Keywords from A to Z

Deportation is a compulsory enforcement of the obligation to leave the country. It may only be carried out if the obligation to leave the country is enforceable and if the voluntary departure of the foreigner is not assured or if monitoring of the departure appears necessary for reasons of public safety and order (cf. section 58 Residence Act - AufenthG).

Labour migration is regulated by the Residence Act and the Ordinance on the Admission of Newly Arriving Foreigners for Employment (BeschV). The Residence Act lays down the principle that the admission of foreign employees and self-employed persons is based on the requirements of Germany as a business location. In doing so, the conditions on the labour market and the need to effectively combat unemployment must be taken into account. This requirement is expressed in particular in the fact that foreigners may only be permitted to work in the first few years of residence if no Germans or other persons with preferential rights are available for the job.

The recruitment ban for non-skilled and low-skilled workers is retained. They can only be admitted in certain cases (e.g. as seasonal workers in agriculture). Qualified workers can also only be admitted in cases where the Employment Regulation provides for it. On the other hand, the conditions under residence law for highly qualified persons and their family members have been eased. The introduction of the so-called "one-stop-government procedure" has made the administrative procedure easier for the foreigner, because the Foreigners Authority is now the sole contact person - also for questions of employment. If necessary, the foreigners authority involves the labour administration in an internal administrative procedure.

Self-employed persons can receive a residence permit if there is an overriding economic interest or a special regional need, the activity can be expected to have a positive impact on the economy and financing is secured. After three years, a settlement permit can be granted if the planned activity has been successfully realised and the foreigner's livelihood is secured.

Persons entitled to asylum are foreigners who have been recognised by the Federal Office for Migration and Refugees (formerly the Federal Office for the Recognition of Foreign Refugees) as entitled to asylum according to Article 16a of the Basic Law. Spouses and underage children of persons entitled to asylum are in principle also granted asylum (family asylum).

Asylum seekers are foreigners who apply for protection as politically persecuted persons according to Article 16a (1) of the Basic Law or refugee protection according to the Convention relating to the Status of Refugees of 28 July 1951 (Geneva Refugee Convention) because their life or freedom is threatened in the country of origin because of their race, religion, nationality, membership of a particular social group or because of their political convictions. Article 16a (1) of the Basic Law cannot be invoked by anyone entering from a safe third country as defined in section 26a (2) of the Asylum Procedure Act. This does not exclude refugee protection under the Geneva Refugee Convention.

A foreigner who invokes the right of asylum (asylum seeker) must go through a recognition procedure laid down in the Asylum Procedure Act. The Federal Office for Migration and Refugees (BAMF), which is part of the portfolio of the Federal Ministry of the Interior, is responsible for conducting the asylum procedures for all asylum seekers.

In principle, a foreigner is obliged to leave the country if he does not have or no longer has the required residence permit. For example, if he or she has a residence permit, he or she may be expelled by special order under certain conditions. Compulsory enforcement of the obligation to leave the country takes place if the foreigner does not comply with this obligation. However, obstacles to deportation must be taken into account: deportation is not permitted if the foreigner falls within the scope of protection of the Geneva Refugee Convention. However, this prohibition of deportation does not apply if the foreigner represents a danger to the security of the Federal Republic of Germany or a danger to the general public for serious reasons because he or she has been convicted of particularly serious criminal offences. A foreigner may not be deported to the state in which there is a concrete danger of torture or the death penalty for the person concerned. Deportation may also be inadmissible under provisions of the European Convention on Human Rights. (cf. §§ 50-60a AufenthG)

The new Immigration Act is based on three residence titles: Residence permit, settlement permit and visa. The residence permit is generally granted for a limited period; the settlement permit, on the other hand, is unlimited in time and territory and entitles the holder to pursue gainful employment.
The residence permit is granted for the purposes specified in the Residence Act. These are

• Residence for the purpose of gainful employment (§§ 18-21 AufenthG),
• Residence for reasons of international law, humanitarian or political reasons (§§ 22-26 AufenthG),
• Residence for family reasons (§§ 27-36 AufenthG) and
• Residence for the purpose of education (§§ 16-17 AufenthG).

The issuance of a residence permit for each of these purposes is subject to separate requirements.
An extension of the residence permit is subject to the same requirements as the initial issuance. However, the competent authority may exclude an extension if the purpose of the residence permit is only temporary. When renewing the residence permit, it must now also be taken into account whether the foreigner has fulfilled his or her obligation to properly attend an integration course.

The Residence Act (AufenthG of 30.07.2004, BGBl. I p. 1950) is the core of the Immigration Act. It regulates the entry, residence, settlement, employment and termination of residence of foreigners. In addition, the Residence Act also regulates for the first time the overarching foreigner policy objective of promoting integration. The principles of state integration measures are laid down in sections 43 to 45 of the Residence Act and are supplemented by the Ordinance on the Implementation of Integration Courses for Foreigners and Late Repatriates. The Residence Act does not apply to citizens of the Union who are entitled to freedom of movement and their family members as well as diplomats.

A foreigner who applies for asylum (asylum seeker) is permitted to stay in the Federal Republic of Germany in order to carry out the asylum procedure (section 55 (1) AsylVfG). The residence permit expires, among other things, when the decision of the Federal Office for the Recognition of Foreign Refugees is unappealable. With recognition as a person entitled to asylum or a refugee within the meaning of the Geneva Refugee Convention, a foreigner is entitled to be granted a residence permit entitling him/her to engage in gainful employment (section 25 (1) and (2) Residence Act).

For entry and residence, foreigners generally require a permit, which is issued in the form of a residence title. With the Immigration Act, the number of residence titles was reduced compared to the regulations in the former Aliens Act: Residence Permit, Permit for Permanent Residence-EG, Settlement Permit and the Visa. The residence permit is generally issued for a limited period; the settlement permit, on the other hand, is unlimited in time and space and entitles the holder to pursue gainful employment. The permit for permanent residence EC, which is based on EU law, is an unlimited residence title which foreigners receive after five years of legal residence in a member state of the European Union or Germany. This title includes the right to move on to another member state and, like the settlement permit, offers third-country nationals extensive equality with their own nationals, e.g. in terms of labour market access and social benefits. Residence titles issued by a German mission abroad before entry are called visas. In principle, there is an obligation to obtain a visa prior to entry. The prerequisite for the issuance of a visa depends on the prerequisites for the residence title subsequently sought (cf. section 6 para. 4 sentence 2 Residence Act).

A foreigner is anyone who is not German within the meaning of Article 116 (1) of the Basic Law, i.e. does not have German citizenship. Foreigners enjoy freedom of opinion, assembly and association. They may participate in political parties and municipal committees (insofar as state law provides for this). However, with the exception of the right to vote in municipal elections for Union citizens, the Basic Law does not allow foreigners to vote in Bundestag, Landtag and municipal elections.

Expulsion is a specific administrative act under aliens law against foreigners who have committed a criminal offence, by which the residence title expires and the foreigner is obliged to leave the country. It ends the lawfulness of a foreigner's residence and has a blocking effect ( § 11 ban on entry and residence). The Immigration Act has simplified the possibilities of deportation, especially for so-called hate preachers and in cases of state protection. In cases of the most serious crimes and in the event of a conviction for smuggling in, a foreigner must be deported without parole. Expulsion is possible if the foreigner's stay impairs public security and order or other considerable interests of the Federal Republic of Germany.

While the term Union citizen covers every national of an EU Member State, third-country nationals are nationals of states that do not belong to the European Union or the European Economic Area (EEA).

Since 1 September 2003, the Dublin Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003 (Dublin II) has replaced the Dublin Convention. It lays down the criteria and the procedure for determining the State responsible for an asylum application lodged in the EU Member States (as well as Norway and Iceland). According to the Regulation, only one state, to be determined according to objective criteria, is responsible for examining an asylum application. The basic idea is that, as a rule, the state to which the asylum seeker can be attributed for having entered the territory of the European Union (by issuing a visa, by enabling visa-free or illegal entry across the EU external border) is responsible for processing the asylum application. If the state responsible cannot be determined, the Member State in which an asylum application was first lodged is subsidiarily responsible. However, the Regulation also contains a large number of exceptions, for example for the protection of underage asylum seekers or for family reunification. The clear responsibility provisions of the Dublin II Regulation are intended to ensure that no Member State of the Union considers itself not responsible. The Regulation guarantees that an asylum procedure will be carried out. At the same time, it is intended to prevent an asylum seeker from applying for asylum in several Member States at the same time or in succession ( so-called asylum shopping ). In addition, a fast asylum procedure is to be ensured.

The toleration (§ 60a Residence Act) is not a title that entitles the holder to stay. It has the effect of temporarily suspending the deportation of a foreigner who is obliged to leave the country. The obligation to leave the country remains. The toleration is granted as long as deportation is impossible for factual or legal reasons, for example because there is an obstacle to deportation or the foreigner is unable to travel due to illness.

The supreme Land authority can suspend the deportation of foreigners from certain states and certain groups of foreigners for a maximum period of six months in order to be able to offer humanitarian protection in special situations. After this period, in the interest of federal uniformity, an agreement between the Federation and the Länder is required and agreement must be reached with the Federal Ministry of the Interior.

The 2005 Immigration Act aims to prevent so-called "chain tolerations", i.e. the repeated extension of a tolerated stay of foreign refugees in Germany, as far as possible in practice. For example, a regulation has been introduced according to which a residence permit is to be granted if there are obstacles to deportation, if deportation has been suspended for 18 months and the foreigner is prevented from leaving the country through no fault of his or her own (section 25 (5) Residence Act).

With the Immigration Act, the essential regulations on citizenship law have been combined in one law. The provisions on naturalisation by entitlement, which were previously regulated in the Aliens Act (AuslG), have now been incorporated almost unchanged into the Nationality Act (StAG). The naturalisation authorities of the Länder continue to be responsible for carrying out naturalisation procedures for foreigners living in Germany.

Refusal of entry/rejection is a police measure to prevent unauthorised entry (cf. section 15 of the Residence Act).
A national of a state that is not a member of the European Union (EU) is to be refused entry to the territory of the EU if, for example, he or she

• is not in possession of valid border crossing papers,
• is not in possession of the required valid visa,
• cannot produce the other required documents on his or her purpose of stay and the circumstances of his or her stay,
• does not have the appropriate means of subsistence;
• has been issued an alert for the purposes of refusing entry,
• constitutes a threat to public order, national security or the international relations of one of the Parties,
• fulfils the requirements of a ground for expulsion within the meaning of sections 53-55 of the Residence Act (e.g. if facts justify the conclusion that he or she belongs or has belonged to an association that supports terrorism or that he or she supports or has supported such an association) or
• there is reasonable suspicion that the stay does not serve the stated purpose.

The Residence Act provides for the granting of a residence permit for the purpose of establishing and maintaining family cohabitation for foreigners, the so-called family reunification. A distinction is made between family reunification with Germans and with foreigners, whereby family reunification with Germans is privileged in some respects.

The spouse, the minor unmarried child of a German and the parent of a minor unmarried German who is entitled to exercise custody are entitled to a residence permit if the German has his or her habitual residence in the Federal territory. In principle, it does not matter whether the family member's livelihood is secured.

When the spouse or the minor, unmarried child of a foreigner joins them, the basic prerequisite is that the foreigner already living in Germany is in possession of a permanent residence title or a residence permit and has sufficient living space. In these cases, the foreigner's livelihood must be secured. The reunification of other family members is limited to cases of hardship.

Refugees are persons who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, are outside the country of their nationality and are unable or, owing to such fears, unwilling to avail themselves of the protection of that country, or who, as a result of such events, are stateless persons outside the country in which they had their habitual residence and are unable or unwilling to return. This definition is taken from the Geneva Refugee Convention (Convention relating to the Status of Refugees of 28 July 1951), hence the persons concerned are also referred to as Convention refugees. In common usage, "asylum seekers" and "refugees" are often used synonymously.

The "certificate of freedom of movement" is an informal certificate of a right of residence existing by law for nationals of the European Union (EU) or the European Economic Area (EEA: Iceland, Liechtenstein, Norway).

The Immigration Act has significantly improved the residence status for highly qualified persons. Top professionals in business and science who have a job offer can be admitted without a labour market test and the approval of the Federal Employment Agency. They can be granted a settlement permit right from the start. Accompanying or joining family members are entitled to gainful employment. Highly qualified persons are in particular:

1. scientists with special technical knowledge,

2. teachers in a prominent position or academic staff in a prominent position or

3. specialists and executives with special professional experience with a minimum annual income currently exceeding € 64,800.

Illegal employment occurs when a foreigner pursues an activity as an employee without possessing a suitable residence title. A suitable title is one that expressly permits the employment. Union citizens from the new Member States are illegally employed if they work without the required work permit according to section 284 (1) SGB.

Integration is a long-term process that aims to include all people who live permanently and legally in Germany in society. Immigrants should be enabled to participate in all areas of society as comprehensively and as equally as possible. Immigrants have the duty to learn the German language and to know, respect and obey the constitution and the laws. At the same time, immigrants must be given equal access, if possible, to all areas of society.

The integration course comprises 645 lessons and is held in German. It is divided into a basic and an advanced language course (language course) and an orientation course. The basic and advanced language courses, which comprise 600 teaching hours with the possibility of repeating 300 teaching hours once, each consist of three course sections with different levels of proficiency. Before the language course begins, a placement test is conducted to classify the participants for the language course. At the end of the language course, a scaled language test, the German Test for Immigrants, takes place. The orientation course, which takes place after the language course and concludes with the national orientation course test, accounts for 45 teaching hours.

If required, integration courses for special target groups can be set up for persons entitled to participate, comprising 900 teaching hours with a one-time repetition option of 300 teaching hours in the language course and 45 teaching hours in the orientation course:

• Youth integration course; for those entitled to participate who are no longer of compulsory school age and have not yet reached the age of 27,
• Parents' or women's courses ; for persons entitled to participate who cannot attend a general integration course for family or cultural reasons,
• Literacy course ; for eligible participants who cannot read or write sufficiently,
• Support course ; for those entitled to participate who have special language pedagogical support needs,
• Intensive course ; for persons entitled to participate who, in the result of the placement test, are expected to successfully participate within an hourly scope of 400 lessons in the language course and 30 lessons in the orientation course.

To facilitate course participation, childcare can be arranged as needed to accompany the course.

Successful participation in the integration course is certified by the Federal Office for Migration and Refugees with the "Integration Course Certificate". The Integration Course Ordinance regulates the implementation of the courses in detail.

The settlement permit was introduced by the Immigration Act as a second residence title in addition to the residence permit. The settlement permit is valid for an unlimited period, entitles the holder to pursue gainful employment and may only be subject to an ancillary provision in the cases provided for by the Residence Act. The general requirements are laid down in Section 9 (2) of the Residence Act. In addition, there are special regulations for issuing a settlement permit for some purposes of residence, for example for highly qualified persons, for issuing a settlement permit on the basis of an order of the Federal Ministry of the Interior pursuant to section 23, paragraph 2 of the Residence Act or for foreigners who receive a residence permit for the purpose of family reunification with Germans.

The Schengen Convention was signed on 19 June 1990 by the contracting states France, Belgium, the Netherlands, Luxembourg and the Federal Republic of Germany. In the meantime, Italy, Spain, Portugal, Greece, Austria, Denmark, Finland and Sweden have acceded to the Convention. Iceland and Norway have concluded a cooperation agreement with the Schengen States.

The CISA was brought into force on 26 March 1995 by the first signatory states as well as Spain and Portugal. For Italy, Austria and Greece, this took place between 1997 and 1999.

It regulates the dismantling of internal border controls and the associated compensatory measures. These include :

• the uniform control of the external borders,
• a common visa policy,
• the regulations on the movement of third-country nationals,
• enhanced police and judicial cooperation; and
• the establishment of the Schengen Information System.

With the entry into force of the Amsterdam Treaty on 1 May 1999, the cooperation of the Schengen states and essential parts of asylum and immigration policy became the responsibility of the European Community.

The entry of a foreigner into the federal territory is unauthorised if he or she does not possess the required residence title or passport. Entry is also unauthorised if it takes place without an entry permit in the case of an entry ban (section 14 in conjunction with section 11 Residence Act).

Asylum seekers are prescribed where they have to take up residence. This is intended to contribute to the equalisation of burdens between the individual federal states and to promote the integration of refugees into society through equal distribution in cities and rural areas. In special cases, asylum seekers can apply for redistribution to another city or district, e.g. to establish family unions between spouses and parents/children. The Darmstadt Regional Council performs this task for the entire state of Hesse, but in the case of cross-state redistribution only for those refugees who want to be redistributed to Hesse (refugees who want to be redistributed to other federal states are their responsibility). An application for redistribution must therefore be submitted to the Darmstadt Regional Council, Luisenplatz 2, 64283 Darmstadt.

Union citizens are persons who have the nationality of a Member State of the European Union. Every citizen of the Union has, in principle, the right to move freely within the European Union and to enter and reside in any other Member State. This right to free movement is guaranteed in Article 18 of the EC Treaty. In principle, it also covers family members of Union citizens who are themselves nationals of a third country. During the first three months of residence, Union citizens who hold a valid passport or identity card have a right of residence without having to fulfil any further requirements. Union citizens do not need a residence permit. In addition, the right to freedom of movement also includes the possibility to engage in economic activity in any member state, i.e. to be employed (for citizens from the new EU states with a transitional period) or to be self-employed or to provide services.

Under German residence law, the visa is an independent residence title (§ 4 para. 1 sentence 2 no. 1 AufenthG). It can be issued as a Schengen visa or as a national visa. The visa application must always be submitted to a German mission abroad.

The Schengen visa entitles the holder to enter the Schengen area for a short-term stay of no more than three months per six-month period from the date of first entry. A Schengen visa can also be issued for transit. The EC visa Regulation contains, inter alia, a list of third countries whose nationals are exempt from the visa requirement when crossing the external borders and a list of third countries whose nationals are subject to a visa requirement when crossing the external borders.

The issuance of a national visa is intended for longer-term stays. The national visa is geared to the intended purpose of stay and generally requires the approval of the competent foreigners authority at the intended place of stay. Further information, in particular on the questions of who needs a visa and which documents must be submitted with the application, can be found on the respective homepage of the German embassies or consulates.