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Category: 1-RESIDENCE – ENG

Long-term tolerated persons should not be deported

Well-integrated tolerated persons should be given the prospect of staying. The state government of Baden-Württemberg has agreed on this. Those affected will no longer be deported with immediate effect. This applies to all refugees who receive a right to stay in Germany according to the rules of the planned Right of Opportunity Residence, as the Baden-Württemberg Ministry of Migration announced in Stuttgart. The federal government’s right of opportunity to stay is to apply to all those who have lived in Germany for at least five years from 1 January 2022. This is intended to give foreigners without a secure residence… Read More

Current Judgments on Identity Clarification

If refugees don’t have valid passports, it is usually difficult to clarify their identity when a residence permit or settlement permit is issued. In two judgments issued this year, German administrative courts upheld refugees’ claims and ordered the competent foreign authorities to grant them residence rights. These cases are reported by the Refugee Council of Baden-Württemberg in its newsletter (e-mail newsletter no. 232 (mjt.lu). On February 16, 2022, the Sigmaringen administrative court ruled that an Eritrean should be granted a settlement permit despite the lack of a passport. “Obtaining a passport through the influence and power of the state whose… Read More

EU Court of Justice strengthens the right to family reunification

Two new rulings by the European Court of Justice (ECJ) have corrected the previous practice of the German authorities concerning family reunification in the case of underage recognized refugees. Until now, Germany has prevented minors from joining their family members of refugees if the children have come of age during the application process. The European Court of Justice (ECJ) has now ruled that this violates EU law. The decisive factor is that the child was a minor when the asylum application was filed. The European Commission announced this statement on its integration website. This applies when a child wants to… Read More

Naturalization test places available

If you want to become a citizen in Germany, you have to pass the naturalization test. The questions cover the legal and social order as well as living conditions in Germany. You will pass the test if you answer 17 out of 33 questions correctly. The Tübingen adult education center (vhs) will once again offer naturalization tests this autumn. There are still spots available. The first test date is on Tuesday, September 27th at 1 p.m. More tests are scheduled until Thursday, December 8th. It is necessary to register in person by bringing your ID along. There is a 25… Read More

Wrongly not receiving child benefit

A number of refugees were wrongly denied child benefit between 2006 and 2020. This was decided by the Federal Constitutional Court on 3 August. The highest German court declared unconstitutional a regulation according to which families from non-EU countries only received child benefits if they worked, received unemployment benefit I or were on parental leave. However, the judges left in place the rule that people who lived in Germany for international, humanitarian or political reasons could only apply for benefits after three years. However, the ruling will hardly have any financial impact: At present, only parents who had filed a… Read More

The prospect of a permanent right of residence

Refugees who have been well integrated should have a better chance of staying. This was confirmed by Baden-Württemberg’s Prime Minister Winfried Kretschmann during his visit to the editorial team of tünews INTERNATIONAL in the district office of Tübingen on August 16, 2022. Refugees who have been earning their living for a long time but have only been tolerated so far should be given a secure status. “We agreed on this principle in the coalition,” said Kretschmann. The individual case is always checked. The new decree to the immigration authorities suggests that the Residence Act’s legal leeway should be used nationwide… Read More

Change of legal status for Ukrainian refugees remains controversial

Joachim Walter, District Administrator of Tübingen, repeated his criticism of the so-called change of legal status for Ukrainian refugees on the occasion of Prime Minister Winfried Kretschmann’s visit to the editorial office of tünews INTERNATIONAL on August 16 at the District Office in Tübingen. The change of legal status means that since June, refugees from Ukraine have been receiving social benefits in accordance with Social Code II. Previously, they received lower benefits under the Asylum Seekers’ Benefits Act. “In some cases, false incentives are also being set up,” Walter said. For this purpose, refugees who had already visited Italy, Spain,… Read More

Prime Minister Kretschmann at tünews INTERNATIONAL

On Tuesday, August 16, the Prime Minister of Baden-Württemberg, Winfried Kretschmann, announced during his visit to the editors of tünews INTERNATIONAL in the Tübingen district office that “humanity and order” are the two key aspects when it comes to migration. During the interview with the editors, District Administrator Joachim Walter asked the head of government of Baden-Württemberg to make an urgent appeal to the population to “Make living space available.” The districts had received instructions from the state government that they had to significantly accommodate more people. Walter said: “We will order containers for 100 to 200 people because we… Read More

New hope for those who have been tolerated for a residence permit

The federal government has set out a law that makes it easier for those with leniency to remain permanently in Germany. The decision “Chancen-Aufenthaltsrecht” affects people living in Germany for at least five years who have a “Duldung”, a temporary suspension of deportation. The prerequisite is that they did not commit a crime or have not given false information about themselves. In addition, they have to prove during a one-year “trial period” that they can live independently with the money they have earned and speak good German. It is estimated that approximately 130,000 people are subject to this regulation. Recently,… Read More

Refugees do not enter Germany illegally

By Michael Seifert In statements to the media in recent weeks, interior ministers of various federal states and also the former federal interior minister have repeatedly spoken of illegal entries of refugees into Germany. These increasing “unauthorised” entries are worrying and must be prevented. However, these politicians do not talk about the fact that people have a good reason to come to Germany when they seek asylum. tünews INTERNATIONAL asked the Tübingen lawyer Holger Rothbauer what the legal situation is. He is an expert in foreigner and refugee law. “If a person from a third country crosses the border into… Read More

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