frequently asked questions
Is studying German alone enough?
No. In most cases, language proficiency, a secured livelihood and clarified identity are required together – minors under § 25a are a partial exception.
What if my application after the opportunity residence permit is refused?
You can file an action before the administrative court within one month. If you do not take legal action, your status will normally revert to Duldung.
Do periods spent hiding or in church asylum count towards the required years?
Only if the authorities know where you are and tolerate your stay. Otherwise, this time is usually treated as irregular stay and does not count.
Can I travel with my national passport while on Duldung?
No. Travelling abroad on your national passport will usually end the protection against deportation immediately and may destroy your residence prospects.
Conclusion
A Duldung is not a dead end, but it is a difficult starting point that requires a lot of effort to turn into a proper residence permit. Between the 18-month opportunity residence permit, integration-based routes and the Spurwechsel into skilled migration, people with a Duldung now have more options than ever before – but only if they can prove their identity, qualifications and financial independence step by step. Start early, seek expert advice and work through the legal requirements one by one; only then can temporary “toleration” become a stable, long-term residence status.
The editorial team of lak24 aims to provide accurate information based on thorough research and multiple sources. Nevertheless, errors cannot be completely ruled out and some details may change over time or turn out not to be fully confirmed. The information in this article should therefore be understood as an initial point of orientation only. For binding and up-to-date information, you should always contact the competent authorities or qualified advisers directly.
