How to Resettle in Germany If the Requirements Have Changed?

"Whether it's better here or there depends

on where the question is asked."
Simon Moiseev

Moving to Germany for permanent residence remains an attractive option for Russians and people from the former CIS, promising life in a country with stable economic growth, a high standard of living, and strong social welfare.

One program that offers the possibility of permanent relocation 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, allowing them to move to Germany for permanent residence relatively quickly. 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, as well as their family members, is entitled to resettle in Germany and to receive social support from the German state.

To obtain late resettler status in Germany, an applicant must currently satisfy one of the following prerequisites:

documented proof of German ancestry (Bekenntnis und Abstammung zum deutschen Volkstum);
German proficiency at a level no lower than B1 (either by passing a language test at the German embassy responsible for the applicant's place of residence, or by presenting a Goethe-Institut B1 certificate — successfully passing the "Sprechen" speaking module is sufficient);
no outstanding criminal record;
no grounds for refusal under Section 5 of the Federal Expellees and Refugees Act (having held certain positions or benefited from preferential treatment during the Soviet era);
permanent residence in a compact resettlement area (Aussiedlungsgebiet);
and others.

The first thing a prospective emigrant should therefore consider is their ancestry. However, having German roots is a mandatory but not the only condition. Resettlement applications are reviewed by Germany's Federal Office of Administration (BVA), which places importance on applicants having a "German self-identity." In other words, it is essential to reliably prove one's German ethnicity (deutsche Volkszugehoerigkeit). One way of proving this is German proficiency at a level that allows free conversation on everyday topics, without complex expressions or specialized terminology. Once every prerequisite has been met, the principal applicant receives a guarantee of admission (Aufnahmebescheid). This guarantee of admission has no expiry date and allows entry into Germany at any time of the applicant's choosing.

Under Section 7 BVFG, spouses and descendants (biological as well as adopted children, and grandchildren, including adult ones) of late resettlers may also be admitted for permanent residence in Germany. An applicant may include their spouse and children in the Aufnahmebescheid, and they too are entitled to obtain citizenship on the same grounds. The only exception concerns spouses whose marriage to the late resettler, at the time the Antrag S (application to the Federal Office of Administration) is filed, had lasted less than three years (what counts is not the total length of the marriage, but only the three years immediately preceding the application). Such spouses can move to Germany only by obtaining a temporary residence permit under the "family reunification" program and remain in Germany with the status of foreign nationals. It should also be remembered that persons with Section 7 or Section 8 BVFG status may only enter Germany together with the late resettler and only for as long as the family relationship on the basis of which they were included in the admission decision (Aufnahmebescheid) continues to exist. This rule is stated in the resettler's Aufnahmebescheid itself. Furthermore, if the statutory requirements for obtaining late resettler status change, an applicant who has not yet moved to Germany is obliged to update their set of documents to reflect the new requirements. Immigration law is one of the main areas of practice at our law firm. In this article we describe one case from our practice in which we managed to help an entire, by-then-extended resettler family move to Germany.

A client — let's call him Anatoly — came to us wanting to move to Germany together with his entire family. It would seem that every requirement for such a move had been met, and no obstacles should have arisen. Unfortunately, things turned out to be not quite so simple. The fact was that Anatoly had already once obtained an entry permit to Germany under the program described above. However, as the renowned poet and philosopher Al-Ma'arri aptly put it: "The minutes fly like swift horses; look around, and sunset is already near." By the time Anatoly finally got around to actually moving, circumstances had changed considerably.

First, due to the changed statutory requirements, the applicant now had to pass a German language exam and prove proficiency at a level no lower than B1.

Second, Anatoly's two daughters, who had been minor children when the documents were first filed for resettler status, were, by the time our client approached our law firm, now grown and had reached adulthood. In theory, they could still move as family members of the applicant under Section 7 BVFG, but there was one important complication: in the meantime, they had started families of their own, and naturally wanted to bring the members of their new families to Germany as well. Having carefully studied the circumstances of our client's case, our firm's attorney, who specializes in late-resettler cases, recommended the following...

First, Anatoly needed to prepare for and pass a German language test at the B1 level (the "Sprechen" module being sufficient). Since he already spoke German at an advanced level, this posed no great difficulty — he had, after all, heard and spoken native German with his German grandmother and grandfather since childhood.

The attorney then advised our client's adult children to now obtain late resettler status independently under Section 4 of the Act (the children had been born before January 1, 1993). This way, they could obtain the coveted status and move together, no longer as members of Anatoly's family, but independently, together with the members of their own families.

Having received our clients' consent and the corresponding powers of attorney, the attorney got to work. He fully supervised the preparation and filing of documents for Anatoly's two adult daughters, taking into account that members of their own families were also moving. Sets of documents were assembled and checked for each applicant, and the necessary translations into German and apostilles were arranged. The documents were then submitted for review to the Federal Office for Migration and Foreigners' Affairs (Bundesverwaltungsamt — BVA). As we had expected, there was no long wait, and within a few months we received the long-awaited admission decisions granting Anatoly, together with his wife, and his daughters, together with the members of their families, the right to move to Germany without hindrance.

The next step is the move to Germany itself. Resettlers must first travel to the Friedland resettlement camp, where they register and undergo interviews with BVA officials. At the camp, the documents needed to register a permanent place of residence, to be referred to integration courses, and to obtain resettler benefits are all processed. Resettlers are then sent to their assigned region for permanent residence, with the applicant's preferences generally taken into account when a specific place of residence is chosen. After that, the new German citizens receive their late-resettler certificate — the Bescheinigung des Bundesvertriebenengesetzes nach Section 15.

All members of Anatoly's large family are now actively preparing for the move. We wholeheartedly wish success, happiness, and prosperity in Germany to everyone who has consciously chosen to make this move. In such cases, we encourage you to enlist the professional support of our attorneys. Drawing on years of experience and high professional qualifications, we are confident that we will do everything in our power and use every legal tool available to achieve a positive outcome, even in a complex case requiring an individual approach.

Immigration & Residence Law

Frequently Asked Questions

What happens if the statutory requirements change between obtaining the entry permit and actually moving?

An applicant who has not yet moved to Germany is obliged to update their set of documents to reflect the new requirements — for example, by additionally passing a B1-level language exam if no such requirement previously existed.

Can the adult children of a late resettler who already have their own families move to Germany?

Yes — if they meet the requirements under Section 4 BVFG (born before January 1, 1993), they can obtain late resettler status in their own right, rather than as family members of their parent, and move together with the members of their own families.

What is the certificate under Section 15 BVFG?

The Federal Office of Administration issues late resettlers a certificate under Section 15(1) BVFG as proof of their late resettler status; it is binding on nationality authorities and other bodies. Included spouses and descendants receive a certificate under Section 15(2) BVFG.

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