The German Bundestag passed a law that would allow people who "tolerate residence" to obtain new ways to obtain permanent residence in Germany. Here is some background on this controversial law – and what it means for immigration.
An immigrant from Germany held their "Duldung" notification. Photo: Picture Alliance/dpa | Wolfgangkum
What happened?
After the ruling traffic light coalition and CDU/CSU politicians fought fiercely, the Bundestag passed what they called the Chancel-Aufenthaltsrecht law on Friday.
In the parliamentary vote, 371 members from the traffic light coalition parties - Social Democratic Party (SPD), Green Party and Liberal Democratic Party (FPD) voted in favor of the bill. A total of 226 MPs voted against, including 157 CDU/CSU members, 66 MPs from Far Right German Selection Party (AfD) and 3 independent MPs.
The 57 people abstained from the left-wing Linke party, as well as some CDU/CSU MPs and three FDP MPs.
This law aims to provide a new way of residence for those who have lived in Germany for at least 5 years with a “residence tolerance” license by October 31, 2022. Now, the group will have 18 months to meet the criteria for permanent residence, which includes proof of at least B1 level German levels and show that they can be financially self-sufficient.
However, people who commit crimes or provide false identity information will not have the opportunity to apply for a residence permit.
What is "tolerant stay"?
Tolerance Residence Permit, Duldung, is granted to those who are theoretically prohibited from residency in Germany but are unable to leave in reality. This may be due to their health status, care responsibilities, their own country’s circumstances or lack of identification documents.
It is estimated that about 136,600 people have lived in the country in this capacity for at least five years, including those seeking asylum but whose application was denied.
Germany has traditionally dealt with these difficult situations by suspending deportation, providing a "Duldung" license, which allows the relevant personnel to temporarily reside.
Recently, special identities have been added for immigrants who end up vocational training or work, allowing some immigrants to receive training or employment while obtaining a tolerant residence permit.
However, the situation remains unstable for many people. Since tolerating identity means temporary, authorities often end up issuing multiple permits over a period of time, bringing pressure and uncertainty to immigration and bringing additional paperwork to the country.
What changes will happen to the lives of these people?
Things will be much easier in the future for those who speak a little German and have a guaranteed life.
Those who have lived here for at least five years will be granted a 18-month license, which will give them time to transition from a vulnerable tolerant identity to a formal permanent residence . In addition, people aged 27 or under, as well as adults who are particularly well integrated into society, can get this opportunity only after living for three years.
This will in turn enable them to participate in work or training, become self-employed people, start businesses, and apply for social welfare.
Most importantly, they will feel safe knowing that they can stay in the country as long as they want and are able to present formal residence permits to employers, landlords and public authorities.
A woman held a sign "Stop Deportation" during a protest outside Berlin-Brandenburg Airport. Photo: Picture Alliance/dpa | Christopher Gatto
More importantly, it should be easier for them to try to reunite with their close family.
However, some people may still be outside the scope of the new law.According to official statistics, 242,000 people currently live in Germany as tolerated—which means more than 100,000 people will not be protected by the new laws. The same is true for those who have Duldung in the future.
Even among those who have been here for five years or more, a key condition for obtaining permanent residence—proving their identity—may remain a major obstacle. However, the law does provide people with an opportunity to bypass this if they take “necessary and reasonable measures” to clarify their identities.
How are people responding to the new law?
As expected, the ruling party that drafted the law, the Social Democratic Party, believes that their approach will ultimately provide people with a humanized way to permanent residence in Germany. "We are ending the current chain tolerant practices," said Interior Minister Nancy Feather (SPD), referring to the practice of issuing multiple tolerant permits over time. "To do so, we will also end the uncertainty that has often lasted for years for those who have long been part of our society."
Adis Ahmetovic grew up as a "tolerated" immigrant, talking about his difficulties in the Bundestag and said he even faced an expulsion order. "It's obviously useless because now I'm an elected MP," he said, adding that the Opportunity Law is moving towards "equal, participation, recognition and respect".
However, not everyone is positive about this change, especially the CDU and CDU parties object to it. Andrea Lindholz (CSU), deputy leader of the parliamentary party, told the government that it would be better to focus on “those who are truly entitled to protection”.
CDU Deputy Parliamentary Leader Andrea Lindholz openly opposes the "right to opportunity" law in the Bundestag. Photo: Picture Alliance/dpa | Kay Nietfeld
She added that there are enough exceptions and pragmatic solutions for a well-integrated long-term tolerance for immigration.
Axel Ströhlein, president of the Bavaria Asylum and Repatriation Office, also criticized the fact that the access to residence is only applicable to those who have been deemed to be ineligible for asylum or are protected from deportation. He said the new regulations would undermine the meaning and purpose of asylum right and could send a signal that non-cooperation is worthwhile and would lead to the acquisition of residency.
However, others welcomed the change, but said it was not enough.
Kristian Garthus-Niegel of the Saxony Refugee Commission publicly expressed his support for Linke's amendment to effectively end the "tolerance" state by canceling the legally stipulated deadline for long-term residence. The amendment was rejected in the Bundestag. Are there any other important changes that need to be understood in
?
Yes. Since the government permanently exempts language requirements for spouses of highly qualified workers, skilled workers coming to Germany can also bring their families more easily in the future.
In addition, they hope to provide language and fusion courses more widely and to accelerate the application of asylum in the future.
On the other hand, people who have committed crimes or are considered dangerous will be more easily and quickly deported.
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