Myths and Legends of Mysterious Friedland

"Immigration is the sincerest form of flattery."

Abramo Organski, American political scientist

One of the programs offering a route to immigrate to Germany is the "Late Resettlers" program. 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 permanently in Germany. Taking part in this program involves meeting a number of requirements, including documentary proof of German roots, language proficiency, and a clean criminal record. The authority responsible for reviewing such applications is the Federal Office of Administration (Bundesverwaltungsamt — BVA). How long an application takes to process depends on the following factors:

1. if the application seeks to reopen a previous case that had earlier been refused (including cases concerning ancestors in the direct family line), review — given the 2013 amendments to the BVFG — takes at least 2 years;

2. if the application is being filed for the first time, the processing time depends on how correctly the Antrag S form was completed, the completeness of the documents submitted, and their correct execution, including meeting the German-language requirement (in our own practice, the fastest successful decision came 1.5 months after the case was initiated);

3. if the matter concerns including descendants and their family members in the admission decision (Aufnahmebescheid) of a late resettler already permanently resident in Germany, under Section 27(2) BVFG. In this case, the processing time depends on the late resettler's state of health, the correctness of the inclusion application (Einbeziehungsantrag), the completeness and correct execution of the documents, and submission of Start Deutsch A1 German-language certificates by adult descendants of the late resettler. Such cases typically take from 1 month (where the late resettler's health is poor and descendants meet all the above requirements) up to 1.5 years.

After receiving a positive decision (Aufnahmebescheid) and being issued a German category D visa at the German embassy in their country of residence, the resettler, together with the family members named in the decision, must report to a transit camp for resettlers in Germany. What exactly is this camp?

15 km from the German city of Göttingen in Lower Saxony lies the small town of Friedland, the first stop for everyone who has traveled to Germany for various reasons, most often in search of a better life. By the early 2000s the site had emptied out almost entirely, and it was decided to turn its grounds into a memorial museum. By 2014, however, the situation had changed dramatically, and in recent years this once-obsolete settlement has again filled with refugees and migrants seeking asylum. The appearance of a temporary reception facility for migrants in precisely this part of the country is no accident. The camp was founded at the very end of the Second World War. It was here that three occupation zones met: the Soviet zone (Thuringia), the British zone (Lower Saxony), and the American zone (Hesse). Add to that the fact that the most important railway lines of the time, between Kassel and Hanover, ran between the three, and it becomes clear that this location was practically predetermined. The idea of setting up the camp came from British forces, who had taken a liking to the grounds of Göttingen University's research laboratories. The Friedland camp for resettlers began operating on 20 September 1945. Over the years it has served different purposes: its first residents were released prisoners of war returning from the USSR; next came defectors crossing from East to West Germany; in the 1980s, Friedland temporarily housed Soviet migrants; later, resettlers. In the mid-20th century there were quite a number of such reception sites for late resettlers, but as the flow gradually decreased, only Friedland remains in operation today. The camp's main purpose is to register new arrivals and place them throughout Germany, where possible in line with the arrivals' own wishes (relatives, potential employment and other grounds). Arrivals are typically accommodated for a period of 3-4 days. That time is usually enough to carry out the following procedures: checking the documents on hand and verifying that the information in the application form is consistent; a chest X-ray; and an interview with representatives of the employment center. So as not to lose track of what comes next, each temporary resident of the camp is given a slip listing the schedule and location of the various required appointments. In this article we describe one interesting case from our extensive practice of providing legal support to families of "late resettlers."

We accompanied Alexei (name changed) and his family through the entire process of obtaining "late resettler" status, from the start through to the positive admission decision (Aufnahmebescheid). After that, Alexei needed to wind up his affairs in his home town in Russia and physically move with his family to Germany, initially to the transit camp in Friedland. Our client was so satisfied with the work we had done preparing the documents and supporting the entire process of obtaining the long-awaited status that he asked us to accompany him during the first steps after moving to Germany as well. As a well-known Chinese proverb has it: "A man without a smiling face must not open a shop." Naturally, we did not refuse our client, and we accompanied him, his wife and their two children, including at the resettler camp in Friedland. On the one hand, the procedure they had to go through before their final settlement at a permanent place of residence was fairly standard. On the other hand, everyone knows the German penchant for order in everything related to paperwork, and their thoroughness when it comes to verifying the accuracy of information. Anyone moving must therefore be aware that all interviews with officials will, first, be conducted only in German. If you do not yet speak the language fluently, it is always better to bring along relatives or interpreters. Second, one must be extremely careful and attentive about exactly what one says in interviews and states on forms and applications. However strange it may seem, even after obtaining "late resettler" status, if it turns out that important information was concealed or the information provided does not match reality, you can simply be turned away and sent back home. Unfortunately, you will not get a second chance to move to Germany under this program.

So, our firm's attorney accompanied Alexei and his family through every stage of their ordeal at the camp. At first everything went smoothly — the attorney acted as authorized representative and, at the same time, as interpreter at every procedure, and Alexei was already making plans for his future in Germany, were it not for one serious "but"... First, the officials were unhappy that our client, like the other members of his family, held only a Schengen visa in his passport rather than a national German category "D" visa. Our attorney explained in this case that this detail was not grounds for refusing admission to resettlers — they had entered and remained in the country on a legal basis. The officials' second concern was that the newly arrived citizens had not deregistered their residence in Russia and, according to information in their employment records, had not terminated their employment with Russian employers. These circumstances were, with a fair degree of certainty, an indication that these citizens did not, in fact, intend to resettle permanently in Germany. It became clear to our firm's attorney, who was accompanying the clients, that action in this case had to be swift and professional. If a decision refusing admission at the camp were issued, the family would have had to return to Russia, permanently losing their right to move to Germany under the "late resettlers" program. Naturally, such an unfortunate outcome was not at all part of the family's plans.

The attorney secured a personal meeting with the official handling the case of the family he represented. This was necessary in order to find a way out of the situation that would work for everyone. The attorney's diplomacy and years of effective experience working in Germany paid off — our clients' documents were left without a decision on the merits; they needed to return to Russia and complete the necessary procedures there. They would then have to re-enter Germany, register again at the camp, and submit their documents as new arrivals. Most importantly, no negative decision had been issued on their case, and provided they met all the requirements stated, the grounds for moving permanently to Germany remained available to them. Alexei thanked our firm's attorney for a job excellently done. Had it not been for his timely intervention, all of the family's grand plans to start a new life in Germany could have been ruined.

In closing, we would like to emphasize once again that the help of a professional attorney in submitting and pursuing immigration applications, supporting the review process, and later providing advice after moving to Germany is, in a number of cases, an important condition for achieving your goal quickly and without complications. The case described in this article illustrates that perfectly. When you turn to an experienced attorney, you can always count not only on high-quality, professional legal advice and legal support throughout the entire process, but also on the chance to receive timely advice on choosing the best course of action if new circumstances arise in your case at some point. Our firm's highly qualified attorneys, who have brought a great many cases to a successful conclusion, will always help you find the best solution even in the most complex and unusual case.

Immigration & Residence Law

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