Since one of our law firm's main areas of practice is representing clients' interests in matters relating to immigration to Germany, our publications regularly cover the most common problems faced by those seeking late resettler status in Germany, and share possible solutions to such problems based on our experience with similar cases.
Because of decisions taken by the Soviet authorities in 1941 to forcibly relocate persons of German ethnicity and their descendants living in the Soviet Union to special settlements, without any possibility of changing their place of residence, a huge group of ethnic Germans emerged after the collapse of the Soviet Union who wished to take advantage of the opportunity offered by Germany and return to their historical homeland.
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 level (Section 6 BVFG).
To obtain late resettler status, an applicant must in every case meet the requirements set out under German law.
Under Section 4(1) of the German Federal Expellees and Refugees Act (Bundesvertriebenengesetz), a late resettler is a person of German ethnicity who left the territory of a state that was part of the USSR after 31 December 1992, under the admission procedure, and who obtained permanent residence in Germany within six months, provided that beforehand that person:
1. from 8 May 1945, or
2. following their own expulsion or that of one of their parents from 31 March 1952, or
3. from the time of their birth, where that person was born before 1 January 1993 and their parents/grandparents met the requirements of points 1-2 above,
4. permanently resided in the area of forced resettlement, i.e. on the territory of the former Soviet republics (Aussiedlungsgebiet).
Section 27(2) of the same Act also allows for resettlement to Germany, upon their request, of a late resettler's spouse — where the marriage has existed for at least three years (allowing the spouse to obtain status under Section 7 BVFG) — as well as their descendants, provided those persons permanently resided in the area of forced resettlement and that none of the grounds for refusal under Section 5 of the Act apply (such as committing a crime or membership in a terrorist organization).
In practice, the requirement most often causing difficulty for descendants and spouses of late resettlers is that of permanent residence in the area of forced resettlement, which the Federal Office of Administration reviews with particular care.
Our client Viktoria (name changed), a citizen of Kazakhstan whose father and grandfather were ethnic Germans, found herself in precisely this kind of situation; from early childhood she had absorbed a love of German traditions and the German language. After graduating from university, our client married a German citizen and moved to Germany to live there permanently.
Her marriage, however, did not last long, and after three years Viktoria returned once again to her parents in Kazakhstan. Our client quickly found a good job and began thinking about her future in that country. Her parents, however, who often visited their daughter in Germany, began instead to consider moving to Germany themselves as late resettlers.
A few months after their daughter returned from Germany, Viktoria's father Heinrich (name changed) came to our law firm asking for legal assistance with the procedure for obtaining late resettler status for himself and his wife. At that time, Viktoria was not planning to return to Germany. The review of the application our attorney submitted on Heinrich's behalf proceeded fairly smoothly, and Viktoria's parents were issued the corresponding entry permit (Aufnahmebescheid) granting late resettler status.
About a year after her parents moved to Germany, our client also decided to join them, and asked them to submit a request to the Federal Office of Administration to have Viktoria included in the entry permit they had received. Viktoria and her parents assumed this procedure would be fairly straightforward and did not consult an attorney.
Imagine their surprise when, a few months later, Viktoria received a refusal from the Federal Office of Administration. According to the decision, Viktoria had no legal right to be included in the entry permit to Germany, since she had not met all the prerequisites set out by law. In particular, the decision stated that, by having moved to Germany a few years earlier to join her husband, Viktoria had thereby left the area of forced resettlement.
Viktoria was very upset by the refusal and promptly came to our law firm to find out whether the competent authority's decision could be challenged.
Our attorney advised that the law provides for a procedure to challenge such a decision, both at the pre-trial stage and before the courts. The basis for the appeal is the fact that, under current case law, a descendant of a late resettler indeed must have permanently resided in the area of forced resettlement — but only from the point at which their relatives were issued the corresponding entry permit.
Accordingly, since Viktoria had already been permanently residing in Kazakhstan at the time our law firm submitted, on Heinrich's behalf, the application granting him late resettler status, she was entitled to be included in the corresponding entry permit.
Our client listened carefully to our attorney's explanation and readily instructed us to challenge the competent authority's decision.
In the appeal, our attorney explained the circumstances of the case, placing particular emphasis on the fact that Viktoria had indeed lived in Germany for nearly three years due to her marriage to a German citizen, but had returned to Kazakhstan more than two years earlier. At the time her parents received their entry permit, Viktoria had a permanent job in Kazakhstan, was registered at her place of residence there, was in a long-term relationship, and so on. These facts showed that our client permanently resided in Kazakhstan — that is, in the area of forced resettlement. All the prerequisites required by law were therefore met, meaning the decision of the Federal Office of Administration had to be overturned and Viktoria was entitled to be included in the entry permit her parents had obtained. As evidence, the attorney also submitted the necessary documents (Viktoria's employment record book, a certificate of registered residence in Kazakhstan, and others). The attorney also relied on the most current case law used in resolving such disputes.
The Federal Office of Administration, having carefully reviewed the appeal submitted by our attorney, agreed with the arguments presented and overturned its earlier decision, as a result of which Viktoria was successfully included in the entry permit to Germany and obtained status as a descendant of a late resettler.
Based on this story, you can see that only a qualified attorney with many years of varied experience resolving the issues that concern you can develop the correct strategy to achieve your goals.
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