The new government of Germany will allow thousands of Asylum seekers and immigrants to settle permanently in the country. On 24 November, the three coalition parties, SPD, FPD, and Gruen signed a 178 pages agreement which will be implemented in the country once they take charge.
The key points of the new plan for the immigrants who do not hold an “Aufenthaltserlaubnis” are as under:
- Visa (Aufenthaltserlaubnis) after three years of stay in Germany till 27 years of age asylum seekers;
- Visa (Aufenthaltserlaubnis) for those living in Germany for five years;
- More ease and relaxation for those applying for Beschäftigungsduldung.
Though the upcoming government has signed and planned the new agreement between them, it still would have to be passed by the parliament too. The whole process will take surely a while to be implemented. New rules have also been announced for family reunification and citizenship which could be read here.
The key point for the immigration section states as under:
“We want to shape a new beginning in migration and integration policy that does justice to a modern immigration country,” the coalition agreement reads. “We will reduce irregular migration and enable more regular means of migration.”
Visa (Aufenthaltserlaubnis) for young asylum seekers
Young people who have integrated well and are aged a maximum of 27 or less can get the visa. This means well-integrated young people should be given the opportunity to remain in Germany after three years of residence and up to the age of 27 (Section 25a of the Residence Act, Residence Act). The government will recognize special integration achievements by tolerated persons by granting families a right to stay after six or four years (Section 25b of the Residence Act).
Visa (Aufenthaltserlaubnis) for Duldung Status Holders
People who have been living in Germany for five years till January 1, 2022, will also be able to get a one-year residence permit on probation. The requirements are that they have not committed a criminal offense and are committed to the free democratic basic order. This legal status will help them meet the other requirements for a right to stay during this time (in particular livelihood security and proof of identity according to §§ 25 a and b AufenthG).
Ease of laws for Beschäftigungsduldung
The upcoming government wants to give tolerated persons in training and their companies more legal security through a residence permit (§ 60 c AufenthG). It also undermines employment tolerance and makes requirements realistic and more practical. According to the statement in the plan, “We are abolishing the “Duldung light”. If those who are tolerated do not help to clarify their identity, the period of tolerance does not constitute a right to stay counted. We will expand the clarification of the identity of a foreigner to include the possibility of taking an oath in lieu of an affirmation, and we will create a legal regulation for this in immigration law”.
Work permissions for all
Work rights will be for all. According to the agreements, the coalition parties say, “We are abolishing work bans for people already living in Germany. An ongoing asylum procedure does not preclude an existing entitlement to a residence permit, provided that the requirements for the residence permit were already met at the time of entry. We want a more precise regulation for victims of domestic violence or violence in partnerships who only have a derived right of residence. Victims of human trafficking should also be granted a right of residence regardless of their willingness to give evidence”.
Asylum procedure
According to the agreement, “Asylum procedures must be fair, swift, and legally secure. We want to relieve the Federal Office for Migration and Refugees (BAMF) for faster procedures. That is why the revocation check
in the future will be carried out on an ad-hoc basis. We will also ensure that administrative courts are relieved of high-quality decisions by the BAMF. We want faster decisions in asylum processes as well as a standardization of case law and will quickly submit a draft law. We are also introducing nationwide asylum procedure advice that is independent of the authorities in order to meet with informed applicants to speed up proceedings. We want to identify vulnerable groups from the start and give them special support. The Federal Government is not pursuing the concept of the AnkER centers.