The question of the legal status of 186,000 foreign refugees in Germany had been troubling the German authorities for years. Probably no serious politician denied that a breakthrough was ultimately necessary in this problem. After all, the situation with unrecognized refugees holding the precarious Duldung status (which translates to Russian as "терпение" - "patience") and facing the threat of deportation almost daily had long transformed from a simple immigration policy issue into a serious societal problem.
On one side of this problem were specific people from the former Yugoslavia, the CIS, or Afghanistan, many of whom had children born in Germany who knew no other country but the Federal Republic of Germany, yet still faced deportation to a homeland that had long become foreign. On the other side was the vast police-bureaucratic apparatus of a country that no longer wished to tolerate billions in social payments for this category of foreigners. Clearly, such a standoff could not continue indefinitely, but politicians for years could not muster the courage to take the decisive step: recognizing the right of tens of thousands of people to reside in the country.
The decision was postponed until it became clear to everyone that further delay was not only pointless but also dangerous. Although German society seemed accustomed to such a state of affairs. Suffice it to recall the debates over the disposable packaging law or healthcare reform projects. Not coincidentally, perhaps, SPD internal affairs expert Dieter Wiefelspütz, commenting on the current situation (about 20,000 unrecognized refugees who had lived in Germany for over 20 years with Duldung status), could only say: "This is complete idiocy!"
The crafting of a painful compromise between proposals from federal politicians of the grand coalition and state interior ministers sometimes indeed resembled theater of the absurd. The draft of a new legislative rule prepared in Berlin proposed the following sequence: first a residence permit, then work. State politicians saw the situation in the opposite order: first work, then full legalization of stay.
In the end, they agreed on the following solution: refugees who have a job and have lived in the country for 6 (for singles, 8) years receive a two-year residence permit. Those currently without a job must find one by September 30, 2007. Only then can this category of foreigners hope for the coveted sticker in their passport. Under what conditions this permit could be extended was not clarified at the Nuremberg meeting. State ministers proposed extending the residence permit to those who would have a job within two years and could support themselves after that period. The Federal Ministry of Labor's proposal used "or" instead of "and." The final document contains no clarification at all. It turns out that state foreigner offices can decide this matter at their discretion. Moreover, as social democrat representative from Schleswig-Holstein Ralf Stegner has already stated, foreigners who have not found work within two years but are "making conscientious efforts" will still be able to stay legally in Germany.
According to data from the Ministry of the Interior, there are currently 20,000 unrecognized refugees in the country who already have jobs. Since last Monday, all of them could submit an official application for a "normal" residence permit. Another approximately 80,000 people who fall within the time frame of the new rule have neither a job nor, in most cases, a work permit. Until now, refugees' rights in job searches came after those of German citizens and EU citizens. Additionally, the law restricted their freedom of movement within the country. Simply put, a refugee could only hope for a job if no German agreed to it, then no EU citizen, and if the job was located within the municipal district where the foreigner was forced to "register." In practice, this often resulted in months-long battles with German bureaucrats at the relevant authorities. Whether such restrictions will now be lifted remains unclear.
Applications for a residence permit, according to the decision of the Conference of Interior Ministers, can be submitted within the next 6 months. Officials at state foreigner offices will consider factors such as applicants' knowledge of the German language, absence of convictions for serious crimes, and non-participation in terrorist or extremist organizations.
Excluded from the new rules are those foreigners who deliberately misled German authorities regarding their identification data or the true reasons for coming to Germany. So, the example of refugees who destroy their passports upon arrival in Spain or conceal their nationality clearly does not apply in Germany.
Politicians also provided for certain exceptions to the new rules they prepared. These mainly concern the elderly and socially vulnerable categories. For example, single people with young children, those in need of medical care that cannot be provided in their home country, and persons over 65 can obtain a residence permit even without a job.
As experts suggest, the wave of mass deportations practiced by German authorities in recent years will likely be effectively brought to a standstill during the period until September 30 next year. At least, politicians from the state of Berlin have already announced similar plans. At the same time, it is assumed that the arrival of new refugees in Germany will be "more strictly controlled."
The decisions taken at the meeting in Nuremberg, however half-hearted they may seem, are undoubtedly an important step. It is noteworthy that the new rules were adopted only when a grand coalition came to power in the country. After all, neither Helmut Kohl's government nor Gerhard Schröder's had been able to do so. However, the authors of the innovations were least concerned with the humanitarian aspects of the problem. None of the politicians particularly tried to hide that in the conditions of 4 million unemployed, additional costs for supporting refugees were extremely difficult for the country to bear.
Most likely, the first fundamental decision in immigration policy in unified Germany will remain the last. In any case, it is hardly to be hoped that in the coming years liberal trends in the reception of foreigners in Germany will prevail over conservative views, which today receive broad support not only from the country's political elite but also from German society.
The issue of political refugees concerns almost all developed countries of Europe. They resolve it in different ways as well.
For example, Spain in 2005 granted residency permits to half a million illegal immigrants, which brought a boost to the economy and real money to the country's social funds. Britain, on the contrary, sets almost impossible conditions. Namely, the applicant must have a valid foreign passport. Many have expired documents, and embassies refuse to renew them.
In France, people who had lived in the country for 10 years could freely legalize until last year. Now, only families with school-age children have the right to stay, and they must also meet some highly controversial criteria.
Italy legalized 1.4 million people in several stages, while in the Netherlands the question of how to deal with 26,000 people who are in the country but not recognized as political refugees is still being hotly debated.
Vladimir Gushchin.
Russkaya Germaniya