With many years of experience resolving the most varied questions relating to obtaining late resettler status, our law firm makes a point of sharing that experience regularly with readers, so that someone facing what they consider an unsolvable problem understands that a qualified attorney's view can be quite the opposite. That said, we always remind readers that if you intend to take any legally significant step, you should seek comprehensive legal advice as early as possible, so that you are on the right track from the very start.
In some situations, however, one has to act not according to a plan made in advance but because of circumstances that arise. A vivid example of this kind of spontaneity was our client Larisa (name changed). Larisa was born into a German-Russian family in a small town in the Russian Federation. From early childhood, her father and his parents were keen to instill in her a love of German culture and traditions, so Larisa learned German even before starting school. Her mother, however, did not agree with this kind of upbringing, which led to constant conflict in the family, and Larisa's mother had almost no contact at all with her husband's parents. The disagreement became especially acute in the early 1990s, when the family had the opportunity to move to Germany together as late resettlers. Larisa's mother was firmly against moving, while her father very much wanted to go to his family's homeland. Since neither was willing to give way, Larisa's parents decided to divorce. Larisa stayed in Russia with her mother, while her father moved to Germany with his relatives.
Challenging a BVA Refusal
A refusal by the Bundesverwaltungsamt (BVA) to recognize late resettler status can be challenged before the administrative court — typically within one month of receiving the refusal.
Over the years, our client stayed in close contact with her father and his family, continued studying German at school, and even enrolled in a German studies program at university. Her mother, however, forbade her from visiting her relatives in Germany. Larisa then decided to take part in a student exchange program that would let her study for one semester at a German university.
Having completed the relevant paperwork and obtained confirmation of German proficiency at the Start Deutsch B2 level, Larisa arrived in Germany as an exchange student, choosing a university in the same city where her father lived. Killing two birds with one stone, our client both improved her language skills while gaining new experience at a German university, and finally had the chance to spend time with her father, grandmother and grandfather, who welcomed her very warmly.
As the exchange program drew to a close, however, our client realized she did not want to go home at all. Her father strongly urged her to enroll at a German university and complete her higher education in Germany. This was a very difficult decision for Larisa, since her mother — who did not support the idea — remained in Russia. For this reason, our client decided to study in Germany for one more semester as an exchange student and use that time to make a final decision.
The final factor tipping the scales toward enrolling at a German university was Larisa meeting a young man who was also a student at their university. Their friendship quickly grew into something stronger, and as a result our client decided to continue her studies in Germany; a few months later the couple decided to marry.
It was this moment that finally put an end to Larisa's doubts, and she realized that she saw her future in Germany. After discussing it with her father, our client decided to apply for late resettler status, submitting to the Federal Office of Administration (Bundesverwaltungsamt) copies of documents confirming her German ethnicity as well as her German proficiency at the Start Deutsch C1 level. Confident that no problems would arise, Larisa married after filing her application and continued her studies at the German university, calmly awaiting the competent authority's decision. After several months of waiting, however, our client was, to her great surprise, refused: according to the decision, Larisa was not entitled to late resettler status because she had left the area of forced resettlement, meaning she failed to meet one of the requirements under German law. Larisa's husband urged her to leave it at that, since in any case she was studying at a German university and could later obtain a residence permit as the wife of a German citizen. Our client, however, wanted to use every available option and turned to our law firm for legal assistance.
Our attorney, having carefully listened to Larisa's account, advised that the decision of the Federal Office of Administration could be challenged by proving that the requirement of residence in the area of forced resettlement had also been met — but that in order to identify the right counter-arguments, it was first necessary to review the case file.
Acting on Larisa's behalf and in her interest, our attorney sent an official letter to the competent authority notifying it that its decision regarding our client was being challenged. The attorney also requested that the case file be made available to our firm so that the necessary arguments could be prepared.
Having carefully reviewed the documents received, the attorney informed Larisa that the authority's decision relied on the fact that she had left Russia more than two years earlier, had married in Germany, and had accordingly shifted the center of her personal life to Germany. In addition, the language certificate our client had submitted had been obtained relatively recently in Germany, even though under the applicable requirements German proficiency had to be demonstrated before moving to Germany. Another fact that our client, during her conversation with the attorney, had considered unimportant and had not mentioned, was that during her studies Larisa had occasionally worked as a teacher's assistant at schools, using her knowledge of German and Russian. The competent authority, however, interpreted this fact as confirmation of Larisa's firm intention to reside permanently in Germany.
For these reasons, the attorney asked Larisa to provide the language certificate she had obtained back in Russia for the purpose of taking part in the exchange program, as well as proof of her registered residence in Russia and other documents needed to establish our client's legal position.
Having obtained the relevant evidence, our attorney submitted an appeal to the Federal Office of Administration arguing that the refusal to grant Larisa late resettler status had been unlawful, since our client fully satisfied all the requirements set out in German law.
First and foremost, the attorney emphasized that evidence of Larisa's German ethnicity had been properly submitted and was not disputed by the competent authority. Moreover, Larisa had already reached the required level of German proficiency while studying at a Russian university, as confirmed by the corresponding Start Deutsch B2 certificate, which our client had obtained two and a half years earlier in Russia. The Start Deutsch C1 certificate had been obtained in Germany and submitted to the authority merely as her most up-to-date language certificate.
As for the requirement of permanent residence in the area of forced resettlement, our attorney explained that, at the time Larisa applied for late resettler status, our client had left the area only temporarily, as also confirmed by a corresponding residence registration certificate. Under current case law and applicable legislation, a person's permanent place of residence is determined by the totality of objective and subjective factors indicating that the center of that person's personal life is located at their place of residence.
The attorney thus emphasized that Larisa had traveled to Germany as an exchange student at the age of 21. Our client's main purpose had been to study, gain new experience, and improve her language skills. At the time, Larisa was a student at a Russian university. The fact that she later enrolled at a German university and occasionally worked as a teacher's assistant at schools does not change her underlying intent, since her studies were a logical continuation of the education she had received in Russia, and her part-time work was temporary and carried out within her field of study in order to put her university knowledge into practice and earn some money, which is also important for a student. Larisa, however, continued to maintain close ties with her mother and friends in Russia, visiting them periodically.
Moreover, under current German case law, an applicant's studies at an institution away from their parents' place of residence do not by themselves shift that person's permanent residence to the place of study, provided that personal ties with the previous place of residence were not entirely severed.
Larisa's subsequent return to the area of forced resettlement was impossible because our client had married a German citizen — which represented a particular hardship for her and therefore constituted an exception under Section 27(1), second sentence of the German Federal Expellees Act (Bundesvertriebenengesetz).
The attorney thus argued, in detail and with sound legal reasoning, that our client had met every requirement laid down by German law and was accordingly entitled to late resettler status.
Because the counter-arguments presented by our attorney in the official appeal were based entirely on applicable German law and current case law, and were supported by corresponding evidence, the Federal Office of Administration had no choice but to overturn its earlier decision and grant our attorney's request on the client's behalf, awarding Larisa late resettler status.
This example from our law firm's practice shows that only a qualified attorney with many years of experience and regular practice in these matters can present the facts of a case in a legally sound way and find new evidence to support the legitimacy of your claims and your legal position.
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