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Immigration, Nationality and Aliens
The new residence law
The new residence law passed on July 9th, 2004 has been in effect since January 1st, 2005. It replaces the provisions of the only Aliens Law in the version of July 9th, 1990.
Two forms of residence permit
There are now just two forms of residence permit: the (temporary) permission to stay and the (indefinite) permission to remain. In order to obtain permission to remain applicants are required to show that they are sufficiently proficient in German and that they have knowledge of the legal system and society. As a rule, this has to be done by attending integration courses, unless the applicant can show he or she has appropriate school education. All immigrants to Germany have to attend these integration courses. The residence law also permits a restricted degree of immigration for economic reasons.
The following shows a number of issues which need to be answered in the context of the law affecting foreigners points answer it in the foreigner right admits in the following:
Visa issues
Foreigners not yet resident in the Federal Republic of Germany but seeking to enter the country have to apply for a visa at the German embassy in their country of origin. A visa can be granted for reasons of work or study as well as to reunite families.
Residence and work permits
Permission to stay is linked to a certain purpose and has been issued together with work permits since January 2005. You no longer have to apply to the employment office for a work permit after having applied for permission to stay.
Which kind of residence permit?
It is important to decide which kind of residence permit you could obtain and whether you may even fulfil the conditions required for permission to remain. In principle, the permission to remain is given after five years. If you are married to a German and still living with your partner or with a German child, permission to remain can be granted after three years.
Work permit
The law on work permits is an important part of the law affecting foreigners. What are the requirements for an unrestricted permission to seek work and when is a work permit the only option? Which jobs do not require special permission by the athorities?
The new EU-member states and work permits
Ten countries joined the EU on April 1st, 2004: Estonia, Latvia, Lithuania, Poland, Slovenia, Slovakia, the Czech Republic, Hungary, Malta and Cyprus. However, with regard to worker's freedom of movement the old regulations still remain valid for at least two years. In other words, EU-citizens from the states concerned still need a work permit before beginning work in Germany. This will be so until at least 2006 and may be extended to 2009 or 2011. Freedom of movement for worker's does apply to citizens of Malta and Cyprus (since May 1st, 2004).
In common with all EU citizens, those from the new member states are entitled to work as self-employed persons in another EU state or to start a business there. Their right to take up residence is not subject to restriction. Furthermore EU citizens from the new member states do enjoy the general right to freedom of movement i.e. they can stay in another member state. Their residence must, however, be self-financed and the EU citizen must have adequate health insurance coverage.
Marriages with foreign partners
Foreign nationals wishing to marry in Germany can find themselves facing a number of bureaucratic hurdles. As a rule, they have to apply to the Berlin District Court or Kammergericht for a dispensation from the requirement to provide a certificate of eligibility for marriage. The proceedings can last for several weeks.
Naturalization
A further important issue is that of naturalization. Which requirements have to be fulfilled for a foreigner to be naturalized in Germany? A claim to naturalization is normally given after eight years legal residence in the Federal Republic of Germany, in exceptional cases after seven years. If the applicant is married to and living with a German citizen an application for naturalization can be made after three years.
Generally, the original nationality must be given up on acquiring German citizenship. The law only allows for naturalization which results in dual nationality in exceptional circumstances. EU members from Belgium, Finland, France, Greece, Great Britain, Ireland, Italy, Portugal, Sweden and the Netherlands are, however, permitted to adopt German nationality whilst retaining their own nationality.
"Duldung"
Foreign nationals whose residence status is one of "Duldung" or temporary delay of deportation will be concerned by questions surrounding deportation protection and the possibility of being interned for deportation. In general terms it is possible to apply for a residence permit if deportation is not possible for more than 18 months and if it is unreasonable to expect them to return to their home country.
Political asylum
The law on political asylum is a further part of the law affecting foreign nationals. Those seeking protection from political persecution can apply for asylum to the Federal Office for Migration and Refugees. If their application is rejected, they may take their case to the Administrative Court. The short periods of time within which legal recourse is open are very important and must be taken into account.
Criminal law
Representation by an attorney in criminal proceedings brought for crimes which the law states can only be committed by foreigners is also part of the work performed by specialist in this field. This affects for example so-called "phoney marriage" or "illegal residence".
Links related to Immigration Law compare German version.
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