"We all learned a little
of something, somehow"
Conditions for Obtaining a Settlement Permit
To obtain a permanent settlement permit (Niederlassungserlaubnis) in Germany, applicants generally need at least 5 years of lawful residence, knowledge of German, and a stable income (§ 9 AufenthG).
Alexander Pushkin
Many of our readers will likely remember the story of two young women in love — Larisa, a Russian, and Katharina, a German (names changed) — who met in Germany and registered a civil partnership in Denmark. Since the two women wanted to live together permanently in Germany, Larisa was required, under the established procedure, to temporarily return home to obtain a national visa for family reunification. She was afraid to go back to Russia and apply for the visa in Moscow. Aware of the "harsh realities of Russian life," she feared prejudice and unfair treatment from the German embassy's staff in Russia given her rather unconventional situation. When Larisa's period of lawful stay in Germany expired and the deadline could no longer be avoided, the couple turned to our law firm for help. Our firm's lawyer, who specializes in immigration matters, provided professional legal support, accompanying Larisa through every stage of arranging the paperwork to move to Germany — from the initial consultation at the immigration authority (Ausländerbehörde), through preparing the set of documents needed to obtain the national visa in Moscow, to finally obtaining a residence permit under § 28 of the Aufenthaltsgesetz, which governs the basic requirements for the stay, employment, and integration of foreign nationals in Germany. Although, in order to comply with the law, Larisa did have to travel to Moscow for a month to obtain the national visa, the story had a happy ending for the "newlyweds" — Larisa received a residence permit to reunite with her civil partner and, as is customary in such cases, a referral to an integration course (Integrationskurs).
A place on an integration course is only available to persons holding a residence permit (Aufenthaltserlaubnis). In addition, a referral for such training is usually based on the immigrant's employment, or on their being in the country for family reunification or on humanitarian grounds. People covered by § 38a of the Aufenthaltsgesetz can also attend — that is, foreign nationals with permanent-resident status in another EU country who obtained a residence permit because they wish to spend more than three months in Germany. Since it is fairly difficult to live a full life in Germany without knowing German, foreign nationals who have come to stay for the long term make use of the opportunity to learn the language and the basics of Germany's political system. Knowing German is necessary to find decent work in Germany, fill out forms at government offices, help one's children with school, and understand the fairly frequent official correspondence that arrives in the mail. In addition, it is useful for any cultured, educated person to know certain important things about their new country of residence — its history, culture, and legal system. Integration courses are designed to help foreign nationals with exactly that. The course usually lasts around six months, four hours a day, either in the morning or the afternoon. At the end of the language course, the foreign national must pass an exam covering spoken and written German, as well as reading comprehension. The "Life in Germany" exam takes place at the very end of the orientation course (Orientierungskurs), which is taught after the German-language training is complete and the corresponding language exam has been passed. The "Life in Germany" exam covers questions about the political system, German history, cultural values, and religion. Once obtained, the certificate confirming successful completion of the integration course must be submitted to the Jobcenter and other authorities, and shown to prospective employers when applying for jobs. Overall, this course is simply essential for every immigrant's life, since it is the integration course that provides the basic knowledge of the German language, the political system, and residents' rights that allows one to feel reasonably comfortable in the new environment and quickly become part of German society.
It's important to understand that, in most cases, attending an integration course is not a right but an obligation. An immigration authority official may decide that a course is required when issuing a residence permit. Also, if an immigrant receives unemployment benefits, the social welfare agency may require them to attend classes to improve their employment prospects. This was exactly the situation our client Larisa found herself in — she was required to regularly attend an intensive six-month integration course under a referral issued by the Ausländerbehörde. But such studies clearly had no place in her plans.
First, Larisa had always been someone with a "free profession." Having discovered an exceptional talent for drawing back in childhood, she enrolled after finishing school at the Faculty of Folk Art at the Moscow State Institute of Culture.
During her studies and afterward, she earned money selling soft decorative toys that she designed and made by hand herself. Given the nature of her work, Larisa had no plans to look for a permanent job in Germany. She earned a good income selling her own creations, which sold quickly both in Germany and abroad. As a result, German-language skills and knowledge of Germany's political and governmental system weren't something she urgently needed for successful integration and self-realization in the country.
Second, Larisa spoke excellent English, traveled around Europe often and extensively, and had no trouble making new acquaintances. As a result, after just six months in Germany, she had already built up a fairly wide circle of friends. Our client, who had already taken a beginner German course back in Moscow, felt comfortable in the company of German-speaking young people. Whenever communication became difficult, she could always switch to English or ask her German partner for help.
Knowing that attending integration-course classes was a mandatory precondition for being admitted to the exam, Larisa realized she would hardly be able to handle such a workload — especially since, at the time, she had a lot of toy orders with tight deadlines, along with plenty of travel plans with her beloved wife. The young woman came to us again, this time asking for help getting out of this obligation. Our firm's lawyer, having heard the client's reasoning, assured her that he would do everything possible to resolve the matter successfully. At the same time, he explained that the final decision in this case rested with the official at the immigration authority handling Larisa's file, since German law does not provide an exhaustive list of grounds for exemption from the integration course. So, in defending our client's interests, the lawyer prepared a detailed petition to the Ausländerbehörde official, running through, as its central thread, the fact that the young woman's age, education, profession, and occupation, together with her excellent command of English, demonstrated a reduced need for integration (geringe Integrationsbedarf). Under § 44 of the Aufenthaltsgesetz, this is one of the grounds for exemption from the integration course. In this case, such a decision was likely to be more the exception than the rule. The outcome of the case depended on the lawyer's ability to justify an exemption in Larisa's particular situation, and on the official's own discretionary judgment. As in other similar cases, we did not promise the client a 100% guarantee of a favorable outcome in advance. To everyone's delight, we ultimately received a positive response from the Ausländerbehörde. Taking into account all the circumstances of the young woman's life and her professional activity, the official decided it was possible to exempt her from the obligation to attend an integration course for the time being.
In closing this story, we would like to quote the well-known words of Germany's national anthem: "Unity and justice and freedom for the German fatherland — let us all strive for this together, brothers, with heart and hand!" We wholeheartedly wish Larisa continued creative success, and above all, happiness in her personal life in the free, democratic country of Germany.
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