When can spouses and descendants acquire German citizenship?
Spouses and descendants of late resettlers included in the admission decision acquire the legal status of a German after admission to Germany, provided that their inclusion in the admission decision has not lost force. With the issuance of the certificate of status as a late resettler, these spouses and descendants, as before, acquire German citizenship.
In which cases is there a right to participate in an integration course?
Late resettlers, as well as their spouses and descendants included in the admission decision for late resettlers, have a legal right to free participation in an integration course (language and orientation course) totaling 630 teaching hours. The courses are conducted jointly for resettlers and foreigners. If necessary, the state provides socio-pedagogical support and childcare.
What are the transitional rules?
For all persons who received an admission decision before December 31, 2004, or who were included in the admission decision of a late resettler, admission is carried out according to the previously applicable rules. In the case of registration and distribution before January 1, 2005, the conduct of the examination procedure remains the responsibility of the federal states. The Federal Expellee Law, as amended by the "Immigration Act", requires further specification in the form of general administrative regulations of the Federal Ministry of the Interior.
The "Immigration Act" and the Commission for Exceptional Cases
The existence of the Berlin State Commission for Exceptional Cases has now received a legal basis in federal and state legislation. Previously, the Senate Department of the Interior could only forward to the foreigners authority (Auslanderbehorde) the request of the Commission for Exceptional Cases to grant a foreigner the possibility of staying in the country, taking into account the exceptional nature of the situation, if this was possible in accordance with the law.
Now, according to the "Act on the Residence of Foreign Nationals", the Senate Department of the Interior, as the supreme administrative authority of the federal state, may, upon application by the Commission for Exceptional Cases, oblige the foreigners authority to issue or extend a residence permit to a foreigner even if the conditions required by law for issuance or extension are not met, but compelling or personal reasons justify the foreigner's continued stay in Germany.
The Senate Department of the Interior may make its decision on whether to follow the application of the Commission for Exceptional Cases dependent on the foreigner having sufficient means of subsistence without using public funds.
As before, foreigners do not have an unconditional right to have their residence matter reviewed by the Commission for Exceptional Cases. The question of examining a specific case in the Commission must be raised by one of the Commission's members.
The members of the Commission for Exceptional Cases in Berlin are:
1. The Commissioner for Integration and Migration of the Berlin Senate or a representative appointed by him/her.
2. A representative of the Senate Department for Women's Affairs.
3. A representative of the Catholic Church.
4. A representative of the Evangelical Church.
5. One representative each from the League of Charitable Unions, the Refugee Council, and the Berlin-Brandenburg State Council on Migration Issues.
Changes in the right to political asylum
The new "Immigration Act" stipulates that non-state persecution is now a sufficient reason for recognition of refugee rights. Previously, a foreigner could be recognized as a convention refugee only if the persecution he/she suffered in his/her home country originated from the state or could be attributed to the state. Thus, in countries where, due to civil war, no state authority exists, persecution by private individuals could not be recognized at all as persecution within the meaning of the Geneva Refugee Convention. This was the case, for example, in Somalia.
Now the condition for classifying persecution within the meaning of the Geneva Refugee Convention is that state authority in the country of origin, or – if it has ceased to exist – any party or organization governing the state, as well as any international organization, is unable to provide protection.
In addition, the new "Immigration Act" introduces persecution on grounds of gender as a new reason for flight. For example, a woman fleeing after having suffered genital mutilation, or if such mutilation threatens her, may be recognized as a convention refugee.
In addition, the legal position of convention refugees after recognition of their status has been improved. After just three (instead of eight) years, they are entitled to indefinite stay (permanent residence permit) if the Federal Office for Migration and Refugees informs the foreigners authority that the conditions for revoking or withdrawing this right do not exist.
Convention refugees now have the right to have their children and spouse join them under family reunification, provided there is sufficient living space and means of subsistence. Even if these conditions are not met, the foreigners authority (Auslanderbehorde) may, at its discretion, permit reunification.
The right to political asylum now also extends to family members of convention refugees. They must satisfy the conditions applicable to family members of persons entitled to political asylum. The previously applicable rule according to the Law "On the Procedure for Granting Political Asylum" applied only to persons entitled to political asylum.
What has changed in the procedure for granting political asylum?
What is new is that in the procedure for subsequent granting of political asylum, "self-created reasons after flight" are no longer a basis for granting the status of convention refugee. This applies to any political activities in exile and means a deterioration compared to the previously applicable law. Although previously such reasons also did not lead to recognition of the right to political asylum, protection against expulsion from the country was often provided by granting the status of convention refugee.
Conclusion in the next issue.
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