Conclusion. See the beginning in "Zagranitsa" Nos. 7, 8, 9 for February-March 2005.
TRANSITIONAL RULES
What residence status can be obtained after January 1, 2005, if you currently have the right of residence (Aufenthaltsberechtigung) or an indefinite residence permit (unbefristete Aufenthaltserlaubnis)?
If you previously had an indefinite residence permit – i.e., the right of residence (Aufenthaltsberechtigung) or an indefinite residence permit (unbefristete Aufenthaltserlaubnis) – they continue to be valid as a permanent residence permit (Niederlassungserlaubnis). The same applies to persons entitled to political asylum, convention refugees, and contingent refugees who have an indefinite residence permit or, even more so, the right of residence. No application for renaming your previous residence status is required. The continuation takes effect automatically.
What law applies to those who filed an application for an indefinite residence permit or the right of residence before January 1, 2005?
If you hold a limited residence permit and filed an application for an indefinite residence permit before January 1, 2005, on which no decision had been made by that date, the decision will be made on the basis of previously applicable law, i.e., the law on the status of foreign nationals. If your application is approved and you receive an indefinite residence permit, it continues to be valid as a permanent residence permit.
The same applies to holders of a limited or indefinite residence permit who have applied for the right of residence. This is especially advantageous if you meet the conditions for obtaining an indefinite residence permit but do not meet the conditions for a permanent residence permit – for example, if you have not paid contributions to compulsory pension insurance for 60 months.
What law applies to those who filed an application for a permanent residence permit before January 1, 2005, and previously held a limited residence permit or residence entitlement (Aufenthaltsbefugnis)?
When applying for a permanent residence permit, you are not required to prove sufficient command of the German language. It is sufficient if you are able to communicate in German in a simple manner. In addition, you are not required to prove payment of compulsory pension insurance contributions for 60 months or sufficient knowledge of the legal system and social order of the Federal Republic of Germany.
For holders of a residence permit for humanitarian reasons, in accordance with the new law "On the Residence of Foreign Nationals", when calculating the seven-year period required for issuing a permanent residence permit, the period of holding a residence entitlement (Aufenthaltsbefugnis) and a certificate of suspension of deportation (Duldung) until January 1, 2005 is counted.
What residence status can be obtained after January 1, 2005, if you currently have a limited residence permit (befristete Aufenthaltserlaubnis), residence approval (Aufenthaltsbewilligung), or residence entitlement (Aufenthaltsbefugnis)?
All three of these statuses are valid as a residence permit (Aufenthaltserlaubnis) after January 1, 2005. However, you will continue to hold the issued documents in accordance with the purpose of stay and the circumstances that led to their issuance. This means, for example, that from January 1, 2005, you have a residence permit for study purposes if you were issued a residence approval (Aufenthaltsbewilligung) for that purpose. In accordance with the law "On the Residence of Foreign Nationals", a residence permit is always limited in time.
Will new decisions be issued after January 1, 2005 regarding legal measures pertaining to foreigners?
All legal measures pertaining to foreigners, such as spatial or temporal restrictions, conditions, obligations, prohibitions, restrictions on political activity, as well as orders for deportation from the country, warnings of expulsion from the country, and expulsion orders, remain in force. If your previous residence permit contained a record of such measures, that record will be transferred to the new document permitting residence in accordance with the law "On the Residence of Foreign Nationals".
What special rules apply to adult and unmarried children of a convention refugee?
Adult and unmarried children of convention refugees who previously did not have a residence permit do not need to file an application for political asylum. Based on the transitional rule, they will receive a residence permit with convention refugee status if:
a) the father or mother was recognized as a convention refugee before January 1, 2005; b) the child has been in Germany at least since the time when the recognition of his or her parent as a refugee became incontestable; c) the child's integration can be expected; d) the child has not committed any criminal offenses in the last three years.
What will happen to the work permit?
A work permit (Arbeitserlaubnis) issued before January 1, 2005 remains valid until its expiration date. When a new document permitting residence is issued, the previous work permit, if still valid, is considered as consent from the Federal Employment Agency. Restrictions contained in the previous work permit will be transferred to the new residence permit document. The entitlement to work (Arbeitsberechtigung) you hold is valid as unlimited consent from the Federal Employment Agency for you to engage in employment.
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