§ 104c AufenthG: Transitional Provision on the Opportunity Residence Right

This rule applies to you if you have an old residence permit under Section 104c. This residence permit was granted under the version of the law from 31 December 2022. This is the transitional rule for the so-called Chancen-Aufenthaltsrecht (opportunity residence right).

Your old residence permit remains valid Your residence permit under Section 104c continues to be valid. It is valid until the end of its validity period. During this time, the law treats it as if it were a residence title under Chapter 2, Section 5 of this law. This means: legally, your old permit is treated like a residence title from this other part of the law, even though it originally was not.

Extension is only possible in two ways You can have your old residence permit under Section 104c extended. But this is only possible in two ways: as a residence permit under Section 25a or as a residence permit under Section 25b. Extension in any other way is not possible. The extended residence permit is then also treated as a residence title under Chapter 2, Section 5 of this law.

If you apply for a different residence title If you instead apply for a different residence title — that is, not under Section 25a and not under Section 25b — then an important restriction applies to this application. The application does not have the effect under Section 81 paragraph 4 of this law. This means: the special legal effect that Section 81 paragraph 4 normally provides for an application does not apply in this case.