The Immigration Act has thoroughly reformed Germany’s foreigner law

Geschrieben von: Dr. Dienelt

The Immigration Act, which is essentially made up of the Residence Act (AufenthG) and the Act on the General Freedom of Movement for EU Citizens (Freedom of Movement Act/EU), went into force on 1 January 2005. The Immigration Act has thoroughly reformed Germany’s foreigner law. Through the Immigration Act a number of other laws (such as the Asylum Procedure Act, the Act on the Central Aliens Register, the Nationality Act) have also been amended. The Act to Implement Residence- and Asylum-Related Directives of the European Union (EU-Directives Implementation Act), which went into force on 28 August 2007, has once again amended these acts.

The Immigration Act has thoroughly reformed the regulations on labour migration and on the procedure whereby the foreigners’ authorities decide alone and through a single administrative act (so-called one-stop government).

The Federal Government promotes integration in particular through integration courses, which are primarily aimed at providing German language skills but also knowledge about Germany’s history, culture and legal system.

With the Act on the General Freedom of Movement for EU Citizens a law has been developed which regulates the residence right of Union citizens and their dependents in a final manner. In principle, the Residence Act does not apply to citizens of European Union member states who are entitled to freedom of movement; their legal status is defined in the new Freedom of Movement Act/EU.

With the Immigration Act, a number of significant improvements concerning immigration on humanitarian grounds have been introduced. The residence status of recognized refugees under the Geneva Convention on Refugees has been brought more into line with that of persons entitled to asylum. Members of both groups are initially granted a temporary residence permit, which may be made permanent after a period of three years if the relevant conditions continue to apply. Children of persons entitled to asylum and refugees under the Geneva Convention are entitled to immigrate until their 18th birthday in order to rejoin their parents. Non-state persecution is recognized as a ground for granting refugee status under the Geneva Convention and protection from gender-specific persecution is now also specifically anchored in section 60 paragraph 1 of the Residence Act. With the entry into force of the EU-Directives Implementation Act, any tolerated or legal stay will be taken into account when deciding on the labour market access for asylum seekers.

The Immigration Act authorized the passage of legal ordinances on lawful employment of foreigners already living in Germany (BeschVerfVB) and of those entering Germany for the first time (BeschV). A new AufenthV (en) - Ordinance Governing Residence (AufenthV) consolidates regulations previously found in the Ordinance Implementing the Foreigners Act and in the ordinances dealing with fees, data and transmission of files regarding foreigners.

Links to Acts and Ordinances

AufenthG: Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory 
 
FreizügG/EU: Act on the General Freedom of Movement for EU Citizens

AufenthV: Ordinance Governing Residence

http://www.migrationsrecht.net/component/option,com_docman/Itemid,127/task,cat_view/gid,38/

StAG: Nationality Act

http://www.migrationsrecht.net/component/option,com_docman/Itemid,127/task,cat_view/gid,42/

AsylVfG: Asylum Procedure Act

http://www.migrationsrecht.net/component/option,com_docman/Itemid,127/task,cat_view/gid,39/