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Germany passes law allowing foreigners to easily gain residency

What Germany’s new migration changes mean for third-country citizens

Source: Schengen Visa info

Germany’s Federal Parliament, Bundestag, has approved the amendments to the law on the right of residence and asylum for third-country citizens who are already in the country, with a majority of 371 votes.

The new law will enable those who have been residing in Germany for a period of at least five years and who do not have a secure residence status by October 31, 2022, to gain the right of residence

The vote means that the long-awaited changes that make it easier to reside in Germany for foreigners who are already in the country and in different situations will soon start to apply.

The amendments, which were approved at the beginning of this month, December 2, 2022, include making it easier to gain residency for those without a secure status and facilitating the opportunity of youngsters who have been in Germany for at least three years to continue to stay there further, reports.

At the same time, the Parliament has also approved a law according to which asylum application procedures will be expedited, and thus, the backlog of applications will be cleared.

The laws have not been supported by everyone in the parliament, as some parties have even called it a “wrong incentive.”

Those Without a Secure Residence Status Now Have a Chance

The new law will enable those who have been residing in Germany for a period of at least five years and who do not have a secure residence status by October 31, 2022, to gain the right of residence for a year and a half (18 months).

Throughout these 18 months, the same will be able to apply for a permanent right to stay in Germany and provide proof that they meet the conditions set, including here language skills and understanding of German culture and way of living.

“That means language, job and of course staying clean,” FDP MP Muhanad Al-Halak said regarding the requirements that these people would have to meet during the 18-month period.

“Around 137,000 of the approximately 248,000 tolerated persons could benefit from the new law,” reads a statement published in the European Website on Integration regarding the issue.

Those who fail to meet these conditions throughout a period of 18 months, will have to revert to the status of toleration.

Well-Integrated Youngsters Eligible to Stay in Germany After Only 3 Years
People who have not celebrated their 28th birthday yet, will no longer need to wait for four years to be given the opportunity to stay in Germany, as this period has now been shortened to three years.

The new changes to the immigration laws in Germany will permit 27-year-olds and those younger to stay in Germany sooner if they show that they have adapted to the German culture and have learned the language.

Tolerated persons who have marked special integration achievements will be granted the right to stay after six years or even by four if they live with underage children.

Easier Family Reunification for Skilled Workers

For a long time now, Germany has struggled with filling in labor shortages, in particular in fields where skilled workers are needed. After introducing the Skilled Immigration Act in 2020, Germany now brings several thousand foreign workers to the country under this law.

“We are now taking the opportunity to create modern immigration law so that skilled foreign workers can come to Germany more easily. This is urgently needed. The Corona crisis has caused staff shortages in many areas of the industry, from skilled trades to nursing. We want skilled workers to be able to come to Germany quickly and get off to a flying start,” the Federal Minister of the Interior and Homeland, Nancy Faeser, said at the beginning of December.

However, in order to keep skilled workers in the country and motivate more of them to apply to move for work in Germany, the authorities are now making it easier for these people to bring their families with them.

The country has now removed the requirement to present a language certificate for family members of skilled workers from non-EU countries.

Asylum Seekers Will Receive Quicker Responses in Their Applications

The new changes will also enable asylum seekers to receive a decision on their application for a shorter period of time.

For now, the maximum period that the procession of an asylum application can take is six months, though the same can be prolonged for a period of 18 months when necessary.

“Changes in asylum procedure law should lead to faster court decisions,” the European Website on Integration says regarding the new changes.

It also explains that in 2021 the German authorities had received a high number of complaints on asylum decisions, 38 percent of which had been appealed.

The new rules will also introduce a new procedure for asylum seekers to receive independent advice on the application before they submit one.

“In addition, the regular review of asylum decisions is to be abolished, and revocation and withdrawal procedures will in future only be carried out on an ad hoc basis in order to make better use of the capacities of the Federal Office for Migration and Refugees (Bamf),” the German parliament notes in a statement regarding the law.

In addition, Germany now wants to keep foreigners in custody pending deportation for a maximum of six months upon their convictions of the crimes they have permitted, which period currently now is three months.

Facilitated Visa Rules for Indian Citizens

Upon the announced changes in the immigration rules, Germany has signed an agreement with India to promote the mobility of students, trainees, as well as professionals, as well as to combat irregular migration and fight human trafficking.

Minister of the Interior Nancy Faeser has called the agreement an important step for Germany to tackle the shortage of employees in several vital sectors while also calling it a milestone for a deeper German-Indian partnership in the area of ​​migration.

Through the deal, Germany will also be able to return to India, Indian nationals who have been staying in the country illegally.

Cyprus  |  asylum  |  migration  |  Germany  |  Europe

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