Anwalt für Duldung
& Bleiberecht in München

When do you need a lawyer for temporary residence permits and the right to remain?

Toleration and the right to remain are matters of life, not mere administrative issues. Anyone living in Munich with a certificate of toleration knows the mechanics behind it from experience: every three or six months, the next appointment with the Immigration Office is due, each time bringing the question of whether the toleration will be extended or whether the authorities will initiate deportation this time. In between lies a daily life that feels almost normal—school, training, work, family—but which, legally speaking, could come to an end at any moment. That is precisely why legal counsel here is not a luxury, but a protective measure.

As attorneys specializing in temporary residence permits and the right to remain in Munich, clients typically come to us for three reasons. First, when the next renewal of their temporary residence permit is due and they are unsure whether the authorities will extend it or issue a denial. Second, when a concrete path to a secure residence permit becomes visible—training begins, a permanent employment contract is offered, or the right of residence based on opportunity under § 104c of the Residence Act comes within reach. Third, when there is an imminent threat of deportation —notification of a deportation date, a police summons, or sudden loss of temporary residence status.

What makes the field of temporary residence permits unique: it’s rarely just about the law. It’s almost always also about timing, strategy, and the courage to make a decision. The legal situation is narrow. But within these constraints, there are paths that many clients cannot see on their own—either because they are unaware of Sections 60c, 60d, 104c, 25a, and 25b of the Residence Act, or because they do not know which path is realistic in their specific situation. That is precisely the lawyer’s role.

Common issues clients bring to us regarding temporary residence permits and the right to remain:

• I’ve had a temporary residence permit for three years—can I apply for the right of residence based on prospects for integration?
• My son started an apprenticeship as an IT specialist at the beginning of the year—is there now a special permit for apprentices?
• I’ve been working at a hotel in Munich for two years with a temporary residence permit—is a work permit an option?
• I came to Germany seven years ago when I was 14 — Do I have a right to remain under Section 25a of the Residence Act?
• We have been living in Munich for eight years with temporary residence status, are well integrated, and speak German—do we have a right of residence under Section 25b of the Residence Act?
• I just received notice of a deportation hearing in two weeks—what can I do?
• My passport has expired, and my home country is refusing to renew it—does that mean my only option is a temporary residence permit?
• My asylum application was denied, and I now have temporary residence status—are there still options available to me?

What Is a Temporary Stay Permit? — An Explanation of Section 60a of the Residence Act

A “Duldung” under Section 60a of the Residence Act is, legally speaking, a “temporary suspension of deportation.” This means, first and foremost, that there is an enforceable obligation to leave the country—the holder of the Duldung would actually be required to leave Germany. However, the authorities suspend the deportation because it cannot be carried out for factual or legal reasons. This is precisely the key difference from a residence permit: A Duldung does not legalize the stay, but merely prevents its enforcement.

Factual and legal grounds for tolerance

Actual reasons include: lack of a passport, refusal by the home country to accept the individual, inability to travel due to health reasons, or lack of transportation options. Legal reasons include, among others: ongoing proceedings for a residence permit, an upcoming hearing in the asylum process, or family ties that prevent deportation. The authorities must grant temporary suspension of deportation if any of these reasons apply—they have no discretion in this regard.

Fixed-term contracts and extensions

Tolerance permits are generally issued for three or six months and are renewed as long as the grounds for the permit remain valid. With each renewal, the Immigration Office reviews whether the grounds are still valid—if they are no longer valid, the tolerance permit expires and deportation becomes enforceable again. This is precisely where the greatest source of uncertainty lies in daily life with a tolerance permit. Before each renewal, we check whether the previous reason still applies and whether additional pathways to a right of residence can be pursued.

What are you allowed to do with a temporary residence permit?

With a "Duldung," you are generally permitted to reside in Germany, but your ability to work is restricted—a work permit is not automatically included but must be granted separately by the Foreigners’ Registration Office. Those who have been granted temporary residence for a long time and meet the requirements are entitled to a work permit in many federal states. Freedom of movement within Germany is permitted; however, traveling abroad is generally not possible with temporary residence. Social benefits are provided in accordance with the Asylum Seekers Benefits Act, though they are reduced during the first few months.

What is a “residence requirement”?

Persons with temporary residence status are often subject to a residence requirement—they must establish their residence in a specific location, often in the federal state where they filed their asylum application or in the district where they were first received. Those with temporary residence status in Munich are usually restricted to the Munich or Bavaria area. A change of residence requires a justified application to the Office of Foreigners. We regularly assist with these applications, for example when family reunification or starting a job requires a move.

Temporary Residence Permit for Training Purposes under Section 60c of the Residence Act

Since its introduction in 2019, the training-based temporary residence permit under Section 60c of the Residence Act has been one of the most important tools for individuals granted temporary residence status in Germany—and particularly in the Munich metropolitan area, with its high demand for trainees in the skilled trades, healthcare, the restaurant industry, and IT. The idea behind it: Anyone undergoing qualified vocational training should be able to complete it during their period of temporary residence without facing the threat of deportation.

Requirements for a training permit

The following requirements must be met cumulatively: an existing apprenticeship contract with a recognized training company, qualified vocational training (lasting at least two years), residence in Germany for at least three months, no connection to serious criminal activity, and a verified identity (or ongoing cooperation in the identity verification process). The training permit is generally granted for the duration of the training—after which the residence permit under Section 19d of the Residence Act (employment permit for the profession) or another transitional permit is typically issued.

Clarifying one's identity as a major stumbling block

In Munich, applications for training-based temporary residence status most often fail due to issues with identity verification. Individuals arriving from crisis regions—such as Afghanistan, Syria, Somalia, Eritrea, and Iran—without a valid passport often cannot easily obtain their home country passport. Section 60c(7) of the Residence Act does not strictly require the submission of a passport, but rather ongoing cooperation in the identity verification process. We help document this cooperation—correspondence with home country embassies, affidavits, and the provision of other identity documents. This is a separate procedure alongside the training contract.

Practical Experience: From the Start of Training to Residency

We often advise clients even before their training begins—anyone who signs a training contract without having clarified their residency status risks the authorities refusing to grant a training permit, which could place the training company in a situation of perceived legal uncertainty. Before the contract is signed, we raise the issue of the application for a training permit, clarify the training company’s cooperation, and ensure a smooth transition.

Temporary work permit under Section 60d of the Residence Act

Toleration of employment under Section 60d of the Residence Act is the equivalent of a training permit for adults in regular employment. Within the Munich Right of Residence Mandate, it is an important pathway for clients who have been working with a tolerance permit for years and have effectively integrated into the German labor market.

Requirements for a work permit

The following requirements must be met: at least 18 months of lawful full-time employment; proof of having supported oneself without public assistance for the past twelve months; residence in Germany for at least twelve months with a temporary residence permit; sufficient knowledge of German (usually A2 level); no convictions for intentional crimes (minor offenses are not a barrier); and verification of identity. Anyone who meets all these requirements is entitled to a work permit—the authorities have no discretion in this matter.

Practical Application and Documentation

From our experience: Documenting employment history is the most important factor. We build the application using pay stubs covering 18 months, employment contracts, tax assessment notices, social security records, and a complete set of documentation regarding means of support. For clients in Munich’s restaurant and care sectors, gainful employment often actually exists but is not consistently documented—this is where our record-keeping comes into play.

Conversion to a residence permit

Anyone who successfully completes 30 months of temporary employment authorization and continues to work is eligible for a path to a residence permit under Section 25b(6) of the Residence Act. This is the true strategic significance of temporary employment authorization: not the status itself, but the bridge to a secure residence permit.

Right of Residence for the Purpose of Seeking Employment under Section 104c of the Residence Act

The right of residence based on prospects under Section 104c of the Residence Act has been in effect since December 31, 2022, and has since significantly changed the landscape of residence rights under immigration law. The idea behind it: Anyone who, as of October 31, 2022, had been living in Germany for five years with temporary admission, a provisional residence permit, or a residence permit on humanitarian grounds, and who is well-integrated, should receive a provisional residence permit for 18 months—with the goal of meeting the requirements for a permanent right of residence under Section 25a or Section 25b of the Residence Act during this period.

Requirements for the Right of Residence Based on Prospects

Cutoff date and length of stay: As of October 31, 2022, at least five years of lawful residence in Germany (toleration, provisional residence permits, or humanitarian residence permits count toward this requirement). Commitment to the free democratic basic order. No serious criminal offenses. Proof of identity is required but must be provided within the 18-month probationary period. Important: The “Chance Residence Permit” is explicitly a transitional permit—it does not automatically lead to a right of residence but provides the opportunity to meet the requirements under Sections 25a and 25b of the Residence Act within the 18-month period.

What happens after 18 months?

Once the 18 months have expired, it is possible to transition to either § 25a or § 25b of the Residence Act (provided the requirements are met)—or the right of residence based on prospects for integration ends, and the original temporary stay permit is, in principle, reinstated. This is precisely why counseling is so important during this phase: The 18 months are not an extension, but a probationary period during which the applicant works specifically on meeting the requirements for the right to remain—language certificate, proof of sufficient means of support, length of stay, and clarification of identity.

Practical Note

Based on our experience at our Munich office: The Munich Foreigners’ Registration Office generally takes a constructive approach to the right of residence based on prospects. At the same time, we see that many potential clients do not file the application themselves—either because they misjudge the deadline or the requirements, or because they misunderstand the 18-month pathway as “merely a temporary reprieve.” Both of these misjudgments result in lost time. In our initial assessment, we will review free of charge whether Section 104c of the Residence Act is a realistic option in your specific situation.

Right of residence under § 25a and § 25b of the Residence Act

Sections 25a and 25b of the Residence Act are the key provisions governing the right of residence for well-integrated individuals with temporary toleration status. They apply regardless of the effective date of the right of residence based on prospects for integration and serve as the actual pathway from temporary toleration to secure residence.

§ 25a of the Residence Act — Right of residence for well-integrated adolescents and young adults

Section 25a of the Residence Act applies to adolescents and young adults between the ages of 14 and 27 who have lived in Germany for at least three years (with temporary suspension of deportation, provisional residence status, or a residence permit), are currently attending or have attended school in Germany, have successfully completed their schooling or vocational training, are committed to the free democratic basic order, and are expected to be integrated. The connection to German schools—middle school, secondary school, high school, or vocational school—is often the decisive factor for our clients in Munich. We carefully review school transcripts, vocational training certificates, and letters of recommendation—in practice, these are the key pieces of evidence.

§ 25b of the Residence Act — Right of Residence for Tolerated Persons Who Are Sustainably Integrated

Section 25b of the Residence Act is the second major provision governing the right to remain and applies to adults who can demonstrate that they are sustainably integrated. The requirements are cumulative: at least six years of residence with temporary suspension of deportation; for families with minor children, at least four years; a largely secure means of support; sufficient knowledge of German (generally A2 level); commitment to the free democratic basic order; no conviction for an intentional criminal offense (minor offenses are not a hindrance); clarification of identity. Anyone who meets all requirements is entitled to a residence permit under § 25b AufenthG—the authorities have only limited discretion in this regard.

§ 25b(6) of the Residence Act — Transition to a work permit

A special provision of Section 25b is Section 25b(6) of the Residence Act: Anyone who has successfully completed 30 months of temporary employment authorization and remains employed is granted a residence permit. This is the path we have been preparing for many of our clients in Munich working in nursing, skilled trades, and the restaurant industry for years—temporary employment authorization as a bridge, followed by Section 25b(6) as a transition.

In Practice: What Does “Sustainable Integration” Mean?

“Sustainable integration” as defined in Section 25b of the Residence Act is not a legally precise term—it is assessed by the Immigration Office on a case-by-case basis. Indicators include: a continuous employment history, language certification, social integration (clubs, volunteer work), children’s school attendance, payment of taxes and social security contributions, consistent rent payments, and regular attendance at appointments with government agencies. We structure the application under Section 25b of the Residence Act using an integration dossier that systematically documents these indicators—it is precisely the combination that is decisive, because individual points are often insufficient.

Transition from Temporary Stay to Residence Permit

The transition from temporary tolerance to a residence permit is the true strategic core of all cases involving temporary tolerance. As long as someone is “only” tolerated, their status remains precarious—the situation can change with every renewal. Only a residence permit provides legal certainty regarding their stay.

What specific paths are there?

Seven main pathways from temporary tolerance to a residence permit: first, Section 25a of the Residence Act (minors/young adults with a high school diploma); second, Section 25b of the Residence Act (adults who are permanently integrated); third, Section 25b(6) of the Residence Act (via employment-based temporary tolerance); fourth, Section 19d of the Residence Act (residence permit following completion of qualified training), fifth, Section 25(5) of the Residence Act (humanitarian grounds), sixth, Section 25(3) of the Residence Act (prohibition of deportation established), seventh, the right of residence based on prospects under Section 104c of the Residence Act as a transitional phase. Which path is realistic in a specific situation depends on the length of stay, family situation, employment status, language skills, and individual background.

Strategic consulting rather than isolated measures

In our Munich consulting practice, the most important step is almost always strategic clarification: Which path is the fastest and safest in this specific situation? We examine all seven paths in parallel and prioritize them—for a 22-year-old with a secondary school diploma, Section 25a of the Residence Act is within reach; for a family with two children enrolled in school in Munich and seven years of temporary residence status, Section 25b of the Residence Act is the key; for an adult with 24 months of full-time work, temporary residence for employment purposes is the transition. This initial differentiation is crucial.

Clarifying identity — the common stumbling block

One theme runs through all these paths: establishing identity. People who have come to Germany from crisis-stricken regions without a valid passport often struggle with this hurdle for years. We handle identity verification as a separate process—correspondence with home country embassies, certified translations of existing documents, affidavits, and participation in court-ordered identity determinations. In every right-to-remain case, identity verification constitutes at least a separate sub-mandate.

Protection Against Deportation — Urgent Application and Prohibition of Deportation

When deportation is imminent, legal counseling is not a traditional retainer but rather a crisis intervention. A notice of a deportation hearing in two weeks, a police summons, a sudden loss of temporary residence status—in these situations, every hour counts, and legal measures must take effect immediately.

Prohibition on deportation under Section 60(5) and (7) of the Residence Act

Before any deportation, it must be determined whether a prohibition on deportation can be established under § 60(5) of the Residence Act (violation of the European Convention on Human Rights, particularly Art. 3 of the ECHR—risk of inhuman treatment) or § 60(7) of the Residence Act (significant concrete danger to life, limb, or liberty). If the Foreigners’ Registration Office or the Federal Office for Migration and Refugees (BAMF) identifies a prohibition on deportation, the deportation is halted; in many cases, this leads to a residence permit under Section 25(3) of the Residence Act. We examine prohibitions on deportation, particularly in cases of serious illness, lack of medical care in the home country, and country-specific risk situations.

Urgent motion filed with the Munich Administrative Court

If deportation is imminent, the urgent application is the most important tool. In the case of decisions terminating residence that are immediately enforceable, we apply for suspensive effect under § 80(5) VwGO; in cases of imminent danger of enforcement, we apply for a preliminary injunction under § 123 VwGO. The Munich Administrative Court at Bayerstraße 30 typically rules on urgent matters within a few days—and within 24 hours in cases of an imminent threat of deportation. If deportation is imminent, the rule is: hire a lawyer immediately; every hour counts.

Follow-up asylum application

If new evidence emerges, the situation in the home country changes, or new medical conditions arise, a subsequent asylum application under § 71 of the Asylum Act can halt deportation. The requirements are strict—the subsequent application must contain substantially new information and be filed within three months of becoming aware of the new circumstances. We assess the merits of the case and collaborate with medical specialists, country reports, and experts if the new circumstances require medical or political substantiation.

Hardship Commission and Petition

In clear-cut humanitarian cases where legal remedies are no longer effective, an appeal may be made to the Bavarian Hardship Commission. It may recommend to the Minister of the Interior that a residence permit be granted on humanitarian grounds. A petition to the Bavarian State Parliament or the parliamentary assistance of individual members of parliament are also tools in urgent situations—they do not replace legal defense, but they complement it. We coordinate this with counseling centers and social welfare organizations where appropriate.

Consultations in Ukrainian and Russian — Denys Osypenko

At KLAMERT & PARTNER, we have Denys Osypenko, a lawyer who assists clients in Ukrainian and Russian. In the area of temporary residence permits and the right to remain, this language combination is particularly valuable—the consultation process is highly sensitive, often a matter of survival, and clients need the opportunity to express themselves in their native language. Denys Osypenko is a trained lawyer with ties to Ukraine; he is not a licensed attorney under German law at our firm—the legal handling of Ukrainian- or Russian-speaking right-of-residence cases is handled by the licensed attorneys Markus Klamert, Marc Frey, and Johannes Goetz.

What Denys Osypenko does for clients with temporary residence permits is act as a linguistic and cultural bridge. He translates official notices, explains the process for obtaining a residence permit in Ukrainian or Russian, assesses the chances of success, and prepares clients for their initial consultation with a licensed attorney. For Russian-speaking clients, advice on the right to remain often involves complex family situations—an elderly mother from Belarus with a daughter in Munich, an elderly father from Kazakhstan without a valid passport, or a family with varying residency statuses across generations. Language support doesn’t solve every case on its own—but it ensures that nothing falls through the cracks due to translation and that you understand what your lawyer is doing.

Free Initial Consultation with Your Lawyer Specializing in Temporary Residence Permits and Right of Residence

Describe your situation to us in two or three sentences—we’ll assess, with no obligation, which path to residency is realistic in your situation and what steps would be advisable next. Online via our contact form, by phone at 089 540 239 0, or in person at Pettenkoferstraße 37 in Munich. Languages: German, English, Ukrainian, Russian, Portuguese. If you are facing imminent deportation, have received notice of a deportation date, or your temporary residence permit is about to expire, please call us immediately—we respond to urgent cases within a few hours. At KLAMERT & PARTNER, temporary residence permits and the right to remain in Munich are integrated into our immigration law practice and into comprehensive advice spanning family law, residence law, and, where applicable, labor law —responsible partners: Markus Klamert, Marc Frey, and Johannes Goetz. Preliminary consultations in Ukrainian and Russian are provided by our legal advisor Denys Osypenko; legal representation is handled by our licensed attorneys.