Including a late resettler's descendant in their admission decision (Aufnahmebescheid)
New BVFG Amendments of 13 June 2013
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.
— auf Deutsch
Guidance note.
Additional inclusion of a person in the decision admitting them as a late resettler (hereinafter "the decision").
Who is entitled to file an application?
A late resettler residing in Germany is entitled to request the additional inclusion, in their admission decision, of:
• their spouse or their descendants (children, grandchildren and great-grandchildren), provided that
• the late resettler or the person applying for inclusion faces a hardship case ("Härte") in their family relationships requiring the relative of the late resettler to relocate (hereinafter "the hardship case"), and
• the spouse or descendants have basic knowledge of German (basic German proficiency may be confirmed by the Goethe-Institut's "Start Deutsch 1" certificate, or, if preferred, by taking a language assessment test (Sprachstandtest) at one of Germany's foreign missions).
What should be noted when filing the application?
• Please read the guidance note carefully before completing the application.
• Enter all information legibly in block letters, using German transliteration.
• Granting a power of attorney is possible but not mandatory.
• Send the fully completed application to: Bundesverwaltungsamt, Heimkehrerstrasse 16, 37133, Friedland.
Which documents must be attached to the application?
The Federal Office of Administration (Bundesverwaltungsamt) takes your admission decision and any earlier inclusion applications into account when processing the application. Documents already submitted in this process do not need to be attached again.
Processing the application generally requires the following documents:
• the fully completed application,
• a supplementary sheet (Ergänzungsblatt) completed for each person who is to leave their country of residence,
• a detailed explanation of the "hardship case" necessitating the person's inclusion, signed by the late resettler,
• birth certificates and marriage certificates (where applicable) for every person who is to join the late resettler,
• copies of every person's internal passport (notarization not required),
• copies of the employment record books of every person who has reached the age of majority (notarization not required).
In what form must the documents be attached?
As a general rule:
• Copies of originals must be notarized. Copies must be complete, meaning the first and last pages of the document must also be included. Copies without notarization cannot be used as evidence.
• The notarial endorsement must be in its original form and must confirm that the copy's content fully matches the original. A copy of the notarial endorsement, or a notarial endorsement certifying only the translator's signature, is not sufficient.
• Every document drawn up in a foreign language must be accompanied by a translation prepared by a sworn translator.
There is an additional requirement for birth certificates and marriage certificates submitted for the first time: these documents must bear an apostille ("Haager Apostille") (not required for documents issued in European Union member states). If apostillization is not possible, or if you have questions about it, please contact the Federal Office of Administration or the relevant German mission.
Federal Office of Administration
Additional inclusion under Section 27(3) of the Act on Expellees (Bundesvertriebenengesetz)
On 9 December 2011, the Ninth Amendment Act to the Act on Expellees (hereinafter "BVFG") entered into force.
For the first time, late resettlers already living in Germany have the opportunity to additionally include, in their admission decision (Aufnahmebescheid — hereinafter "the decision"), spouses and descendants who remained in the country of origin.
The procedure for inclusion in the decision under Section 27(3) of the Act on Expellees is based on filing an application for additional inclusion in the late resettler's admission decision, which can only take place after the late resettler has completed every procedure for their own admission as a late resettler.
The BVFG addresses situations involving a "hardship case" (hereinafter "the hardship case") arising from a prolonged separation between family members.
Spouses and descendants of late resettlers who remained in the country of origin can now move to join their relative — a late resettler holding status under Section 4 BVFG — living in Germany.
The procedure takes place in 3 stages.
After the technical collection of data, the personal prerequisites for additional inclusion in the decision will be reviewed. The applicant (the late resettler) must hold an admission decision as a late resettler. To verify a person's status as a late resettler, documents held by lower-level authorities and by the Federal Office of Administration will be used. Only the late resettler is entitled to file the application.
It will then be examined whether refusing additional inclusion in the decision would give rise to a hardship case requiring the relocation of the late resettler's relative ("Härte"). This hardship case may be based only on circumstances that, following the late resettler's resettlement, have a negative impact on the family or personal situation. The legislature does not regard the mere fact of separation resulting from the late resettler's move as giving rise to a hardship case in itself.
It will then be examined whether the person applying for inclusion has basic knowledge of German. The basic German proficiency required for inclusion in the decision corresponds to level A1 of the Council of Europe's "Common European Framework of Reference for Languages" (Kompetenzstufe A1 des „Gemeinsamen europäischen Referenzrahmens für Sprachen: Lernen, lehren und beurteilen" des Europarates).
An additional inclusion decision issued on the basis of a hardship case remains valid for 18 months. It then becomes void, but a new application can be filed without bureaucratic delay if the hardship case still exists.
Important: the applicant (the late resettler) must complete one inclusion application, and must also complete a supplementary form (Ergänzungsblatt) as an attachment for each person concerned.
Application for additional inclusion under Section 27(3) of the Act on Expellees
General guidance on the procedure.
The Act on Expellees (Bundesvertriebenengesetz) was amended with regard to the rules for taking into account a hardship case requiring the relocation of a late resettler's relative ("Härte"), allowing a late resettler already living in Germany to include that relative in their admission decision (hereinafter "the decision").
The procedure takes place in three stages:
I. Entitlement.
First, the personal prerequisites for including the person in the decision are reviewed. The applicant must hold an admission decision (Aufnahmebescheid) as a late resettler, and the persons arriving must be their spouse or descendants. To this end, the Bramsche branch office (Außenstelle Bramsche) gathers every available document from internal government bodies and from the Federal Office of Administration (Bundesverwaltungsamt) and reviews the legal position on the basis of the documents submitted.
II. A hardship case requiring the relocation of the late resettler's relative ("Härte"), hereinafter "the hardship case"
Additional inclusion in the decision requires a hardship case to exist.
This is the case if refusing the person's additional inclusion in the decision would give rise to a hardship case for the late resettler, their spouse, or their descendants. This hardship case must, following the late resettler's resettlement, have a negative impact on their personal or family situation. Explanations regarding the hardship case are reviewed by the competent authorities, who may request further evidence if necessary.
III. Basic German proficiency.
Once the preceding conditions have been met, German proficiency will be assessed at the Friedland branch office (Außenstelle in Friedland).
As a rule, inclusion in the decision is possible once German proficiency has been demonstrated. Command of German must exist in both spoken and written form, meaning the person can understand and use everyday expressions and simple sentences to meet specific needs. The person applying for inclusion must also be able to introduce themselves and others, ask other people questions about their identity — for example, where they live, who they know, what belongings they have — and answer such questions themselves. The person must be able to hold a conversation when the other party speaks slowly, clearly and is willing to help. The person must be able to receive and briefly convey everyday information (for example, in forms, short personal letters, or simple notes). The basic German proficiency required for inclusion in the decision corresponds to level A1 of the Council of Europe's "Common European Framework of Reference for Languages" (Kompetenzstufe A1 des „Gemeinsamen europäischen Referenzrahmens für Sprachen: Lernen, lehren und beurteilen" des Europarates).
Basic German proficiency may be confirmed by the "Start Deutsch 1" certificate. More detailed information about the "Start Deutsch 1" exam is available from the Goethe-Institut in Germany or abroad, or at www.goethe.de, where information about exam locations and fees can also be found.
If preferred, the person applying for inclusion may instead take a language assessment test (Sprachstandtest) as part of an interview at one of Germany's foreign missions to confirm their German proficiency. This exam is free of charge. Travel and accommodation costs are not reimbursed.
For spouses who have reached the age of 60, scoring 52 points on the "Start Deutsch 1" exam is sufficient for inclusion in the decision, whereas the general passing score is 60 points. In special cases, 52 points is likewise sufficient for minors under the age of 16. Minors under 16, and spouses over 60, who did not pass the "Start Deutsch 1" exam but scored at least 52 points must submit a certificate of participation (Teilnahmebestätigung) stating the number of points achieved.
The Federal Office of Administration (Bundesverwaltungsamt) will then examine whether inclusion in the decision is nevertheless possible despite the lower level of language proficiency. Inclusion of a minor despite a lower level of proficiency will become void if their resettlement does not take place before they turn 17.
As a general rule, children under 14 may be included without any language assessment, provided there is no reason to doubt that significant integration difficulties will arise. This presupposes that the child will generally be able to take part in school lessons or German-language courses in the settlement area on the same basis as other children. For children under 14, documents must be submitted showing that no integration difficulties are expected (for example, any evidence of learning German at school or attending language courses).
Nevertheless, inclusion in the decision without a language assessment test (Sprachstandtest) becomes void if the family does not move before the child turns 15.
Persons in respect of whom the application is filed may themselves decide whether to prove their German proficiency by means of the "Start Deutsch 1" certificate or by taking a language assessment test (Sprachstandtest) as part of an interview at one of Germany's foreign missions.
If the person applying for inclusion decides to take the exam as part of an interview, their relative — the late resettler — must notify the Federal Office of Administration accordingly. An interview date will then be scheduled.
The German language test may be retaken. This also applies to the test at the Goethe-Institut and the test at the foreign missions.
Information about opportunities to learn German in the country of origin is available from the relevant foreign missions, local Goethe-Instituts, or offices of the "Society for Technical Cooperation" (Gesellschaft für Technische Zusammenarbeit). In addition, "Deutsche Welle" offers free online courses at www.dw-world.de/russian.
Spouses and descendants can only be entered into the admission decision as late resettlers once the required language assessment test (Sprachstandtest) has been passed or the "Start Deutsch 1" certificate has been presented.
IV. The decision.
An additional inclusion decision issued on the basis of a hardship in family relationships requiring the relocation of the late resettler's relative (hereinafter "the inclusion decision") may only be used for entry within 18 months of its issuance.
After that, the inclusion decision issued becomes void. Entry on the basis of a void inclusion decision is no longer possible. If the hardship case continues to exist, or a new hardship case arises, a request may be filed for a further inclusion decision to be issued.
Federal Office of Administration
Power of Attorney
Important Notes
Please read the following text carefully and confirm, by your signature on the previous page, that you have read and taken note of these instructions.
• Under Article 98 of the Act on Expellees, anyone who provides or uses incorrect or incomplete information in order to obtain, for themselves or others, rights or benefits reserved for late resettlers is liable to imprisonment of up to 5 years or a fine.
• The validity of a decision including a person in the admission decision as a late resettler (hereinafter "the decision") is time-limited. This inclusion decision becomes void if resettlement does not take place within the period specified in the inclusion decision. After this period expires, entering the country on the basis of a void inclusion decision is no longer possible. If the hardship case requiring the relocation of the late resettler's relative ("Härte") (hereinafter "the hardship case") continues to exist, or another hardship case has arisen, the Federal Office of Administration (Bundesverwaltungsamt) should be notified in free form. The Federal Office of Administration will consider whether a request for a further inclusion decision may still be filed despite the missed deadline.
• The person applying for inclusion in the decision must retain their place of residence in the country of origin until the procedures for issuing the inclusion decision are complete. This also applies if the spouse and/or descendants intend to learn German and take the language test, or submit the "Start Deutsch 1" certificate, at a later date. Once they have left the country, these proofs of basic language proficiency will no longer be recognized.
• If children under 14 who have not demonstrated German proficiency are included in the inclusion decision, that inclusion becomes void if resettlement does not take place before the child turns 15. Inclusion of children under 16 who, before the inclusion decision was issued, did not achieve the score required for an A1 language certificate under the Council of Europe's "Common European Framework of Reference for Languages" (Kompetenzstufe A1 des „Gemeinsamen europäischen Referenzrahmens für Sprachen") in the "Start Deutsch 1" exam becomes void if resettlement does not take place before the child turns 17.
• Inclusion becomes void if the marriage was dissolved before the departing spouse left the country of origin, or if the relative (the late resettler) dies before the included person is admitted to Germany. Entry into the country by the included person on the basis of the inclusion decision is then no longer possible.
• The inclusion decision may be revoked even after entry into the country, under Section 48 of the Administrative Procedure Code, if it was obtained on the basis of materially incorrect or incomplete information.
• Persons whose inclusion decision has become void due to incorrect or incomplete information have no claim to the benefits provided under the Act on Expellees and must leave Germany. Such persons must bear the resulting costs themselves (for example, accommodation, care or medical treatment, and return to their country of origin) or rely on assistance from relatives or acquaintances.
• A person acting under a power of attorney must compensate the late resettler for any financial loss if the inclusion decision was obtained by that person providing information that was materially incorrect or incomplete.
• A person who has received an inclusion decision and decides to resettle is assigned to the federal state where the late resettler lives.
• The mandatory establishment of status under Article 116(1) of Germany's Basic Law, as well as the right to professional, cultural and social life in Germany under Section 7(2), first sentence, of the Act on Expellees, takes place after entry into Germany through the issuance of a certificate under Section 15 of the Act on Expellees. The validity of a person's inclusion as a spouse or descendant will be reviewed as part of the procedures provided for under Section 15 of the Act on Expellees. In carrying out these procedures, the Federal Office of Administration is not bound by the findings contained in the inclusion decision.
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