A different language is a different view of life.
Federico Fellini
Requirements for Obtaining the Status
Late resettler status requires proof of German ethnicity, a lasting commitment to German culture, and German proficiency at a family/native-speaker level (Section 6 BVFG).
Immigration law is one of the most popular practice areas at our law firm. Clients frequently come to us wanting, for various reasons, to move permanently to Germany. One program that offers such an opportunity is the "Late Resettler" program. Under this program, persons of German nationality who remained in the territory of the former Soviet Union from May 1945 onward, or from March 31, 1952 following their expulsion, along with members of their families, are entitled to seek late resettler status, which allows them to move permanently to Germany. The term "resettler" (German: Aussiedler) first appeared after Germany enacted the Federal Expellees and Refugees Act (Gesetz ueber die Angelegenheiten der Vertriebenen und Fluechtlinge), known for short as the Bundesvertriebengesetz (BVFG), in 1953. This Federal law governs the admission and integration into Germany of forcibly displaced persons and refugees of German nationality who left their places of settlement during and after the Second World War, as well as the admission of ethnic German resettlers from Eastern Europe and the countries of the former USSR. This group of people is entitled to resettle in Germany and to receive social support from the German state. A major advantage of this program is that "late resettlers" do not need to go through naturalization or renounce citizenship of their country of origin. Children of resettlers born in Germany likewise receive dual citizenship — of their country of origin and of Germany.
In our previous articles we have repeatedly described the requirements for moving to Germany from Russia as a "late resettler." It must be stressed that it is essential to reliably prove one's German ethnicity (deutsche Volkszugehoerigkeit). One way of proving this is the so-called commitment to the German people (Bekenntnis zum deutschen Volkstum), which, under Section 6 BVFG, is evidenced by factors such as language, upbringing, and culture. An applicant for the corresponding permit must demonstrate basic knowledge of German and provide proof of proficiency at the required level, at minimum a Goethe-Zertifikat B1 (under the six-level Common European Framework of Reference for Languages). This level implies fairly confident command of German, the ability to hold everyday conversations, write simple letters, and understand general information without specialized terminology. For various reasons, not every applicant for late resettler status has German proficiency sufficient to pass this exam. Fortunately, exceptions exist here. In particular, minors, persons with disabilities, and persons with an illness that prevents them from learning the language or makes testing impossible, are exempt from taking this language test. More lenient conditions are also granted to elderly applicants aged 65 and over.
It is also good news that, in 2013, Germany enacted — and still applies today — a law allowing previously rejected late-resettler applications to be reconsidered. Anyone planning to move to their homeland under the Late Resettler program should therefore know that a refusal for whatever reason is not necessarily the end of the road. In this article we describe one interesting case from our practice, in which we managed to help both our client and his mother obtain their long-sought status.
Our client was a young, successful man — let's call him Alexander. His elderly mother had long harbored plans to move to Germany, all the more so as she had the relevant prerequisites. About ten years earlier, in the early 2000s, she had independently prepared and submitted a set of documents to resettle in Germany under the Late Resettler program, including her then-minor son in her application. It would seem that every requirement had been met when the documents were filed, save for one "but." Despite her honest efforts, the mother was unable to pass the language exam. As a result, she was unable to prove her commitment to the German people and was refused by Germany's Federal Office of Administration (BVA). A corresponding negative decision was consequently also issued in respect of her minor child.
More than 10 years later, Alexander, now an adult, came to our law firm for professional advice and legal assistance. He now wanted to file his own immigration application under the same program and was hoping for a favorable outcome from the BVA. Our firm's attorney, who has specialized in late-resettler cases since 2003, gave the client a detailed consultation, explaining that his chances of success in this case were rather slim. This was due to the earlier, unchallenged refusal issued when the documents had been submitted by Alexander's mother. At our client's decision, a new set of documents was nevertheless prepared and submitted to the BVA. However, Alexander's new application, filed in his own name, was likewise refused.
Since Alexander still met every prerequisite for resettling in Germany, our firm's attorney handling his case proposed a different solution. As suggested by the attorney and agreed by the client, within the applicable deadline an appeal was filed against the BVA's decision on Alexander's case. At the same time, a new set of documents was prepared and submitted in respect of our client's elderly mother — that is, an application was filed to reopen the earlier case, which had been refused back in the early 2000s. Since Alexander's mother was still unable to pass the German language exam, we attached a corresponding explanation to the set of documents. The explanation was that, the first time she had submitted her documents, the woman had been unable to fully demonstrate confident knowledge of German because she possessed only "passive" German skills. At present, she was likewise unable to pass the language test, on account of her age and related health conditions. All supporting medical documents were duly attached to the application. Alexander's case and his mother's case were reviewed by the BVA in parallel, and the outcome of the first in fact depended on the outcome of the second. To our shared joy, favorable decisions in both cases were not long in coming. In the mother's case, a so-called admission decision (Aufnahmebescheid) was issued. On the basis of that decision, a corresponding favorable decision was also issued in respect of our client, Alexander. As a result, both mother and son were now entitled to move to Germany under the Late Resettler program.
To close this difficult story, which had a happy ending, we can only allow ourselves a small joke and retell a short exchange between two friends:
"I've decided to push back old age."
"How on earth do you do that?"
"Well, I moved to Germany — retirement age there is 67."
We wholeheartedly wish good health, happiness, and success in Germany to everyone who has consciously chosen to make the move. When preparing and submitting the corresponding set of documents, we encourage you to enlist the legal support of our attorneys. Drawing on our extensive experience successfully bringing cases to a logical conclusion, we are confident that we will do everything in our power and use every legal tool available to achieve a successful outcome, even in immigration cases with certain "complicating circumstances."
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