Main provisions of the new law «On Immigration» (Part 3)
INTEGRATION
For the first time, the law «On Immigration» states the intention to promote the integration of foreigners into German society as a specific goal. This is to be achieved primarily through integration courses. The main component of the integration course is a language course. It consists of a basic and an advanced course with a total duration of 600 teaching hours.
In addition to the language course, an orientation course lasting 30 teaching hours is also offered. Within its framework, foreigners and late resettlers will be told about the history and culture of Germany and explained the legal system of the German state. The integration course ends with an examination. Those who pass it receive a corresponding certificate.
Under what conditions can you take part in an integration course?
You are entitled to participate in an integration course under the following conditions:
* you have received a residence permit (Aufenthaltserlaubnis) for the first time for the purpose of employment, family reunification, or for humanitarian reasons;
* you have received a permanent residence permit (Niederlassungserlaubnis) for humanitarian reasons;
* you have your permanent place of residence in Germany.
You have your permanent place of residence in Germany, in particular, if you have been issued a residence permit for more than one year or you have already held a residence permit for more than 18 months. This does not apply if you are in the country for a temporary purpose (for example, you are a contract worker).
You are not entitled to participate in the course if:
* you have received a residence permit for the purpose of higher education or for other study purposes;
* you hold a permanent residence permit for highly qualified specialists;
* you are a child, adolescent, or young person starting school in Germany or continuing your previous school education;
* you have only a minor need for integration or you already have sufficient command of the German language.
A minor need for integration is generally assumed if you have a diploma from a higher or specialized higher education institution or are engaged in employment that requires such qualification, and are able to integrate in Germany without state assistance. The following exception applies: if you have a diploma from a higher or specialized higher education institution or have the relevant qualification, but cannot find a job corresponding to your qualification due to insufficient knowledge of German, you are, despite your qualification, entitled to participate in an integration course.
Even if you already have sufficient command of the German language, you are entitled to take part in the orientation course and the final examination.
If you have not taken part in an integration course within two years after the issuance of your residence document, your right to participate in the course lapses. The same applies if your residence document has expired. However, even if you have lost your right to participate, you may still take part in an integration course if there are free places and you are admitted to participation. The corresponding application can be submitted to the authorized organization for conducting language courses or directly to the Federal Office for Migration and Refugees.
Is it mandatory to take an integration course?
You are obliged to take an integration course if:
1. you are entitled to participate and are not able to communicate freely in German (the visa and foreigners registration office – Auslanderbehorde – determines when issuing the residence document whether you are obliged to take part in an integration course);
2. you are not entitled to participate, but the visa and foreigners registration office has obliged you to take part in an integration course.
However, if you belong to the second group, you can only be obliged to take part in an integration course if you receive unemployment benefit (Arbeitslosengeld II) or social benefit (for family members) and the agency paying you this benefit considers your participation necessary, or if you are particularly in need of integration. In addition, there must be a place in the course, the requirement to attend which can be considered reasonable for you.
Particularly in need of integration are generally considered to be mothers or fathers of minor children who are not able to communicate freely in German. The obligation to take part in an integration course lapses if you:
* are undergoing vocational or other training in Germany;
* are taking part in similar educational measures in Germany;
* long-term participation is impossible for you or cannot reasonably be required of you.
What consequences can failure to take part in a mandatory course have?
If you do not fulfill your obligation to participate in the course, this will be taken into account by the visa and foreigners registration office when deciding on the extension of your residence permit. For example, your residence permit may be extended only for a short time in order to check again whether you will fulfill the obligation. If you are not entitled to an extension of your residence permit, the extension may even be refused.
If the obligation to take part in an integration course is connected with receiving unemployment benefit II or social benefit, the agency paying this benefit may reduce its amount by up to 10% for the period of your non-participation. Despite non-participation, you may be obliged to pay a share of the expected costs of the course.
Can foreigners already living in Germany attend an integration course?
If you are not a new immigrant, lived in Germany before January 2005 and the visa and foreign nationals registration office has not obliged you to participate in an integration course, you may attend it voluntarily. The condition is that there are free places on the course. To find out, you should submit an application for admission to the course. This application can be submitted to an authorized language course provider or directly to the Federal Office for Migration and Refugees. A list of organizations authorized to conduct integration courses is available from the visa and foreign nationals registration office and from migration counseling centers.
How much does attending an integration course cost?
The costs of running an integration course are largely covered by the state budget. However, depending on your financial situation, you are required to share in these costs. As a general rule: if you are entitled to participate in an integration course, have been obliged to take part, or have been admitted to the course on a voluntary basis, your share of the costs is 1 euro per lesson. This means that for the entire integration course you will pay 630 euros.
If you receive unemployment benefit II or social assistance, you are exempt from the obligation to pay. However, you must submit an application for exemption from payment to the Federal Office for Migration and Refugees and provide documentary evidence that you receive the above-mentioned benefits. An application for exemption from payment may also be submitted if paying your own share would place a particular hardship on you.
Payment is due before the start of each section of the course (100 hours each). If you wish to repeat individual parts of the integration course, you will have to pay the full cost (2.05 euros per lesson). If you have to travel a long way to attend the integration course, you may, under certain conditions, be granted a subsidy towards travel expenses. To do this, you also need to submit an application to the Federal Office for Migration and Refugees. The Office decides on this application in each individual case, taking into account your personal circumstances.
What is the certificate of successful participation in an integration course for?
The certificate of successful completion of an integration course serves as proof that you have fulfilled certain legal requirements. When applying for a permanent residence permit, this certificate is evidence that you have sufficient command of the German language and have basic knowledge of the legal system, social order and way of life in Germany. Without such evidence, a permanent residence permit is generally not issued.
In the case of acquiring citizenship, if you present the certificate of successful participation in an integration course, the required eight-year period of legal and permanent residence in the country will be reduced by one year for you.
To be continued.
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