Important Development for Long-Term Duldung Holders in Germany

On February 25, 2025, the German Federal Administrative Court (Bundesverwaltungsgericht) issued a landmark ruling for asylum seekers who have long held “Duldung” (temporary suspension of deportation) status. This decision may directly affect approximately 200,000 people in Germany.

Background of the Case

The case concerned a Syrian asylum seeker whose asylum application had been rejected but who could not be deported, resulting in several years under Duldung status. The individual applied for a regular residence permit (Aufenthaltserlaubnis), but the lower court denied the request. The Federal Administrative Court overturned this decision and ruled that the application must be reassessed.

Legal Basis of the Ruling

The Court based its decision on Section 25b of the German Residence Act (Aufenthaltsgesetz). According to this provision, individuals meeting certain conditions may transition from Duldung status to a regular residence permit. The criteria outlined by the Court include:

• At least 5 years of uninterrupted residence in Germany,

• German language proficiency (minimum B1 level),

• Securing employment sufficient to support oneself,

• Not posing a threat to public security.

Court’s Reasoning

The Federal Administrative Court emphasized that Duldung is a temporary solution that hinders long-term integration. Furthermore, under Article 8 of the European Convention on Human Rights (ECHR), concerning the right to private and family life, the state should adopt a humane approach.

Implications and Significance

This ruling represents a significant milestone in Germany’s immigration policy. It is viewed as aligned with the 2023 Skilled Labor Immigration Act, which aims to address labor shortages. The Court’s decision facilitates faster integration, providing Duldung holders with a clearer path to participation in the labor market.

The case has been remanded to the local court for reassessment, offering hope to others in similar situations.

What Should Duldung Holders Do?

Following this precedent, individuals under Duldung status may apply for a regular residence permit by taking the following steps:

• Improve German language skills (demonstrate at least B1 proficiency),

• Secure regular employment with sufficient income to support oneself,

• Maintain at least 5 years of uninterrupted residence in Germany,

• Avoid any violations of public order and maintain a clean criminal record.

If you wish to transition from Duldung status to a permanent residence permit in Germany, you should meet the above criteria and submit your application as soon as possible.

Where Was the Official Ruling Published?

The full text of the Federal Administrative Court’s decision is available on the official website at www.bverwg.de under the February 25, 2025 decisions. It is likely published under the case number “BVerwG 1 C 15.24.”

We hope this decision creates new opportunities for Duldung holders in Germany. For more information or legal assistance, it is recommended to consult an experienced immigration law advisor.