The mass media widely covered the process of adopting the legislative package, but its specific significance for Russian Germans is becoming clear only now. After the preparatory phase, the Federal Administrative Office began sending mysterious warning letters and unclear admission decisions to Germans from CIS countries, which cause great misunderstanding and anxiety among recipients. I judge this by the panicked phone calls to my office. To illustrate, I would like to cite several typical cases.
Example 1. A Russian German woman, Anna Bauer (widow), received an admission decision (Aufnahmebescheid) under §4 BVFG. Her daughter Karina Ivakhnenko and granddaughter Inna Ivakhnenko are included in Anna Bauer's admission decision under §7 BVFG. Karina's Russian husband, Alexander Ivakhnenko, is not included in the admission decision. Does this mean that under the new legislation he will not be able to resettle in Germany together with his wife and child? Of course not, but the resettlement procedure has become more complicated.
The new law eliminated the category of foreign family member of a late resettler under §8 BVFG. Now Karina Ivakhnenko, together with her mother and child, must herself resettle in Germany, obtain a late resettler certificate on site, and then apply for reunification with her foreign spouse. As a rule, Alexander Ivakhnenko will receive this family reunification permit without problems. This path is impractical because it takes several months. Anna Bauer and Karina Ivakhnenko will have to do without male support during the most difficult period of adaptation. I also fear that not all families will endure a separation lasting many months. It would be better if the whole family entered Germany at the same time, but the law requires such a separate entry.
Example 2. Vladimir Schmidt, 45 years old, received an admission decision that includes his 10-year-old son and his non-German wife Olga Schmidt under §7 BVFG. The name of his elder son, 19-year-old Anton, is absent from the admission decision. Before January 1, 2005, joint resettlement of the entire family posed no problems. The spouse and all descendants of a late resettler were included in his admission decision under §7 BVFG. Now inclusion is guaranteed only for children under 14 years of age. All other adult family members must successfully pass a German language test for descendants. Only in that case will they be entered into the main applicant's admission decision.
How was it that Russian Olga Schmidt was included in her husband's admission decision under §7 BVFG, while his elder son of German descent was not? In general, it happened by chance. Olga accompanied her husband Vladimir to the language test. Learning of the wife's presence, the examiner also invited her into the office and conducted the test for non-German family members. Olga had studied German at school and often spoke German with her husband's grandmother. Therefore, she passed the exam without any problems and was granted status under §7 BVFG. Anton did not take part in the test and therefore was not included in his father's admission decision.
Example 3. A Russian German woman, Emma Kruglova, married Nikolai Kruglov a year ago. At the time her admission decision was issued, she was not yet married, so N. Kruglov is not included in her decision. The Federal Administrative Office refuses, upon the application of the late resettler, to include her new husband in the admission decision. E. Kruglova suspects that the issue is a 'fresh' marriage and that she will now have to wait another two years before her husband can resettle in Germany. That is what 'knowledgeable' people told her. In fact, E. Kruglova must first resettle in Germany herself, obtain a late resettler certificate, register her place of residence, and then apply for family reunification.
Example 4. Vladimir Schmidt's son, Anton Schmidt, failed the German language test for family members. In May, the Federal Administrative Office refused in writing to include him in his father's admission decision under §7 BVFG. Anton Schmidt appealed this refusal and petitioned for a second language test. The Office allows the test to be repeated, so Anton receives a second appointment at the consulate general, at which he also fails. Now the Office definitively rejects A. Schmidt. The refusal includes a section 'Obtaining legal assistance,' in which A. Schmidt is offered a one-month period to file a complaint with the court. I recommend, as a precaution, to file the required complaint and then seek advice from a specialist. Various individual situations are possible, where only a timely complaint gives chances for successful resettlement in Germany.
The refusal is based on Anton Schmidt's lack of knowledge of German at the level of Start Deutsch I, and after some time he may demand the resumption of the proceedings in his case for the award of §7 BVFG. He can justify his demand on changed circumstances, namely his mastery of German at the required level. Alternatively, he can submit to the Federal Administrative Office a certificate of completion of language courses at the Goethe Institute in the CIS.
Example 5. Vladimir Schmidt resettles in Germany in April 2005. As early as February, he petitioned to include his adult son Viktor, together with his family, in his admission decision. The Office rejects this petition. Previous legal practice allowed in such cases the inclusion of Viktor in his father's admission decision retroactively, i.e., after the main applicant's resettlement in Germany. The Federal Administrative Office believes that the new legislation has abolished the possibility of retroactive inclusion in an admission decision. I do not share the Office's opinion and see the requirements of the law differently. In this area, I foresee considerable disputes with the Office. In any case, I do not advise V. Schmidt to resettle in Germany until his son and his family are included in his admission decision.