The shift in migration policies, introduced around a year ago, has significantly impacted the Hardship Commission in Baden-Württemberg. This change, known as the Opportunity Residence Act, has led to a decrease in applications to the commission. Foreigners seeking residence permits can still apply, but the numbers have dropped considerably. As of now, Chairman Klaus Pavel projects that around 250 applications will be processed by year's end. Previously, the commission handled 420 applications in 2021 and 450 in 2020[1].
The Opportunity Residence Act, enacted on December 31, 2022, grants individuals who have resided in Germany for five years or more, either tolerated, permitted, or with a residence permit, a probationary permit with their relatives for 18 months[2]. This provision, however, excludes criminals and those who have repeatedly provided false information about their identity[2]. After the 18-month period, those who have successfully proven they can support themselves, are proficient in German, and have established their identity are granted permanent residency.
The Act's favorable response was evident even midway through the year. According to a survey by Mediendienst Integration, at least 49,000 foreigners had already submitted an application within the first six months following the law's amendment[3]. Of these, roughly 17,000 applications were approved, and around 2,100 were denied, with thousands more still under review[3].
In Baden-Württemberg, Chairman Pavel estimates that around 80% of the commission's recommendations for approval will be granted by the Ministry of Justice by year's end[5]. He also notes that the Aliens Act may fail to address individual cases, which is where the Hardship Commission comes into play, offering humanitarian considerations for specific situations[4].
However, the impact of the Opportunity Residence Act can vary from one German state to another. For instance, while Baden-Württemberg experiences a reduction in applications, neighboring regions like Stuttgart's may not share this trend[1]. The Ministry of Justice in Germany handles numerous Hardship Commission recommendations from Stuttgart, primarily concerning refugees, and often approves these requests[5].
As the Ministry prepares for budget cuts and a heightened caseload due to the Act, it plans to reduce the number of Hardship Commission members in Baden-Württemberg[5]. This move may impact the processing time and approval rate for applicants seeking a right to stay in Germany. Legal aid organizations like the Stuttgart Hardship Commission play a crucial role in supporting migrants, helping them navigate the complex process of securing a right to stay and avoiding forced removal[5].
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