Cabinet: Perspectives for those who have been tolerated for many years

Created: 06/07/2022, 15:51

Three young refugees work on the wiring of a control cabinet in the Siemens Professional Education training center.

© Monika Skolimowska/ZB/dpa

What will happen to foreigners who do not have a regular residence permit but have been living in Germany for various reasons for a number of years?

The traffic light coalition is now giving those of them who work and learn German a new chance.

Berlin - The federal government wants to open up long-term prospects for thousands of foreigners who have been living in Germany for years without a secure residence permit.

The cabinet has decided on a so-called right of residence.

It should apply to people who have lived in Germany for at least five years as of January 1, 2022 and who are committed to the free democratic basic order.

The draft law from the house of Federal Interior Minister Nancy Faeser (SPD) is aimed at foreigners who have been hanging from toleration to toleration for years.

Anyone who has repeatedly given false information or misrepresented their identity in order to prevent their deportation should not benefit from this opportunity.

Criminals are also exempt.

According to the draft, those who are to benefit from the new paragraph in the right of residence have three years to apply for a residence permit.

"Bridge to a Better Life"

"For around 135,000 people, this is the bridge to a better life in Germany, for more humanity instead of distrust in the right of residence," says the government's integration officer, Reem Alabali-Radovan (SPD).

"With the right of residence, we are enabling prospects for people who are already part of our society and are finally doing away with the degrading chain of toleration," says the Greens parliamentary group.

Sharp criticism comes from the Union, which had provided the Federal Minister of the Interior from 2005 to 2021.

"With the draft law, the traffic light creates massive additional incentives to immigrate to Germany illegally," says the deputy parliamentary group leader Andrea Lindholz.

"People in the countries of origin often don't know anything about a deadline, they only realize that their relatives or acquaintances are staying in Germany permanently," suspects the CSU politician.

Some who are better informed may hope for another special regulation in the future.

With the new regulation, "we are correcting the long-standing failures of the CDU and CSU and recognizing the realities in this country," says the domestic policy spokesman for the SPD parliamentary group, Sebastian Hartmann.

In addition, it is incomprehensible "when we send well-integrated people back to their home country to then laboriously recruit the workers urgently needed here abroad".

The new residence permit is to be valid for one year.

During this time, the foreigner has the opportunity to meet the requirements for a long-term stay: these are above all securing a living, knowledge of German and proof of identity.

If he doesn't succeed, he either slips back into the Duldung or - if the prerequisites for this are met - is deported.

also read

Scholz is surprised by the AfD question – and makes a clear verdict: “Russia’s party”

NATO counters Putin's nuclear threat: Agreed in Elmau, nervous in the Kremlin

The draft also includes another change: Up to now, well-integrated young people and adolescents up to the age of 21 could be granted a right to stay after four years of residence.

This should be possible in the future after three years.

The age limit also increases to 27 years.

Bundestag still has to agree

Before the amended right of residence can come into force, the Bundestag still has to approve it.

From Pro Asyl's point of view, however, the authorities of the federal states should no longer deport anyone who could apply for a residence permit under the new regulation.

Part of this first migration package by the traffic light coalition is also an extension of detention pending deportation for certain criminals from three months to a maximum of six months.

This should give the authorities more time to prepare for a deportation, for example to clarify the identity, obtain the missing papers and organize a seat on an airplane.

The Union welcomes this change in principle.

“But it should only affect a few cases,” estimates Lindholz.

She says: "The regulation acts like a fig leaf to cover up the inaction of the traffic light on the subject of repatriations." The FDP domestic politician Stephan Thomae warns that in order to make progress with deportations, a special representative should finally be appointed to deal with repatriation agreements with the countries of origin cares.

The SPD, Greens and FDP had also agreed in the coalition agreement.

Relief for skilled workers and IT specialists

In the future, family reunification should also be made easier for skilled workers and IT specialists.

"The families are allowed to enter the country at the same time and we don't attach any special language skills to this," explains Faeser.

Clara Bünger, migration expert for the left in the Bundestag, is disappointed that this should only apply to skilled workers for the time being.

She says: "The right to family life is a human right and not a privilege for higher earners."

Changes are also planned for access to language and integration courses: In future, all asylum seekers should be able to take part - regardless of whether their application for protection in Germany has any prospects or not.

"Communicating our values ​​and our language is always important, even if people are only in Germany temporarily," says the Interior Minister.

Before the end of the year, the traffic light coalition wants to launch further reforms on migration.

Among other things, the coalition agreement stipulates easier naturalization for people from the so-called guest worker generation and the introduction of an “opportunity card based on a points system” for labor migration.

The integration officer says: "Today we are setting the first milestone, more will follow in the fall: we want to abolish employment bans, modernize our immigration law and enable more naturalizations." dpa