The question of the presence in Germany of 186,000 foreigners who arrived in the country more than five years ago and still have no clarity about their future life has long become one of the central problems of German immigration policy. In fact, over each of the refugees who arrived in Germany back during the Balkan wars, as well as "rejected" asylum seekers, the constantly expected deportation to their homeland hung like a sword of Damocles. It is clear that monthly visits to the Foreigners' Offices, the lack of normal work and prospects did not have a very favorable effect on the moral and psychological state of people, many of whom already have children born in Germany.
The German state also lost out from this situation, because social benefits for this category of foreigners have long exceeded billions of euros. It is clear that such a situation could not continue forever. However, until recently, no progress was observed on this issue. Although, to be fair, it is worth saying that the interior ministers of various federal states, even under the "red-green" government coalition, tried in every way to find a solution to this problem. But politicians lacked the courage to take the final step – to recognize the right of tens of thousands of people to live in Germany. The legislator also failed to resolve the problem: the amended immigration law had no room for a solution to the Bleiberecht issue.
And now, after months of difficult meetings and consultations at the next Conference of Interior Ministers of Germany, which took place on November 16-17 in Nuremberg, a long-awaited solution has been found. Information leaked to the press in advance about the preparation in Wolfgang Schäuble's ministry of a fundamental document on granting a "normal" residence permit to a number of categories of foreigners with Duldung status. Specifically, it concerns cases where foreigners living in Germany have "economically and socially actually integrated".
The ministerial paper states, in particular, that those who have been "in the country without interruption for at least 8 years", have "long-term employment relationships", and are able to support themselves or their family without recourse to social benefits, should receive the right to stay in the Federal Republic. The period of stay in the country is reduced to 6 years if the foreigner has a minor child who attends kindergarten or school. The Interior Ministry's concept provides that the child's actual school attendance must be proven by a school report card. In addition, all foreigners intending to obtain a residence permit must demonstrate "sufficient knowledge of the German language" by September 30, 2007.
According to a 4-page document prepared by the Interior Ministry, applications for a residence permit will have to be submitted within six months after the decision in Nuremberg. It is expected that the Foreigners' Offices will first issue two-year residence permits, which can then be extended. According to estimates by Interior Ministry experts, out of 186,000 foreigners with Duldung status, about 100,000 arrived in the country before January 1, 2006.
At the same time, the authorities consider it necessary to more strictly apply the existing deportation rules. "The stay of those foreigners who cannot obtain a residence permit must be consistently terminated," the document says. Experts are confident that non-integrated foreigners who have committed crimes and are obliged to leave the country "should not have incentives to stay in Germany related to the use of the German social system." Those persons who deliberately misled the authorities about their identity data or reasons for coming to Germany are unequivocally excluded from the new legislative rules. It is clear that politicians also do not want to see in the country foreigners suspected of involvement in extremism or terrorism.
Naturally, like any rule, the Interior Ministry's concept also provides for various exceptions. In particular, it mentions people undergoing some kind of training, those in need of constant medical care, or single parents with children. These categories may apply for residence even if receiving social assistance. Exceptions are also made for persons over 65 years of age who have no relatives left in their country of origin, are not dependent on state benefits, and have children or grandchildren in Germany with a secure residence permit or German passport.
Some issues are still unresolved. It is not yet clear whether, under the new rules, foreigners who have been "tolerated" by the German authorities for a long time will receive "free access to the labor market". Wolfgang Schäuble insists on granting them an unlimited work permit. However, the Social Democratic Minister of Labor Franz Müntefering takes a tougher stance on this issue. In his opinion, it can only be a "one-time measure that the German labor market can withstand".
Be that as it may, it seems that federal politicians have finally decided to announce the largest campaign of "amnesty" for foreigners in recent decades.