Good old times...
Many applicants for late resettler status still keep these yellowed papers in their home archives. In certain situations, using this document, which has not lost its validity, may be more advantageous for the applicant than going through the usual procedure for granting late resettler status. The German authorities issued these entry permits to Russian Germans from the 1950s through the 1980s. However, they were not a guarantee of being granted a specific status for residence in the Federal Republic of Germany.
The essence of this paper is quite simple. Its owner had the right to obtain a German visa to enter Germany for a very specific purpose. After crossing the German border, he applied to the local office for expelled persons with a petition to grant him the status of an expelled person or late resettler. This means that the entire application review procedure took place on the spot, in Germany.
…gone forever, but the paper remains
In the early 1990s, the procedure for accepting resettlers in Germany was changed. Now a candidate for resettlement has to wait for years for a decision on his petition. An applicant can enter Germany only with a decision on acceptance in his pocket. This decision is a temporary certificate of late resettler status. The final verification of all the circumstances of the case and the establishment of status falls under the jurisdiction of the local offices for expelled persons already in the territory of the Federal Republic of Germany. Thus, the modern process of repatriation of Russian Germans to Germany has a two-stage character. In my opinion, this has led to an unnecessary duplication of administrative structures and the costs of maintaining them.
Many applicants among Russian Germans do not attach importance to the old permit. And in vain. This paper continues to remain valid. Of course, reactivating an old permit involves a number of special features. Only the persons named in this document have the right to enter. For example, a permit from 1957 lists a child born in 1953. This now no longer a child but a mature man has the right to enter Germany. His adult children and minor grandchildren do not have such a right.
Pitfalls you should know
Suppose a Russian German entered the Federal Republic of Germany in 2001 on the basis of an entry permit from 1960. Already on the spot, in Germany, he successfully went through the procedure for granting late resettler status. His children and grandchildren remaining outside the Federal Republic of Germany must either conduct their own procedure for recognition as late resettlers, or seek entry into Germany on the rights of foreigners. The legal position of the wife of a late resettler is quite clear: she can live in the territory of the Federal Republic of Germany together with her husband without any problems.
In families where children and other descendants do not meet the criteria for granting late resettler status, I do not recommend that the older generation enter Germany alone. Only the granting of this status in places of permanent residence gives a Russian German the opportunity to include children and grandchildren in his decision on acceptance as descendants according to §7 BVFG.
The following important circumstances should always be taken into account. An entry permit is not a guarantee of status being granted. The officials who issued this permit checked the circumstances of the case only superficially, on paper. It is possible that the local offices for expelled persons will come to different conclusions. After all, 45 years or more may have passed since the permit was issued. Clearly, much has changed during this time. Therefore, selling an apartment, quitting a job, and other steps of a final parting with the former homeland can lead to great difficulties if the applicant fails to obtain the desired status.
When can the use of an old entry permit be justified? In the following cases, I consider the use of an old entry permit and the conduct of the late resettler status procedure in the Federal Republic of Germany to be justified.
The applicant and his family members have been finally refused late resettler status under §4 and §7 BVFG. All avenues of protest have also been exhausted. Using the old permit remains the only possibility to enter the Federal Republic of Germany.
After entering the country, one will still have to apply to the office for expelled persons. The law gives the holder of an entry permit the right to choose. He can demand that the admission procedure be carried out under the old legislation in effect before 1993. He also has the right to demand that his person be checked against the criteria for granting status according to current legislation.
Before 1993, knowledge of the German language was not an absolute condition for granting the status of an expelled person or resettler. With the intensification of mass immigration from the collapsing USSR and the new successor states of the former Soviet empire, the German authorities needed more reliable criteria for determining belonging to the German people for all those wishing to leave for economically more prosperous Germany. This circumstance served at the time as the basis for changing the law.
Advantages of the old legislation
The old legislation required the so-called consistent family transmission of belonging to the circle of German culture. This means the following. The parents or one of the parents, as well as more distant ancestors in the direct line, by the time of the start of the war had to actively participate in the life of the German community and be recognizably part of the circle of German culture for those around them.
Corresponding principles applied to subsequent generations. Competent officials must verify the applicant's active participation in the life of the German community and the formation of his national identity in the family traditions of the German ethnic group. Such hereditary-family transmission in purely German families was considered automatically recognized.
The language difficulties of the younger generation of Russian Germans did not play such a decisive role in assessing belonging to the circle of German culture as they do today. In a word, the old legislation allowed the possibility of belonging to the German people without sufficient knowledge of the German language. Thus, carrying out the examination procedure under the old legislation gives one more chance, perhaps the last, to gain admission to Germany.
Cases are also permissible where an applicant for status intends to resettle in the Federal Republic of Germany alone, without a family. The absence of children who might someday want to live in Germany provides such an opportunity. There is no point in waiting for many years at one's place of permanent residence for the conclusion of the review of one's resettlement application.
In general, entry into Germany under the old permit not only represents great legal uncertainty, but also gives a chance in seemingly hopeless situations (carrying out the admission procedure under the old legislation). However, it should be borne in mind that in specific circumstances only a specialist can correctly assess a complex situation and help all family members resettle in Germany.
Thomas PUE, German lawyer
Specially for «Zagranitsa».