Schlagwort: legal advice

  • Transfer from an initial reception to subsequent accommodation

    Dear Reader,

    First of all, your commitment to learn the German language as soon as possible is admirable! What a pity that the school is now so far away. In Hamburg, the transfer from an initial reception to subsequent accommodation is carried out by the authority for labor, social affairs, family, and integration. The subsequent accommodations are mostly run by a municipal company called „fördern und wohnen“. This distribution can sometimes happen very quickly (in your case within only three days), sometimes it can take a very long time.

    I would advise contacting the relevant management of the shelter and describe the problem. Perhaps there is a way to quickly find a language course near close to the new accommodation. Whether it is possible to move to a subsequent accommodation closer to the original initial reception, i.e., near the language school, would then possibly also need to be clarified.

    However, there is also the possibility to rent your own apartment that is close to the language school. Refugees entitled to protection, i.e., people with asylum recognition, refugee recognition, subsidiary protection, or other residence titles, generally have the right to move into their own apartment. In the case of some residence titles, the foreigners’ authorities can add a note that the refugee must live in a specific residence. Unfortunately, it is very difficult for refugees to find a suitable apartment on the Hamburg housing market.

    Best of luck!

     

    Diese Artikel wurde auch auf Deutsch veröfftlicht.

  • Pension insurance for residence permit

    Attorney Angelika from our team addresses legal questions in this column. Today, the question is about how to achieve the required time of pension insurance as soon as possible, in order to get a permanent residence permit.

    Question:

    „Dear Sir or Madam,

    I have subsidiary protection and I know that – in order to get an unlimited residence permit – I have to pay five years of pension insurance. My question is: Can I pay pension insurance for one or two years directly at the pension insurance office? Or do I have to work for five years? I have been working for two years, but I want to shorten the duration of the permanent residence permit. I mean instead of paying it in five years, I pay it in three or four years.

    With kind regards

    Mojahed. “

    Answer:

    Dear Mojahed,

    when applying for the unlimited settlement permit for people with subsidiary protection or another humanitarian title (e.g. prohibition of deportation), this permit is based on § 26(4) of the Residence Act and § 9 Residence Act where it is specified, among other things:

    “[…] the foreigner has paid compulsory or voluntary contributions into the statutory pension scheme for at least 60 months or furnishes evidence of an entitlement to comparable benefits from an insurance or pension scheme or from an insurance company; time off for the purposes of child care or nursing at home are to be duly taken into account.”

    Few refugees with subsidiary protection status are likely to do so after five years, especially because although the asylum procedure is counted in the periods, it was rarely if ever possible to earn contributions subject to pension insurance during this time.

    ADVICE: Take on mini-jobs and obtain proof of pension insurance

    However, a suggestion has also been made for those, for example, who take up a mini-job during the asylum procedure or even later: Instead of choosing the often selected exemption from the pension insurance obligation, because hardly any pension claims arise from the 450 € anyway, it makes sense to waive this exemption for those who, for example, only have subsidiary protection and have to prove the 60 months of contributions. After all, only the number of months is required and not something like a certain minimum income or a certain minimum entitlement from the pension insurance.

    Exempt from the proof of having paid 60 months of pension insurance contributions are, among others:

    • Persons who are in training for a recognized school or professional qualification (§ 9(3) Sentence 2 Residence Act).
    • Persons entitled to asylum and recognized refugees (§ 9(3) Residence Act).

    However, unfortunately, not persons entitled to subsidiary protection!

    If you already had a residence permit before 2005, you do not have to prove that you have 60 months of pension insurance.

    For self-employed persons, voluntary membership in the statutory pension insurance may also make sense from a residence law perspective. Contributions can be paid in arrears until the March 31st of the following year, thus making up for any missed months. Currently, the minimum contribution is € 83.70 per month.

    FURTHER ADVICE: Naturalization in accordance with §§ 8,10 of the Nationality Act.

    Here, pension insurance and pension rights are not required. Therefore, in certain situations naturalization can be easier.

    You can therefore ask your pension insurance whether a voluntary payment of pension contributions is possible for you in order to reach the 60 months more quickly.

    Good luck with everything!

     

    This article was first published in German:

    https://kohero-magazin.com/frage-und-antwort-rentenversicherung-fuer-aufenthaltserlaubnis/

  • Can I choose my place of residence within Germany without restrictions?

    Dear Reader,

    it is somewhat difficult to give advice based on the facts described. But we will give it a try:

    For all people whose recognition as a person entitled to protection or first issuance of a residence permit took place after 1.1.2016, the Integration Act (entered into force on 5.8.2016) applies. Section 12a Residence Act controls with regards to residence.

    Who is not affected?

    For all people with a residence permit or asylum decision from 2015 or earlier, the law does not apply. They are free to choose their place of residence within Germany.

    Therefore, if your friend has received his residence permit before 1.1.2016, he can basically choose his place of residence as he wishes. This applies as long as the regulations (approval with cost absorption or similar) according to SGB (Code of Social Law) do not interfere with this.

    The residence regulation has nothing to do with the residence obligation or the residence requirement during the ongoing asylum procedure but it concerns all people whose asylum procedure has already been completed after 01.01.2016.

    What to do if you are affected by the regulation?

    We now assume that your friend only received his residence permit after 01.01.2016, so that according to § 12a Residence Act, there is a residence regulation for 3 years from the recognition or granting of the residence permit for him:

    • These people are required to reside in the federal state in which they applied for asylum.
    • This does not require a change in the residence title to implement this effectively. Likewise, this does not require a separate decision.
    • If one now wants to move, the requirement must be waived.
    • A waiver can only be achieved with a job, studies, or training.
    • Benefits according to SGB (Code of Social Law) can generally only be obtained where the residence regulation provides.
    • As of now, residence titles will have the addition „Residence in the country required ……..“.

    Severe restrictions in Germany

    This is a very far-reaching restriction because it means you can no longer exercise freedom of movement. In many cases, one is restricted to the particular federal state to which one has been assigned to complete the asylum procedure.

    Germany is the only country that imposes such extensive restrictions regarding the place of residence and domicile of refugees. In March 2016, the European Court of Justice (ECJ) made a ruling on the legality of residence requirements for people under subsidiary protection in Germany.

    The court ruled that a requirement can only be imposed if it serves the integration of the person concerned. This must be examined in each individual case (Case C-443/14 and C-444/14).

    No rule without exceptions

    The exceptions to this legal rule are exhaustive:

    • Taking up employment subject to social security contributions:

    The scope of employment must be at least 15 hours per week. In addition, a net income of currently at least 712 euros per month must be earned (average need according to §§ 20, 22 SGB II for a single person). So-called Mini-jobs and marginal employment do not suffice to waive the obligation of the residence regulation!

    • Taking up an apprenticeship or a course of study:

    Also included are professional orientation or career preparation measures that serve the transition to a corresponding apprenticeship, or studies at a university. If the employment relationship or training changes later, e.g. due to a change of employer or training company/university, this does not lead to a subsequent change in the residence regulation and e.g. its subsequent revival.

    The application for a waiver of the residence regulation must be submitted to the responsible foreigners’ authority. Together with the authorities at the destination, they will decide whether the requirement will be waived (an application form is attached below).

    We wish you a good move to Fehmarn and all the best for the future!

    Template to apply for a waiver (in German):

    Name, Vorname Antragsteller*in

    Straße, Hausnummer

    PLZ Ort

    Ausländerbehörde Ort

    Straße, Hausnummer

    PLZ Ort

    Datum

    Antrag auf Streichung der Wohnsitzauflage nach §12a AufenthG

    Sehr geehrte Damen und Herren,

    hiermit beantrage ich die Aufhebung/ Streichung der Wohnsitzauflage nach §12a AufenthG

    Persönliche Begründung: Aufnahme sozialversicherungspflichtige Beschäftigung/ Ausbildung/berufsvorbereitende Maßnahmen

    Im Falle der Ablehnung bitte ich entsprechend § 37 und §39 VwVfG um einen schriftlichen und begründeten Bescheid.

    Für Rückfragen stehe ich selbstverständlich jederzeit gern zur Verfügung.

    Mit freundlichen Grüßen

    __________________________

    Unterschrift

    Anhang:

    • Kopie Arbeitsvertrag
    • Teilnahmezusage/-bestätigung

     

    This article was first published in German.

  • HELP – the Taliban have taken over the government in Afghanistan

    There are no more deportations from Germany to Afghanistan.

    Since December 2016, approximately 1000 people have been deported to Afghanistan.

    Refugees from Afghanistan are the second largest refugee group in Germany (approx. 181,000*), after Syrians. 66% of Afghans in Germany have a status of protection. Most of them have received a deportation ban according to §§ 60 (5) and (7) of the Residence Act. Currently, the Federal Office for Migration and Refugees (BAMF) is „back-prioritizing“ the decision of Afghanistan cases, which means a de facto decision freeze. There should be a new situation report from the Foreign Office by the end of September.

    I am worried about my friends and family who are still in Afghanistan, how can I manage to bring them to Germany to safety?

    Options for endangered people in Afghanistan:

    1. Evacuation/reception programs

    Evacuations were completed on 8/26/21 with the last flight of a German plane, but plans are in place to take in more Afghan*s:

    • All local staff and their family members (only the nuclear family, i.e., spouse and minor children (for adult children a so-called hardship case according to § 36 (2) Residence Act can be applied for) who worked for German institutions as of 2013.
    • Those who were identified as particularly endangered until the end of the evacuation measures;
    • Afghan employees of non-governmental organizations;
    • Afghan employees of the German Society for International Cooperation (GIZ);
    • Human rights activists;
    • Women’s rights activists;
    • Journalists;
    • Persons with a German residence title.

    If Germany has already given a promise of admission (usually by email), these people are contacted and given further instructions. The way across the border into the neighboring countries has to be organized by themselves. The German embassies in all neighboring countries then issue these people the necessary documents to enter Germany upon presentation of the acceptance letter. Germany is currently trying to reach agreements with the neighboring countries and the Taliban to ensure safe entry into the neighboring countries.

    If Germany has not yet offered the prospect of departure to Germany and there is not yet a promise of admission, the following applies:

    Email with the following information to: buergerservice@diplo.de:

    • First name and last name of all persons
    • Dates of birth of all persons
    • Passport number or ID number (Tazkira) of all persons
    • Nationality of all persons
    • E-mail address and / or cell phone numbers.
    • Documents or descriptions, which prove that the persons are particularly endangered
    • Connections to Germany.

    The admission is then made according to § 22 (2) Residence Act – an individual confirmation of the Federal Department of the Interior.

    2. Family reunification

    As before, visa applications for family reunification can be submitted to the German embassies in Islamabad (Pakistan) and New Delhi (India). Currently, there are over 4,000 people on the waiting lists for a first appointment, and the waiting time is over a year. The visa process itself then also takes an inordinate amount of time. Under certain circumstances, it is possible to achieve faster processing of the visa by means of urgent judicial proceedings. The Berlin Administrative Court has granted an expedited procedure because it affirmed a threat to the family members in Afghanistan (VG 10 L 285/21 V).

    3. Visa to take up studies in Germany (confirmation of application, subsistence must be secured).

    4. Visa to take up an apprenticeship (apprenticeship place must be assured, subsistence must be secured).

    5. Visa in the context of skilled worker immigration (qualified training or studies in Afghanistan, concrete job offer, recognition of certificates).

    A lot of useful information can be found here: handbookgermany.de

    Will my residence status change due to the changes in Afghanistan?

    How the Federal Office for Migration and Refugees (BAMF) will decide on asylum applications and follow-up asylum applications after the Taliban takeover is still largely unclear. However, a follow-up asylum application can always be filed if there are new reasons for granting the asylum, such as now the significant human rights and humanitarian changes of the situation in Afghanistan.

    We recommend those to file a follow-up asylum application in accordance with Section 71 of the Asylum Act,
    • who are only in possession of a normal toleration (also an employment toleration) and for whom a right to stay according to §§ 25a or 25b Residence Act is not available in the near future.
    • Similarly, those with rejected asylum applications due to a domestic escape alternative within Afghanistan should file a follow-up application.The follow-up asylum application must be filed within 3 months after the changed circumstances in Afghanistan become known (8/15/2021), i.e., by Friday, 10/13/2021. Follow-up applications must be filed in person at the BAMF field office in whose district applicants resided during the previous asylum procedure. It is best to hand in a written reasoned application there. However, we do not advise those to submit a follow-up asylum application who have a residence permit according to
    • § 22 Residence Act (admission permit).
    • §23 Residence Act (federal and state reception programs).
    • §25 (3) to (5) of the Residence Act (residence for humanitarian reasons due to a banof deportation).
      The residence title expires if a follow-up asylum application is filed. The procedure starts again. Likewise, one should not file a follow-up asylum application.
    • If a settlement permit is imminent according to §26 (4) Residence Act.
    • In the case of a training toleration according to §60c Residence Act if the successfulcompletion of the training is imminent. Then, there is the possibility of a residencepermit according to § 19d Residence Act.
    • If one is about to reach the prior residence periods for §25a (well-integrated youngpeople) or §25b Residence Act (sustainable integration). Obtaining a residence permit through these provisions is faster than pursuing a new asylum procedure.

    We wish everyone good luck!

    * mediendienst-integration.de 

    This article was first published in German.

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