Hello, I found some updates on Chancen - Aufenthaltsrechts from 06.07.2022. 

Does it give a chance to people not only on Duldung but also  on Aufenthaltsgesttatung  to Apply under new law with all other requirements? 

Thank you 



asked Sep 8, 2022 in Asylum proceedings by Nimnas | 334 views

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Dear @Nimnas,

I have looked at the draft version of the law and it specifically states that the Chancen-Aufenthaltrecht is only for people with a Duldung.

Ypou can read this yourself on page 9 of the draft, under § 104c Chancen-Aufenthaltsrecht.

As the law is not yet passed, there may be changes made to it. However, I think it unlikely that such a significant change would be made to include thos with an Aufenthaltsgestattung. The law is specifically for individuals who on 01.01.2022 have for several years been living with a Duldung and who are neither going to leave Germany nor have the possiblitiy for any oher current available residence permit.



answered Sep 9, 2022 by mbeon-Éanna
Hello Eanna,
 Thank you for the response , I read that again and if u can help me clear this it would be so nice.  
As it says in this
(1) Einem geduldeten Ausländer soll abweichend von § 5 Absatz 1 Nummer 1, 1a und 4 sowie § 5 Absatz 2 eine Aufenthaltserlaubnis erteilt werden, wenn er sich am 1. Januar 2022 seit fünf Jahren ununterbrochen geduldet, gestattet oder mit einer Aufent- haltserlaubnis im Bundesgebiet aufgehalten hat und er

Why does it mention geduldet, gestattet oder mit einer Aufent- haltserlaubnis?? Am I getting it wrong?
You're welcome. It means that the person has to have a Duldung on 01.01.2022 and that during the previous 5 years they either had an Aufenthaltsgestattung, Duldung or residence permit.

For example, a person could have been in the asylum procedure (i.e. with an Aufenthaltsgestattung) from 01.01.2015 until 31.12.2019 and after that had a Duldung. This means they would be covered by the law as on 01.01.2022 they would have in the past 5 years been either with an Aufenthaltsgestattung or a Duldung.

Or a person could have had a residence permit, e.g. as a student. When this ended they could not return home and were issued with a Duldung. So this is why it also gives the option of including the time in the past 5 years spent with a residence permit.
Hello, I am very thankful for the details, will it be possible for  you to send me any references or may be website links regarding that please?

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