"When you set out for foreign lands, do not look back."
Pythagoras
Conditions for Obtaining the Status
Late resettler status requires proof of German ethnicity, a lasting commitment to German culture, and German proficiency at a native-family level (Section 6 BVFG).
Germany is a country with a rich, eventful history, beautiful nature, and well-developed infrastructure. Germany is a country of interesting ideas that get put into practice. Central importance is placed on education, science, research and development. Historically, the country is a union of 16 federal states, each with its own distinctive culture, traditions and certain differences in law, all of them subordinate to the federal government headed by a chancellor. Its picturesque nature, stunning landscapes, tidy and well-kept big cities and tiny towns alike — many foreigners dream of moving permanently to precisely this country. As professionals with extensive experience supporting various immigration cases, we can note that obtaining permission to reside in Germany is at once both a simple and a complex undertaking. On the one hand, the German passion for order is well known, including attention to detail and thoroughness in bureaucratic matters. On the other hand, these features of the German mentality also work in applicants' favor — if all the preconditions and document requirements are followed precisely, no problems or misunderstandings should arise. Despite the seemingly simple task of preparing documents for submission to the relevant immigration authority, each case has many nuances. Professional legal assistance can, in such cases, prove invaluable and save time, effort and money. Many of our readers surely know how bitter it is to be refused in matters this important to one's life. Sometimes incorrect interpretations of the law or errors in documents can completely derail far-reaching plans, however strange that may seem, even in cases where the applicant has every right to move. In this article we tell our readers about one case from our legal practice in which we managed to help a young woman who dreamed of moving to Germany to train as an architect and later find work in her field.
A middle-aged man came to us for a consultation — let's call him Leonid. He told us how, about ten years earlier, he had moved to Germany together with his father as the descendant of a "late resettler." Under this program, persons of German ethnicity who remained living in the territory of the former Soviet Union from May 1945, or after being expelled from 31 March 1952, as well as members of their families, are entitled to apply for late resettler status, allowing them to resettle in Germany permanently. The term "resettlers" (Aussiedler) first appeared after Germany adopted the "Act on the Affairs of Displaced Persons and Refugees" (Gesetz ueber die Angelegenheiten der Vertriebenen und Fluechtlinge, or "Bundesvertriebengesetz" — BVFG) in 1953. One significant advantage of this program is that, alongside the "principal" resettler, who is entitled to move upon meeting certain preconditions set out in the Act, family members may also move under its various sections — including spouses and descendants in the direct line (children and grandchildren), as well as their husbands and wives. It was under this program that our client Leonid (name changed) had come to Germany. By the time he consulted our law firm, his life was fully settled and arranged — a large house in a Berlin suburb, a successful business, a beautiful young wife, and two school-age children. So what brought him to us for a consultation?
As it turned out, the problem was this: back in a small town in Siberia, Leonid had a daughter — let's call her Anastasia. When our client moved, the girl was seven years old. At the time she lived with her mother, Leonid's former partner. The girl's father had wanted to take her with him to Germany back then, but her mother was firmly against it, and Leonid himself was not entirely sure at the time that he could manage raising a child alone in a new, not-yet-settled place of residence. As the well-known French writer Honoré de Balzac rightly said: "Everything comes in time to those who know how to wait." That time came: the girl grew up into a bright, curious, and thoroughly independent young woman, eager to learn as much as possible, see the world, and travel. Throughout those years she never lost touch with her father, visiting him in Germany several times and periodically spending her holidays with him. By the time she was old enough, she could already appreciate all the advantages of living in a major European country with a strong economy, a stable political situation, and decent social support for its citizens. After several serious, lengthy conversations — including with Anastasia's mother — a final decision was made: the young woman would move to Germany into her father's care. It might seem that all that remained was to pack her bags and move, but how were all the crucial legal formalities to be settled? It was with this question that Leonid approached our firm's attorney, who specializes in immigration law matters.
The attorney reviewed the documents the client provided and got to work without delay. At first glance, Anastasia retained her right to move to Germany under Section 7 BVFG as the descendant (granddaughter) of a late resettler. There was, however, an important nuance in this case: she was still a minor and, under the rules, could only have left her country of residence together with one of her parents (her father) — something that had not been done at the time and could no longer be done retroactively. Nevertheless, we set about preparing a complete set of documents for Anastasia, explained to her the requirements for taking the Start Deutsch A1 German-language exam, completed all the necessary forms and applications on her behalf, and helped prepare and then legalize the required document translations. Thanks to our prompt work and close coordination with our client and his daughter, by the time the young woman turned eighteen, the full set of documents was ready. All that remained was to add confirmation that she was now of age and entitled to move to the country on her own. The complete package was submitted to Germany's Federal Office of Administration (Bundesverwaltungsamt, BVA) for review. Just as we had rightly anticipated, less than six months later we received a positive decision in our client's daughter's case. Nothing now stood in the young woman's way — quite the opposite: a promising, bright future awaited her in one of the leading countries of the European Union. Naturally, our cooperation with this family did not end there; we will continue to handle this matter until every necessary document in Germany has been fully processed and the young woman receives her long-awaited German citizenship passport.
Undoubtedly, an important step at this stage of Anastasia's life is successful admission, first to a Studienkolleg (a preparatory institution for foreign students wishing to begin or continue studies at a German university), and then to a university itself. In today's world, where time moves ever faster, the volume of information grows exponentially, and each new generation has ever more opportunities for education, learning and self-improvement, it is hard to overstate the importance of choosing the right education at the right time. Increasingly, it is the key to a person's successful self-realization in modern society. Higher education in Germany is considered among the best in Europe and the world. Graduates of German universities, foreigners included, become sought-after specialists both within Germany and beyond, in other EU countries. While preserving long-standing traditions, German universities keep pace with the times. Various programs are gradually being introduced to reflect new developments in technology and scientific achievement, and against this backdrop, faculty and curriculum planners are continually revising study programs. What is more, tuition at state institutions here is practically free, aside from a semester contribution that, depending on the federal state, ranges from 280 to 500 euros per semester. So all Anastasia will need for admission to a German university is a solid level of academic preparation. We wished the young and promising woman, as well as her parents, all the best in every endeavor from the bottom of our hearts — and as for the no less important "legal side of things," we take that entirely upon ourselves.
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