The Zuwanderungsgesetz (law for the controlling and delimitation of the Zuwanderung and for the regulation of the stay and the integration of union citizens and foreigners) regulates the immigration into the Federal Republic of Germany (when simultaneous avoidance the term immigration). It was announced on 5 August 2004 (BGBl. I P. 1950) and came into force on 1 January 2005. Relevant discussions and political arguments for this took place in Germany in the years 2001 to 2004. For the illegal migration the law contains appropriate penal provisions, also illegaly entries can however - if they announce themselves at the authorities - refugee protection or a tolerance to perhaps stress.
The most important reorganization is the residence law introduced again with article 1 of the Zuwanderungsgesetzes, which replaces the earlier aliens act of 1990. Former residence law/EEC of 1980 was replaced likewise, by the law over the general liberality of union citizen introduced again with article 2 of the Zuwanderungsgesetzes.
By article 3 to 12 of the Zuwanderungsgesetzes the among other things following laws were changed:
The residence law regulates systematics of the residence titles again. In place of the earlier designations residence permit, - grant, - power and - step authorization
Differently than in former times the purpose of the stay, for which the residence title was given, under indication of the respective Gesetzesparagrafen of the residence law (AufenthG) is indicated always in the residence permit (example: ""§ 28 AufenthG "for a spouse after course to a German). Altogether the residence law knows about 45 different residence purposes.
A residence status can besides through
- after the - through
The work permit is given by the foreigner authority (and no more of the work agency) and registered into the residence title. Distinctive between one "occupation "as employees and an independent gainful employment. The foreigner authority in most cases carries the note "for gainful employment permitted "into the residence title, which covers unrestricted permission for occupations of each kind as well as for the independent activity. In some drop's groups must foreigner authority however before permission occupation only agreement federal agency for work to catch up, which after an examination of the job market and the conditions of work, which the foreigner decides would like to become active, on it whether the practice can be permitted to an occupation, and whether this permission is made dependent on restrictions (for instance to the kind of the exercised activity or the employer). The foreigner authority given then if necessary only an accordingly limited permission for the occupation.
The new migration of workers is regulated - as before - to a large extent by statutory orders, which were issued not by the Zuwanderungsgesetz, but in special regulation procedures. The occupation regulation which were issued after the residence law and the occupation procedure regulation replace the earlier "enlisting stop exception regulation "and the work permit regulation ". The circle of acquaintances of the new immigrants is to a large extent identically remained to after earlier right.
It is new that foreign studying can remain in Germany, if they find accordingly qualified working premises here after the study, whereby however usually one is accomplished "job market examination "- see above - and the residence permit is rejected, if residents or foreigners with already secured stay are available.
Likewise from the work agency to the foreigner authority changed the competence for the decision is over the participation authorization at a measure for "the language promotion "(German courses, 600 hours), which together with "the orientation courses ", which knowledge is to obtain the integration courses to state, society and history (30 hours), form. The language promotion was in former times in the social right ("§ 419 FF. SGB III - Work promotion) regulated, while they became now a component of the unlimited right to residence ("§ 43 FF. AufenthG). It is new that apart from a participation authorization in justified individual cases also a participation obligation can be specified. For the permission of entitled to take part ones as well as - in case of remaining free places - if necessary other foreigner to the courses, for which assignment of the conveyances is and the conception of the courses the Federal Office responsibly for migration and refugees (BAMF), which came out from the past Federal Office for the acknowledgment of foreign refugees ("§ 75 AufenthG), which was renamed by the Zuwanderungsgesetz. Details to the integration courses regulate the integration course regulation.
Contrary to the earlier legal interpretation, according to which the status than refugee was granted after that Geneva refugee convention only with national pursuit, 1 AufenthG a relevant pursuit can be recognized now also then, if pursuit proceeds from parties and organizations, as well as those the state or substantial parts of the national territory controls by non-governmental participants after "§ 60 exp., as far as these are not will or able to offer appropriate protection from pursuit. Also a advanced civil war situation can justify, if no domestic escape alternative exists, a unlimited right to residence. New is also "sex specific pursuit ", if applicant inside not by the state, but for example by relatives straight are pursued because of the sex.
A new fact in the foreigner right is the possibility for the mechanism of hardness drop commissions on regional level, which for the first time standardizes a legal basis for a residence permit due to the request of a ("§ 23a AufenthG). The decision over a unlimited right to residence for foreigners is made dependent thereby actually on an initiative of a place outside of the administration. The decision over the distribution of such a residence permit on request of a hardness drop commission remains however at the responsible foreigner authority and/or the superordinate authority (= ministry of the Interior). Some Lands of the Federal Republic announced to furnish hardness drop commissions others this excluded.
About two thirds of the regulations of the residence law took over to a large extent invariably from the earlier aliens act, changed in the case often only the number of the respective Paragrafen. This concerns for instance the special punishing and legal regulations covering fines with offences against the foreigner right, the regulations over the pushing away detention, the regulations over the classification or for the penetration of the departure obligation.