The revision of the decree of May 2015 significantly lowered the barriers to migration to Germany under the status of Jewish resettler.
The first change is sensational. The right of resettlement is granted to second-generation descendants of Jews. This means that proof of a Jewish ancestor is sufficient at the level of a grandparent. Previously, the reception authority required proof of one Jewish parent. Jewish origin at the level of second-generation ancestors was considered sufficient for resettlement in Germany under the status of Jewish resettler for persons born after January 1, 1990. The new decree of the Federal Ministry of the Interior has completely abolished the reference to this date. The new rule of sufficient second-generation ancestors naturally significantly expands the circle of eligible persons who can demand acceptance in Germany under the status of Jewish resettler.
Applicants who were rejected on the grounds of proven Jewish ancestry only at the second-generation level (failure to prove origin at the parental level) may submit new applications for acceptance in Germany. The deadlines for submitting such a new application are unclear; as a precaution, I recommend doing so no later than three months after receiving information about the new admission rule.
The right to re-resettle in Germany was granted to 'overdue' persons. These are potential resettlers who did not use the entry permit they had already received for Germany. As is known, a received resettlement permit must be utilized within one year of delivery of the permit to the addressee. Some extension of the permit is permissible. Failure to travel to Germany within the specified time frame invalidates the resettlement permit. Re-submission of an application is not permitted. Some exceptions existed regarding the submission of a new application for acceptance until December 31, 2007 (this was the case until May 21, 2015).
The admission rules of May 21, 2015 give another resettlement chance to residents of the former USSR countries (with the exception of the Baltic States) with an expired resettlement permit to Germany. All resettlement permits that expired before December 31, 2008 become irrelevant for admission to Germany. The admission rules of 21.05.2015 allow re-submission of an application for admission to Germany. All interested persons with expired admission permits may submit a new application without any other prerequisites.
Unused admission permits that have lost their validity between January 1, 2009 and December 31, 2015 may be renewed 'for compelling reasons.' Of course, the term 'compelling reason' is specified based on the circumstances of each individual case. The most commonly cited reason I have encountered that prevented timely resettlement in Germany is the reference to serious illness of parents or in-laws, the need to care for them. Other reasons are, of course, conceivable: desire to work until retirement, studies, complicated relations with local authorities, life circumstances of children, and other personal situations.
The wording 'compelling reasons' provides ample room for interpretation depending on the specifics of each case. A rejection by the authority for accepting Jewish resettlers on the grounds of 'failure to prove compelling reasons' can be appealed in court in the manner prescribed by law. Now, in court, lawyers will decide what 'compelling reasons' are in the case of a specific Jewish resettler. The rules of 'compelling reasons' apply only to the period after December 31, 2008.
Residents of regions affected by armed conflicts (meaning primarily Ukraine, but other regions are also conceivable) are exempt from the language test before resettlement in Germany. Applications for admission from residents of these regions are processed first in an accelerated mode with reduced requirements for submitted documents.
The new rules for accepting Jewish resettlers open up entirely new resettlement prospects for a fairly wide range of persons – both those applying for admission for the first time and those who have received refusals of admission to Germany, as well as holders of expired resettlement permits to Germany under the status of Jewish resettler.
Thomas Pue,
German lawyer.