So far, for eligible persons, emigration under the status of contingent refugee does not pose any particular problems. The only barrier was the waiting time for a decision on the application. The institutions of the state of Baden-Württemberg are known for their particular slowness, where processing of paperwork takes 5-6 years; officials of other federal states work faster. The issuance of consent to admission is linked to receiving a direction for residence in a specific state of the Federal Republic of Germany.
A prerequisite for the assignment of contingent refugee status is descent from at least one Jewish parent. From the point of view of the competent German authorities, a Jew is anyone whose documents from the Soviet period contained a record of belonging to the Jewish ethnic group. This descent must be reliably proven by presenting original documents. Later certificates and testimonies after 1991 are not taken into account and are not considered reliable proof of descent. Minor children, non-Jewish spouses, and adult unmarried children living in the family of a contingent refugee may relocate to Germany together with the main applicant. The family members themselves do not have to meet the criteria for receiving the resettler status.
Now, information has leaked from various "reliable sources" that only persons no older than 45 will be accepted, and that applicants for the status will be required to have a certain knowledge of the German language. This knowledge can be acquired in courses, so that it will be possible to re-apply after completing these courses. In principle, perhaps, earlier acquisition of a certain knowledge of the German language is in the interests of potential immigrants. The "scare story" in the circulating rumors is the supposedly new requirement of independence from public support for contingent refugees after resettlement in the Federal Republic of Germany.
The question arises: what should be understood by this "independence"? Germany is a country with a high cost of living. Able-bodied resettlers with a sought-after specialty need a one to two year adaptation phase to learn the language and find their first job. Who can afford to live on their own means during this transition period? Perhaps one or two Abramoviches and Khodorkovskys, or people from their circle. And what should art historians, literary scholars, economists, and people of advanced age do, who with a high degree of probability will not find work in Germany? Rather, the requirement of "independence" should be understood as a job forecast that, with a high degree of probability, gives grounds to speak of a real establishment and entry into labor and other relations of the Federal Republic of Germany in the foreseeable period. These changes are allegedly to take effect from 2006; some sources even mention 2005.
How should one treat these rumors? I would say with cautious trust, but without panic. Some changes will certainly occur. The agreement between the Central Council of Jews in Germany and the Federal Government of the Federal Republic of Germany on the admission of what were then still Soviet Jews was concluded in early 1991. Since then, the situation has changed radically, both in the successor countries of the USSR and in Germany and the world.
As a result of the 14 years of the program for accepting Jewish emigrants from the former USSR, the burden on the country's social budget constitutes a significant amount.
Probably, the federal government no longer feels bound by this agreement, which from the very beginning had the character of administrative directives. A special law on the immigration of contingent refugees was never created, despite a number of timid attempts in the past to give the immigration process a legislative basis. This means that the federal government can, with a stroke of the pen, cancel the instructions once approved by itself. To do this, it does not need to overcome the high barriers of parliamentary hearings and other complex democratic legislative procedures.
The new immigration law itself mentions the category of contingent refugees as privileged foreigners, but does not contain admission criteria. The definition of these criteria remains the prerogative of the government. The disputes, by the way, are about which government? The state interior ministers would like to resolve this issue within their responsibility. Can you imagine what fragmentation would then reign in admission rules! One should also take into account the opinion of the German Foreign Ministry, which points to international involvement in connection with diplomatic démarches by the Israeli authorities, as well as representations by the governments of the countries of origin. I do not think that the central authority of the Federal Republic of Germany will release this issue of federal significance from its control and hand it over to the state authorities.
One gets the impression that a deliberate leak of information was organized by interested circles. This trial balloon was supposed to force the parties to state their positions and encourage potential contingent refugees in the CIS countries to make a final decision 'for' or 'against' resettlement in Germany. Perhaps the first bell has rung, announcing the end of the program for accepting contingent refugees. Still, I would not make hasty conclusions now based on newspaper information of unclear origin.
I would like to give concrete recommendations to those applicants from the CIS countries whose requests for admission to Germany are being processed. Petitioners often face the problem of proving the descent of children. Unclear documentation of family relations forces the German embassy to suspect that in reality we are talking not about biological, but about adopted children of a Jewish emigrant. Often these doubts have to be dispelled by conducting a genetic test. This procedure is very labor-intensive and time-consuming. It is easier to prove family relations by presenting indirect documents (school certificates, medical records, other suitable evidence).
Also, one should collect all original documents from the Soviet period and contact the embassy with a request for prompt consideration of the papers. It is recommended to make efforts to obtain a decision from the German authorities before 2006. Applicants would do well to start attending German language courses now, while still living in their country of origin. I believe that the German embassy will not conduct a German language exam itself; it will suffice to present a certificate of completion of language courses authorized by the embassy. Perhaps these certificates could speed up the processing of the application. These sensible actions will benefit status applicants in any case, even if reports of the anticipated changes do not come true.