On November 17th 2006 the Conference of the Ministers of the Interior agreed on a new regulation concerning residentship based on the current Residence Act. In some aspects this is a real progress, but in many it is a big step backwards.

In Germany there are more than 180.000 people with a status providing “exceptional leave to remain”, which means a temporary suspension of deportation. Though there is no asylum granted for these people and therefore they would actually have the duty to leave the country, but the German authorities cannot deport them. “Exceptional leaves to remain” normally are valid for some few months and have to be renewed afterwards. But there is always the danger of immediate deportation. In Germany there are about 140.000 who have been living with these circumstances for more than five years. In German this procedure is called KETTENDULDUNG. On the one hand this means enourmous psychological strain for the affected, because they always have to be afraid of the obligation of returning to the country they left. On the other hand this implicates some substantial disadvantages: Mostly these “tolerated” don’t receive a permission to work and they cannot provide their living on their own. If the don’t live in a home for foreigners and have to live of non-cash-benefits, it is hard to find an own accomodation, because many landlords don’t let appartments to “tolerated”.

Officially these regulations concerning the right of residentship should ease the procedure of exceptional leave to remain (KETTENDULDUNG) and should put the affected out of their misery. However, only a few can hope for pemanent residence permit, because there are many exceptions.

• Duration of residence
  Refugees living in Germany less than 8 years are excluded of this regulation. The necessary duration of residence in Germany is lowered to 6 years only for families having at least one underage, unmarried child who entered under the age of 18 and who are expected to become well-integrated because of their education and living-conditions.
• Occupation
  Refugees must prove that they have a stable empolyment which can cover the living of their familiy. Therefore they must prove that they can be independent from social benefits in future. According to the current situation on the labour market it is an unconquerable barrier for many of the affected.
  Especially people who are permanently unable to work, old, ill or handicapped are virtually excluded from a right of residence. They only receive a permission to stay here if their means of substinence (also necessary attendance and fostering) can be covered without any social benefits permanently. Thus, a relative or another person has to cover the costs fpr the means of living, the attendacne and fostering. Because of constitutional reasons this discrimination of people who are permanently unable to work, old, ill or handicapped seems more than dubious.
• Accomodation and language skills
  Refugees must prove that they have adequate accomodation, normally a rented apartment. Residential accomodation where they have to live as refugees because of special laws, is not enough.
  Moreover, refugees have to verify that all (!!) familiy-members have good oral language skills. This is a blatant contradiction to the German policy on foreigners. German courses which are free of charge have only existed for a short time and are only for shortly immigrated persons, who are not affected by the Residence Act. Mostly they don't have financial means for expensive German courses.
  Refugees are exluded from the Right of Residence because of discriminating laws concerning the verification of accomodation and language skills.
• Further criteria of exclusation
  There are even more criteria of exclusation in the Residence Act. Therefore refugees shall be excluded, who have declared a wrong identity or origin, who are convicted because of a criminal offence (exception: a fine calculated on the personal income with less than 50 'daily rates' or 90 'daily rates' in cases of offences against migration laws)

These exceptions provide that the majority of the affected have no possibility on a right of residence. According to press coverage there are only about 20.000 people affected by the new right of residence and therefore get a stable permission to stay. This proves that there are no humanitarian thoughts on these regulations. Merely demands on a liberal policy on migrants and refugees shall be invalidated.

The way of thinking concerning the new regulations of residenceship has still been the same for decades: Whereas the few who are valuable in economic reasons are allowed to stay in Germany for a limited tim, the majority shall remain where they come from - although many of these are the persons who would need help and shelter. If they get into Germany the German policy on migrants and refugees only knows one solution: exclusion and deportation.

•  information on the homepage of the Flüchtlingsrat Berlin
•  decision of the conference of the ministers of the interior