One specific problem that has crystallized is the waiting time for a decision on inclusion. The increase in the number of applications and the reduction in the number of staff at the reception authority have again lengthened the waiting times for a decision. The time factor can play a crucial role in the inclusion process. After all, the majority of late resettlers are elderly, sick people in the last stage of their lives. Particularly tragic are cases I know of where a late resettler died just a few days before the fully prepared relocation of an adult grandchild with their family. The death of the resettler in Germany deprives the descendant of the right to relocate. The grandchild will have to unpack their suitcases, find a job again, and re-establish their relationships in the country they were preparing to leave for Germany.
As a precaution, I recommend conducting parallel procedures for inclusion under §7 BVFG and granting one's own resettler status under §4 BVFG. The law allows for this possibility. The option of granting §4 BVFG provides certain guarantees for relocation even in the event of the death of the late resettler in Germany.
Relocation under one's own status as a late resettler (§4 BVFG) has other significant advantages. The foreign spouse of a late resettler (under §4 BVFG) acquires status under §7 BVFG, which grants them German citizenship immediately after relocation. The spouse does not have to renounce their primary citizenship. Thus, they immediately become a person with dual citizenship. If the spouse relocates under the status of a foreigner, they can only become a German citizen after several years of living in the country and fulfilling complex prerequisites.
A late resettler (§4 BVFG) has the right to have foreign work experience credited to the German pension fund. This is important for people who have worked half their lives in the CIS. Even five years of credited foreign work experience provides a noticeable increase to the German pension after finishing their working life in Germany. Resettlers will greatly feel the lack of a significant portion of work experience after retirement.
Relocation under one's own status under §4 BVFG preserves the option for subsequent relocation of further descendants. Example: Vadim Sokolov and his family are seeking inclusion in the admission decision of his grandmother Amalia Schmidt. In Kazakhstan, his son from his first marriage, Artem Sokolov, aged 14, remains. Artem's mother and Vadim's first wife prevents the joint child from leaving for Germany with his father. In four years, Artem will come of age and can decide on relocation himself. If great-grandmother Amalia is still alive in four years, Artem can consider inclusion in her admission decision as a descendant. For this, Amalia Schmidt must file an application for inclusion of her great-grandson Artem, whom she has never seen in her life. If the great-grandmother is not alive, Artem's relocation depends on granting his father Vadim Sokolov status under §4 BVFG.
I would like to say to those who are considering relocation but cannot yet decide to leave the CIS for various reasons. One cannot count on the eternal preservation of the current favorable admission conditions. I fear that they may be reviewed in the next parliamentary term. Having an indefinite admission decision under §4 BVFG allows one to look to the future more optimistically. For now, retroactive inclusion in the late resettler's admission decision is also indefinite. It is conditioned only on the continued residence of the late resettler (§4 BVFG) in Germany. The death of the ancestor with §4 BVFG status or their return to the CIS deprives the inclusion decision of legal effect.
I would like to illustrate the practice of such a double procedure with an example: Vladimir Schmidt, 50, files for inclusion in the admission decision of his mother Erna Schmidt, 75. At the time, Vladimir Schmidt's own application for late resettler status was rejected due to a record of non-German nationality in his first passport. Later, V. Schmidt changed the nationality record in his documents. The German Resettler Reception Authority considered this late declaration of belonging to the German people as a hypocritical acknowledgment for the purpose of achieving relocation to Germany. Changes in the law made such late recognition a legal path for relocation to Germany. Here, V. Schmidt can file two applications for admission. He can relocate to Germany under §7 BVFG while retaining the option for §4 BVFG.
In a general newspaper article, I cannot set out all the important procedural details; for proper timing and handling of both procedures, it is better to seek the help of a lawyer. It is important to adhere to the statutory deadlines and correctly choose the authority for filing the application. Due to the complexity of the legal matter of double application, the resettler reception authority often refuses to consider all legal aspects of the case. Official rejections should be appealed in a timely manner in accordance with the statutory procedure.
An interesting option is proving one's belonging to the German people by obtaining a language certificate at level B1. Here I am thinking of young, dynamic citizens of the Russian Federation and Ukraine, where, as is known, the record of nationality has been abolished. For well-educated residents of large and medium-sized cities in the Russian Federation, it is quite realistic to learn the language at level B1 and pass the required test. Here too, it is possible to conduct a double procedure for admission to Germany as a descendant, with the right to upgrade status after obtaining a B1 certificate.
Thomas Pue,
German lawyer.