In a press release dated July 6, 2022, the German federal government published a decision regarding the so-called first "Migration Package". In this way, the German authorities aim to bring skilled workers from third countries and their families to Germany faster and more efficiently, as well as to solve the problem of well-integrated accepted people in Germany from the uncertainty of "chain tolerations". In this way, the above-mentioned target groups will be able to obtain a permanent right of residence (the so-called "right of residence").
At Eberhard Adviosry, our immigration lawyers advise both private and business clients on all aspects of German migration and residence law.
On December 2, 2022, the German Bundestag adopted the latest draft law of the federal government introducing a legally regulated possibility of residence. This decision will be regulated in the near future in § 104c of the German Residence Act. This regulation is intended to give people who have been "tolerated" for a long time and who have already resided in Germany a chance to obtain the right of permanent residence. This privilege will be available to persons who have been continuously residing in Germany for at least 5 years before the cut-off date, which was set for October 31, 2022.
An additional condition for the adoption of a new law related to the possibility of residence is also the end of "chain tolerations”. This phenomenon is extremely burdensome both for the persons concerned and for the German authorities. The term "chain tolerance" describes the process by which a person receives a certificate from the German state that such a foreigner will not be deported for a certain period of time. The status of "tolerance" is thus extended, but no right of residence is created for the privileged person.
The term "tolerated" refers to foreigners who have no right to asylum or refugee status, but who are protected against deportation from Germany. Having the right to stay, they receive an 18-month residence permit from the German state, and consequently they are given the chance to meet the remaining legal requirements that are necessary to obtain the right to stay.
The legal requirements for a foreigner's residence permit are laid down in §§ 25a and 25b of the German Residency Act. These include, for example, the necessary knowledge of oral German at level A2, sufficient financial resources, proof of identity and commitment to the free and democratic order of the Federal Republic of Germany.
The described institutions of German law cannot be used by persons who have been convicted of criminal offences, as well as persons who tried to prevent deportation by deceiving the German authorities as to their identity or by intentionally and knowingly providing false information.
As a result, the right to residency could be a favorable prospect for many "tolerated persons" in Germany. The data shows that at the final stage of 2021, the number of "tolerated persons" in Germany was 242,029. The data also shows that 136,605 of these people have lived in the country for more than five years.
At this point, it should be noted that the residence permit is a one-off special provision. If the legal requirements are not met within 18 months, all affected persons are formally reverted to "tolerated persons" status.
However, it is important to distinguish the right of opportunity to stay from the "Opportunity Card".
The "Opportunity Card" aims to enable foreigners from non-EU countries to look for a job in Germany. For this purpose, Germany will use a point system to evaluate the following criteria:
- Professional qualifications,
- Age,
- German language proficiency,
- Previous work experience,
- and additionally whether the person already has some connection with Germany (e.g. previous stays in Germany or family members living in Germany).
Further provisions
In addition, Migration Package 1 aims to:
- A far-reaching adaptation of the right of residence for minors is envisaged. Well-integrated young people are to be given the possibility of a "right to stay" after three years of residence in Germany. Long-term "tolerated" with minor children are to receive the right of residence after 4 years, if they show significant achievements in the area of integration into German society.
- Family reunification will be significantly facilitated due to the elimination of the language requirement for family members.
- The worker immigration regulations in the Skilled Worker Immigration Act, which should only apply for a limited period of time, are likely to be repealed and made permanent.
- It is intended to deal much more forcefully with criminals and other dangerous persons by facilitating removal and ordering detention pending deportation.
- For asylum seekers, the German state will offer early access to integration and professional language courses, regardless of the date of arrival in Germany or the foreigner's country of origin.
The second migration package will include the lifting of most employment bans and a significant modernization of immigration law. It is worth adding at this point that so far nothing has been published about this package.
The German government's plans for simplified immigration are now being additionally taken into account through the planning of the "Opportunity Card", as well as the introduction of new regulations on German citizenship by place of residence and new changes to the Skilled Worker Immigration Act.
