<em>Joint press release from the Federal Association of Unaccompanied Minor Refugees, terre des hommes , Youth Without Borders and PRO ASYL</em>
Berlin, November 30, 2022 – In the final stages, a flawed compromise threatens to be reached regarding the law introducing a right of residence based on opportunity, at the expense of young refugees. The Bundestag is scheduled to vote on the matter on Friday.
The Federal Association of Unaccompanied Minor Refugees, terre des hommes , Youth Without Borders and PRO ASYL criticize the fact that the future of young people is being jeopardized in order to reach a compromise and call on the members of parliament not to approve the stricter measures.
As was learned from coalition circles yesterday, it was agreed to accept stricter regulations regarding the right of residence for well-integrated young people and adolescents (§25a AufenthG) in order to secure the FDP's approval of the legislative proposal.
Section 25a of the German Residence Act currently stipulates that well-integrated young people can be granted a right of residence if they meet certain requirements – including successful school attendance or graduation, a clean criminal record, and four years of prior residence. The new regulation aims to reduce this prior residence period to three years.
At the urging of the FDP, an additional one-year waiting period is to be introduced as a hurdle, which was previously not a requirement. In effect, this new regulation would mean that significantly fewer young people would benefit from the scheme than originally planned, and immigration authorities would have the option of deporting well-integrated young people during the waiting period.
If this regulation is implemented, the chances of obtaining a right to remain would be determined by chance. Federal states and immigration authorities pursuing a restrictive policy could then attempt to circumvent the right to remain – for example, by refusing to grant temporary residence permits and thus preventing any periods of prior toleration from accruing.
At the same time, the regulation would primarily affect young people who are making particularly rapid progress in Germany and who already meet the high demands for academic achievement and other integration requirements during the asylum process. Young people who begin vocational training during the asylum process also face, in certain cases, a ban on employment during the preliminary period of tolerated stay and would have to interrupt their training for a year.