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Germany's new right of residence

On January 1, 2023, the much-discussed Right to Residence and other regulations that make it simpler for foreigners in the country to legitimize their stay, relocate there, or acquire permanent residency there, went into force.

The new rule, which was published on December 30 of last year in the Federal Law Gazette, would provide about 140,000 foreigners who have been living in Germany with a tolerated status the opportunity to fulfill the requirements for an 18-month residence visa.

Among other things, the prerequisites include having a stable income.

According to a press statement from the Ministry of the Interior, "people who have been in Germany for five years as of October 31, 2022, who have not committed a serious criminal offence and who are committed to the free democratic basic order will benefit from this."

It also discloses that as of October 31 of the previous year, Germany was home to over 248,182 tolerated foreigners, 137,373 of whom had been there for more than five years.

The government is changing its immigration policy with the new law, according to Federal Minister of the Interior Nancy Faeser, by giving immigrants who are successfully assimilated into German society good chances.

"We are ending the previous practice of chain tolerance. In doing so, we are also ending the often years of insecurity for people who have already long since become part of our society ," the minister stated.

Today's enactment of additional residency regulations would, among other things, allow well-integrated young adults aged 27 and under to remain in Germany after three years rather than four.

In an effort to make Germany a more desirable destination for talented workers from other nations, the standards in the Skilled Immigration Act that were in place for a short time will be made permanent and so permanently apply.

Additionally, these talented employees will be permitted to bring their families to Germany without requiring them to earn a German language knowledge certificate.

Regardless of their place of origin or the date of their admission into the country, the Federal Government is now allowing asylum seekers access to integration programs and professional language training.

The authorities want to be stricter about deporting foreign nationals without authorization to remain in Germany, especially those with criminal records, and they plan to do this by making it simpler to order their deportation.



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