Everyone who is granted late-resettler status in Germany must pass through a special camp located in the town of Friedland. Once they arrive in Germany, late resettlers are therefore required to report to that camp, where a registration certificate is issued. After successfully completing the registration procedure, newly arrived resettlers are finally assigned the specific legal provision under which they will live in Germany, and are given a placement allocating them to a permanent residence in a particular federal state. The main purpose of this administrative residence-allocation process is to spread the financial and other burdens of receiving resettlers evenly across each federal state. This quota depends on each federal state's financial resources, since almost every resettler family arriving in Germany immediately becomes eligible for social benefits — some temporarily, others permanently. If resettlers who are entitled to social assistance were free to settle wherever they liked, this would create an uneven burden on the social welfare funds. The quota is also set based on each federal state's population. In addition, the reason for assigning late resettlers a specific place of temporary residence is that lawmakers aim to prevent a heavy concentration of resettler families in particular locations, which helps resettlers integrate into the country more quickly. As a result, resettlers are restricted in their choice of residence for as long as they receive social assistance.
A change of residence is only possible if the person secures permanent employment at the new location and is able to support themselves financially on their own. Otherwise, a resettler who moves to another federal state may be denied any financial support and required to return to their assigned place of residence.
Permanent Settlement Permit
Unlike an ordinary residence permit, the Niederlassungserlaubnis is issued for an unlimited period and is not tied to a specific purpose of stay in Germany.
The same rule applies to Jewish emigrants who move to Germany under the simplified admission procedure. Margarita (name changed) moved to Germany several years ago, together with nearly all the members of her Jewish family, after being granted Jewish-emigrant status. Under the allocation system, the Konovalov family (surname changed) was sent to the state of Brandenburg. For several years, the whole family — Margarita, her parents, and her grandparents — lived together in one small town, holding an unlimited residence permit obtained upon entry. Years passed, Margarita grew up, and the time came to look for work. Since there were no suitable jobs in the local area, she turned her attention to Berlin, known for its strong labor market and wide range of openings. She soon found a job there and moved. Because the job was well paid and made her financially independent of the state, this entitled her to change her place of residence and relocate to another German federal state. Some time later, to the family's great sorrow, Margarita's grandmother, and soon afterward her grandfather, passed away. As a result, her parents were left entirely on their own and felt isolated. In addition, Margarita's father became disabled and was assigned a severe degree of disability, making it difficult for her mother to cope alone. It's no wonder that the parents began to consider moving to their daughter in Berlin, since she could help care for her father, and the family could be reunited.
At some point, the parents applied to the immigration authority in their city of residence for permission to move to their daughter. Their application was refused. In support of that refusal, the authority pointed to the parents' lack of means of subsistence and to the requirement that resettlers reside only at their assigned location. This is precisely why the family turned to our law firm for help in having this restriction on their choice of residence lifted.
Acting on behalf of and in the interests of the Konovalov family, our lawyer sent the competent authority a formal letter notifying it that its decision regarding our clients was being appealed. In the letter, the lawyer pointed to the need to lift the restriction and permit the change of residence, and argued that, given the family's interests, needs, and — above all — the special circumstances involved, the case should be treated as an exceptional situation warranting the removal of the existing restriction. In this connection, the lawyer noted that Margarita's father had a severe degree of disability and that his wife could not manage his care alone and needed her daughter's help. In addition, the house in Brandenburg where they were then living was not equipped for a wheelchair user — it had no elevator and no wheelchair ramps. On top of that, if our clients were permitted to move to another federal state, they had no claims against the state for social assistance, since their daughter had a well-paid job and was ready to support both her parents. What's more, the parents were already elderly, and the thought of having to spend the rest of their lives far from their daughter was unbearable for them.
In support of our position, the lawyer cited a ruling handed down by Germany's Federal Administrative Court (Bundesverwaltungsgericht, judgment of 15 January 2013, BVerwG 1 C 7.12). The court based its reasoning on the constitutional freedoms guaranteed under Article 2(2) of Germany's Basic Law (Grundgesetz). Since a residence restriction constitutes a substantial interference with a person's constitutional rights, the court held that a Jewish emigrant's unlimited residence permit can only be restricted by the immigration authority after a prior proportionality review. Such a restriction is disproportionate if its duration exceeds 12 years, the Jewish emigrant has reached retirement age and, for reasons beyond their control, can no longer support themselves, and their close relatives live outside the federal state or district they are not permitted to leave. Not all of these grounds need to be present for a restriction to be deemed disproportionate — meeting just one is enough. In our case, the clients satisfied every single condition set out in the ruling. The restriction imposed on them was therefore disproportionate and had to be lifted.
Taking into account the specific family circumstances described by the lawyer, the immigration authority acknowledged that the residence restriction was disproportionate in this case and granted permission for the change of residence. Before long, the happy family was reunited and living together in Berlin.
This example from our law firm's practice shows that only a qualified lawyer with years of experience and regular practice in a given area can present the facts and special circumstances of a case in a legally sound way that substantiates the merit of your claims and supports your legal position.
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