Overview: Ampel coalition plans reform of migration law towards a “modern immigration country” –
The coalition agreement of the new federal government has been signed. In addition to the general promises of a “fresh start”, a “digitalization push”, a reduction in bureaucracy and faster processing times, it also contains very specific plans in the area of migration law. The confusing regulations of migration law are now to be summarized in an immigration and residence code.
New opportunities are to be created for people who have already become part of our society. Concrete steps are planned:
1. for well-integrated young people, a right of residence under ยง 25a AufenthG is to be created after 3 years of residence before they reach the age of 27 – a significant improvement on the previous regulation (4 years until the age of 21). The current waiting period for the right of residence for well-integrated foreigners under Section 25b AufenthG is to be reduced from 8 to 6 for single persons and 6 to 4 for families.
2. it should also only be possible to present an A1 language certificate confirming basic German language skills when reuniting a spouse after entry. Previously, spouses were required to attend a German course at the Goethe Institute in their home country.
3. the family reunification of persons entitled to subsidiary protection should be put on an equal footing with the family reunification of refugees entitled to subsidiary protection. This ultimately amounts to the abolition of Section 36a of the Residence Act, which has put Syrian refugees in particular at a significant disadvantage in the past.
4. for victims of domestic or partner violence by the German or foreign (spouse) partner living here, the provision of ยง 31 para. 2 AufenthG was previously intended, but in practice this was handled extremely restrictively by the immigration authorities. More precise regulations are to be created here.
5. the law on tolerated stay permits is to be revised: For example, the “Duldung light” is to be abolished, thus enabling employment even in the absence of proof of identity. In addition, the “Ausbildungsduldung”, which was associated with considerable uncertainties, not least for the training companies, and a lack of travel opportunities, is to be replaced by a corresponding residence permit. The time limit regulation is to be abolished and the possibility of completing training here is to be made accessible to a wider group of people. The periods of training would then also count towards the consolidation of residence. So-called “chain tolerations”, i.e. continuously renewed certificates of suspension of deportation, are to be replaced by a “probationary residence permit”. Anyone who has been living here for 5 years on 01.01.2022 and has not committed any crimes is to receive this right of residence for an initial period of one year in order to further integrate into the labor market and prove their identity.
6. the ban on working, which was previously provided for as a sanction under immigration law in Section 60a (6) AufenthG and placed persons from safe countries of origin in particular in a worse position, is to be abolished.
7. local staff at risk and the nuclear family should continue to be admitted without bureaucracy. In addition, humanitarian visas are to be introduced, which will make it possible to apply for a humanitarian right of residence at the German embassies in the country of origin without embarking on a life-threatening journey and falling into the hands of smuggling gangs. Until now, it has only been possible to apply for such a humanitarian right of residence after entering Germany or applying for asylum.
8. the often inadequate quality of the BAMF’s decisions to date, which can be seen in the success rates of legal proceedings before the administrative courts, should be improved, which would also help to speed up the process. The concept of AnkER centers, which has led to more difficult access to legal counsel for refugees and more difficult integration, should not be pursued further by the new federal government.
9. the range of integration courses is to be expanded.
10. naturalization should now generally be possible after 5 years, in the case of special integration achievements after 3 years.
11. it should be possible to obtain a (permanent) settlement permit after 3 years (instead of 5 years as previously).
12. the “ius-soli” acquisition of German citizenship for children of foreign parents based on the long-term legal residence of one parent in Germany is now to take place after only 5 years of legal residence of one parent.
13. within the framework of the naturalization procedure, there should be simplifications with regard to the language level to be proven.