Hello . I have a question regarding the new law Chancen Aufenthaltsrecht , The people who ever got visa from the new law, will they be allowed to visit their own country within that one year period?

Thank you
asked Oct 9, 2022 in Legal advice by Nimnas

Please log in or register to answer this question.

1 Answer

+1 vote

Dear @Nimnas,

Welcome back to the Wefugees Community and thank you for your question.

Unfortunately, the new law (the so-called "Chancen-Aufenthaltsrecht") is not yet confirmed by the parliament(s) and thereby not implemented yet. This means that we can not give reliable information on the potential section 104c of the German Residence Act yet and that I can only speculate or assume. As people are suppose to change from the residence permit according to section 104c to the residence permit according to 25b (or 25a) after one year (if they meet the requirements), similar rules may apply as currently for the 25b. With this residence permit, you are allowed to travel to your country of origin. Please see this thread and also this conversation in which we discussed this topic before.

The residence permit according to section 104c (as it is currently designed) is not a "Duldung" (which would prohibit to cross the border or better to say to re-enter Germany) and it is not a humanitarian residence permit issued because the applicant is not able to return back to the home country (for safety or other individual reasons) either. Therefore, I can not think of a reason for the time being why it should not be able to travel. 

But again, if we want to know for sure, we have to wait for the final version of the law and the implementation.

I hope this helps and please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Oct 9, 2022 by Meike
Thank you very much
Hi There but the Chancen Aufenthaltsrecht is approved by the Bundesrat , is'nt it ?
Does it still need to be approved by the Bundestag ?
After having been approved by the  Bundestag , does each Bundesland need to discuss and approve in their local Parlament as well ?
Do you know when will it be presented in Bundestag for approval ?
Hello,

Unfortunately, it is not clear yet if the Chancen-Aufenthaltsrecht needs to be approved by the Bundesrat (in which representatives of the Federal States are deciding) as well. For the time being, it is the Bundestag which still has to deal with the new law.
We will keep you updated on this!

All the best,


Meike
mbeon App

Confidential one-on-one consultations via App

For confidential one-on-one consultations in a secure virtual space, we work with mbeon. You can download the mbeon app free of charge from the App Store or Google Play Store and have private conversations with mbeon consultants there:

Link for iPhone
Link for Android

Welcome to Wefugees, where you can ask questions and receive answers from other members of the community.
4,610 questions
5,518 answers
7,442 comments
138,142 users