The problem of applicants from the Balkan region was solved by declaring these countries safe states where human rights are not violated. Asylum applications from citizens of Balkan countries are processed on an expedited basis.
Europe is forced to somehow receive and accommodate refugees from the Near and Middle East, Africa, Afghanistan. Refugee camps in Turkey, Lebanon, and Jordan are overflowing with masses of people who have lost everything or had nothing before. Germany is airlifting Syrian refugees from overcrowded camps to its territory. In February 2015, the Federal Office for Migration and Refugees (BAMF) granted refugee status under the Geneva Convention to almost 37% of applicants. This high recognition rate means access to all the country's social systems and the labor market for many tens and hundreds of thousands of recognized refugees. Some applicants were able to stay in Germany under a weaker protection status against deportation. By the end of February 2015, BAMF had accumulated nearly 190,000 unprocessed asylum applications, and each month another 20-25 thousand cases are added.
Among this mass, some asylum seekers from war-torn Ukraine are lost. The chances of a Ukrainian citizen obtaining refugee status are small; Ukraine is not Syria. War or civil war cannot justify the right to asylum; one should not be deceived by the high recognition rate of almost 40%. For Ukraine, the principle of internal protection applies. Most of Ukraine's territory is not affected by hostilities, so residents of the conflict zone could move to these calmer parts of their country as internal protection, according to BAMF. It does not matter that refugees from eastern Ukraine lack a material base for living in the western regions: work, housing, infrastructure, medical care. The Ukrainian state is obliged to support its citizens.
The right to asylum is granted by proven persecution by the authorities or affiliated structures. In conditions of hostilities, this happens all the time, so some asylum seekers may hope for success of their application. The applicant must apply for asylum in the first safe country on their route. Germany has no land border with Ukraine. Therefore, one cannot simply enter Germany by transport and apply for asylum here. BAMF will not accept the application for consideration and will return the applicant to Hungary, Poland, or Romania – to apply in the first safe country on their route. So the first important step is BAMF's acceptance of the asylum application and the first interview.
During the processing of the asylum application, applicants are housed in dormitories of varying quality. All previously used dormitories are overcrowded, and gymnasiums, empty barracks, and factory premises are being hastily converted into housing for refugees. These shelters are populated by representatives of all nations and continents, especially from Arab countries, and a significant portion of refugees are traumatized by military actions.
As I already noted, success for an application is promised by proven persecution by state or affiliated structures and the forecast of continued persecution in the western regions of Ukraine. A refusal of asylum can be appealed in court. Sometimes the court rules in favor of the applicant. In summary, I would like to note that the chances of an application succeeding are small, while personal obstacles and complications are high.
New developments in legislation on the legal status of foreigners significantly change the 'rules of the game'. By the end of summer 2015, a new version of the law on the legal status of foreigners is expected to come into force. Foreigners living in Germany without a secure legal status will receive the right to work. They will be able to acquire the right to live and work in Germany through rapid integration into German employment relations. This position is justified by the needs of German industry and the humanitarian and demographic realities of an aging Germany. Access for asylum seekers to the general and vocational education system will be regulated in a new, more lenient way. If, of course, the current draft law becomes a reality. The draft law provides for a visa solution for difficult cases through reliable employment relations. In other words, those who have managed to find work in Germany and live without public assistance will be able to obtain a residence permit in the country.
This information may be of interest to foreigners who are in the process of forced termination of residence in Germany. Those who have managed to reach Germany on their own, even without the permission of the German government, have made it, and now will be able to 'sit out and work' their way to the right to further residence. First of all, this concerns young, healthy people undergoing training in a trade or craft profession. Their efforts to integrate into the German labor market will be rewarded with a residence permit in the country. Another criterion will be the age of the foreigner. The government will remove or reduce a number of visa barriers for young people who have been living in Germany for several years without a secure residence permit.
Thomas PUE,
German lawyer.
Specially for 'Zagranitsa'.