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COUNTRY FACTSHEET: Germany 2015 EUROPEAN MIGRATION NETWORK COUNTRY FACTSHEET: Germany 2015 EUROPEAN MIGRATION NETWORK 1. Introduction Continuing these admissions is planned for 2016 in a few federal Länder. Also the support of the European This EMN Country Factsheet provides a factual Commission’s recommendation for the admission of overview of the main policy developments in migration substantial quotas from Turkey was announced. and international protection in Germany during 2015, including latest statistics. 3. Unaccompanied Minors and other 2. Common European Asylum System Vulnerable Groups In terms of legislative and policy changes, no The ‘Acceleration of the Asylum Procedure’ Act1 developments were reported in 2015. German law entered into force in October 2015. Through the act conforms notably to the requirements set up by the legal capacity of minors in the asylum procedures directives 2013/32/EU (Asylum Procedures) and has been adapted; the age was changed from 2013/33/EU (Reception Conditions). There was no previously 16 years to 18 years. In practice this means need for legislative measures. minors below the age of 18 can only apply for asylum through the support of their legal guardian. Regarding resettlement activities, Germany provided 500 resettlement places in 2015. In total The Act on ‘the improvement of accommodation, 21 persons were relocated to Germany from Italy (11) supply and care of foreign children and and Greece (10) under the relocation decisions of adolescents’2 entered into force in November 2015. September until 31.12.2015. A total of 179 places The act introduced a nation-wide distribution quota for were available for the resettlement process from Unaccompanied Minors (UAM) treating them in the Sudan and 180 persons were admitted, as one child same way as adults, while previously minors received was born prior to the mother leaving Sudan. For the accommodation where they first arrived. The resettlement process from Egypt 300 places were municipalities are confronted with several challenges, available, but 301 persons were admitted as one child including training of staff and providing appropriate was born prior to the mother leaving Egypt. It was accommodation. Several specialist and welfare further announced that as of 2016/2017 Germany will associations as well as opposition parties criticized that be receiving up to 1,600 people as part of its the act leads to a situation where minors may not be resettlement programme. provided with legal representation before distribution within Germany takes place. The humanitarian admission programmes for people from Syria and their dependents seeking The new ‘Act on the redefinition of the right of protection, for which a total of 20,000 places were residence’, as well as changes in the Residence Act as available in three admission programmes since 2013, of 2015 stipulate that a TCN who is a victim of a was completed in 2015. All admission pledges and criminal offence shall be granted a residence permit visas have been issued and almost all the persons (as well as family reunification) for a temporary stay, concerned (primarily from Syria, Lebanon, Jordan and even if initially required to leave the federal territory. Turkey) have already entered Germany in 2015. In addition, relatives of Syrian nationals have been admitted under the federal Länder programmes 1 (10,000 visas were issued in 2015). No fixed quotas Asylverfahrensbeschleunigungsgesetz 2 apply to the programmes of the federal Länder. Gesetz zur Verbesserung der Unterbringung, Versorgung und Betreuung ausländischer Kinder und Jugendlicher Migration & Home Affairs The right of residence for persons belonging to this From 2016-2020 nationals from these countries can group may be extended for personal or humanitarian take up any form of employment with the approval of reasons once the criminal proceedings have been the Federal Employment Agency, based on the concluded. conditions that (1) the application was filed with the competent German diplomatic mission in the country 4. European Policy on Legal migration and of origin, and that (2) the applicant has not drawn any Integration benefits under the Asylum Seeker Benefits Act in the 24 months preceding the application. 4.1. PROMOTING LEGAL MIGRATION CHANNELS 4.3. FAMILY REUNIFICATION No policy developments were reported on this area in 2015. The right for family reunification was adapted in a 4.2. ECONOMIC MIGRATION new ‘Act on the redefinition of the right to stay and the termination of residence’4 that entered into force in Several policy changes were introduced in this area in August 2015. An exception was introduced to the 2015: requirement to have basic A1 knowledge of the German language before entering Germany through Based on changes to the Residence Act, a new family reunification. Through this exception spouses residence permit has been introduced for may be freed from the language requirement in cases foreign professionals. This residence permit may of inability or failure in spite of having tried to fulfil the be granted for up to 18 months and allows for the requirement. recognition of a vocational qualification abroad, for training measures and a subsequent examination. Changes in the Residence Act facilitated the family reunification of members of the core family of a Statutory minimum wage was introduced for subsidiary protected sponsor by giving them the every person employed in Germany as of January same rights to family reunification as family members 2015. of refugees. However, due to the influx of people requesting international protection and the numbers of Asylum seekers’ access to the labour market family members requesting family reunification, in was facilitated for asylum seekers and foreigners early 2016 the right for family reunification was whose deportation has been suspended. Measures withdrawn again by the Act on the Introduction of include simplified access to career-orientation and Accelerated Asylum Procedures, suspending the right training-related practical courses of up to three for family reunification for subsidiary protected months’ duration and access to temporary sponsors for two years.. employment for professionals and access to employment after 15 months’ residence. The ‘Act Redefining the Right to Stay and the Termination of Residence’ from August 2015 Further developments in 2015 include the introduction provides a facilitation of family reunification of of a pilot scheme on skilled circular migration between dependents joining victims of human trafficking even Georgia and Germany to match both countries labour before the criminal proceedings have been concluded market needs. It provides 34 Georgian health care and as well as of well integrated adolescents. hospitality sector professionals with employment and continued education opportunities in Germany. Upon 4.4. INTEGRATION completion of their assignments in Germany, they are During 2015, Germany continued to implement and being offered reintegration support promoting their develop different integration programmes and 3 successful return to Georgia. projects, such as: One of the main target groups of the Federal Finally, taking effect in January 2016 legal migration Operational Programme under the European for nationals of Albania, Bosnia and Herzegovina, Social Fund (ESF) are migrants (including asylum Kosovo, the Former Yugoslav Republic of Macedonia, seekers and refugees). The Programme is ongoing Montenegro and Serbia was fostered. and around 168,000 migrants are supposed to benefit from ESF funded measures. 3 This is part of the EU-co-financed project ‘Strengthening the development potential of the EU mobility partnership in Georgia through targeted circular migration and diaspora 4 Gesetz zur Neubestimmung des Bleiberechts und der mobilisation’. Aufenthaltsbeendigung 2 The ‘Integration through Qualification’ In July 2015 an online tutorial for migrants on decision promotion programme was renewed for the period making on remittances service providers has been 2015-2018 and aims to enable migrants to better included on the website. Furthermore, a project on utilize their qualifications at the German labour digital remittances has started in January 2016 in market. Around 340 sub-projects are already being Jordan for a three year period as part of a special implemented providing measures such as initiative on refugees of the German Federal Ministry recognition and qualification counselling for a better for Economic Cooperation and Development. labour market integration. New diaspora mappings on the Ethiopian, Ghanaian, Kenyan, Cameroonian, Nigerian, Indonesian, Since November 2015 integration programmes Vietnamese, Columbian, Egyptian, Moroccan and are open for asylum seekers during the asylum Georgian diaspora in Germany were commissioned by procedure if they have a ‘good perspective to the German Development Cooperation in 2015/16. stay’. During the integration programme the contact to the Federal Employment Agency will be 5. Irregular Migration and Return provided as soon as possible to enable a fast A new version of the General Administrative screening of competences and first counselling. Regulations on the Freedom of Movement Act/EU transposing Directive 2004/38 has been developed in Due to changes in the Act Redefining the Right to August 2015 providing local authorities with guidelines Stay and the Termination of Residence that entered on examining suspected cases of abuse in connection into force in August 2015 victims of human with the right to freedom of movement. trafficking may
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