The rules for admitting Jewish immigrants from the former USSR had long been on the agenda of Germany's Federal Ministry of the Interior (Bundesministerium des Innern), which led to substantial reforms of the corresponding legislation in 2015. In particular, a new version of the Federal Ministry of the Interior's directive on the application of § 23(2) of the Residence Act to the admission of Jewish immigrants from the former Soviet Union (excluding the Baltic states), dated May 24, 2007, most recently amended on 13.01.2015 and re-issued in the version of May 21, 2015 (Anordnung des Bundesministeriums des Innern gemäß § 23 Abs. 2 des Aufenthaltsgesetzes über die Aufnahme jüdischer Zuwanderer aus der ehemaligen Sowjetunion mit Ausnahme der Baltischen Staaten vom 24. Mai 2007, zuletzt geändert am 13.01.2015 in der Fassung vom 21. Mai 2015), came into force in June 2015.
This version of the directive significantly expanded the opportunities for migrating to Germany under Jewish-resettler status and simplified the requirements for certain categories of applicants.
Changes to the Admission Rules
The rules for admitting Jewish emigrants to Germany have changed several times — it's important to consider the version of the law in force at the time the application was submitted.
First and foremost, the changes affected the requirements regarding the Jewish immigrant's ancestry. Whereas previously only people descended from at least one Jewish parent could apply, and only applicants born after 01.01.1990 could rely on Jewish ancestry through a grandparent, today the right to resettle extends to all second-generation descendants of Jews.
Moreover, individuals who were refused because they could not prove Jewish ancestry through at least one Jewish parent may now reapply if they can confirm descent from a Jewish grandparent, based on civil status registration certificates issued before 1990.
In addition, under the amended admission rules for Jewish immigrants, a second chance to resettle is also given to people who had previously received permission to enter Germany but did not make use of it. Under the general requirements, a permit for permanent-residence entry is valid for 1 year from the date it is delivered to the applicant. If the resettlement permit was not exercised within that period, reapplication used to be impossible. Now, however, people whose admission permits lapsed before 31.12.2008 are entitled to reapply. Applicants whose admission permits expired between 01.01.2009 and 31.12.2015 must, when reapplying, provide a written justification for why the permit was not used. Acceptable justifications for a failure to resettle in time may include, for example, a prolonged illness of the applicant or a close relative, studies, military service, unusual difficulties with the local authorities in issuing a passport, and other personal reasons.
Another significant change was the option to take the A1-level German language exam (under the Common European Framework of Reference for Languages) within one year after resettling in Germany. However, this option is available only in exceptional cases where obtaining the corresponding certificate is impossible due to regional circumstances confirmed by the Foreign Ministry. In particular, this provision applies to residents of regions of Ukraine experiencing armed conflict.
We would also remind readers that, since 10.02.2015, residents of Ukraine may submit documents for a visa under the Jewish immigration program without the migration service stamp "Departure for permanent residence in Germany" in their international passport, which allows applicants to keep their Ukrainian passport and corresponding registration in Ukraine.
Thus, thanks to the amended admission rules for Jewish immigrants, the opportunity to resettle in Germany has become available to a fairly broad range of people, and since no specific statutory deadline exists for submitting applications, we recommend that all interested parties prepare the necessary documents within the coming months.
The above information is of a general nature. Each individual case is reviewed by an official of the authority (BAMF) on a strictly case-by-case basis. We recommend seeking legal support from lawyers in Germany specializing in German immigration law, in particular in cases involving Jewish immigrants.
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