How to obtain refugee status in Germany - procedure, conditions, tips

Who can get asylum in Germany

The admission of refugees and obtaining political asylum in Germany is regulated by a separate law. It defines the procedures for submitting documents, the structures and departments responsible for processing them, the processes for reviewing and making decisions on issuing status.

Formally, the circle of persons who can receive refugee status is determined by the above-mentioned law.

It contains the wording in the first paragraph of the third paragraph:

An alien is considered a refugee... if he is outside the borders of his country... due to a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership of a particular social group, unable or unwilling to obtain protection in his country receive due to persecution.

It all sounds as if almost every foreigner who comes here can obtain asylum in Germany. But practice shows that in reality everything is much more complicated. It’s enough to look at the statistics of the department for migration affairs (“I don’t give a deep link on purpose, because German departments tend to constantly move the pages of their websites almost once a month”) to make sure that out of about 70,000 requests for the first half of 2014, 33 % were refused, and 39.7% of cases were completed purely formally without even being considered. 18.7% received refugee status and another one and a half percent received political asylum. Well, another 7% did not receive any status, but were taken under various types of social protection and were not sent to their countries.

Conclusion: you can count on a positive decision in this matter in approximately one out of five cases.

For 2021, the situation has changed radically.

With the current wave of refugees, laws and procedures have been broken. In the video I analyze statistics from the Department for Migrant Affairs and draw a new conclusion.

Main problems due to refugees in Germany

The massive influx of refugees in 2021 has left Germany with a dire migration situation, with the country hosting more than half a million asylum seekers between 2021 and 2021. In 2019 alone, the German government spent 20 billion euros on their needs. This caused discontent among citizens, who opposed inappropriate spending and called for a tightening of the “open door” policy for foreigners.

In the same year, mass attacks on refugee camps were recorded, according to official data at least 15 times. The large number of refugees has led to a decrease in the level of comfort in social hostels and temporary accommodation camps. People live in containers, tents or barracks, where heating problems and unsanitary conditions arise.

Since the consideration of cases lasts for months, and there is no right to work, due to excess free time in the camps, conflicts and oppression on ethnic or religious grounds often arise, and drunkenness and drug addiction flourish.

The transformation of refugee camps into ghettos and the provocative behavior of migrants on German streets caused a wave of negativity towards visitors. Many residents of Germany experience class hatred towards them and consider them “second-class” people, which leads to conflicts.

How to submit a request

An application for refugee status can be accepted at any official body of the German government, even at a police station. There is no special form for initially expressing a desire to become a refugee. It’s enough just to communicate this somehow, be it in writing or orally. After the application, the authorities will refer the person further to the “Bundesamt für Migration und Flüchtlinge” ( BAMF ) - the agency for migrants and refugees.

Refugee camp

Initially, all those who apply for asylum are settled in a camp, of which there are about 20 in Germany. This is an area surrounded by a fence, in which there are all the minimum conditions for living: sleeping barracks, canteens, doctors, police, and so on. It is impossible to say in advance which camp someone will end up in; it depends on the availability of places. All BAMF applicants are required to live in the camp, whether they want to or not.

Request Processing Procedure

First, the information of the refugee status applicant is entered into the general database, including fingerprints. Next comes a check to see if the potential refugee has tried to obtain asylum in another EU country. If there was an attempt, he would be immediately deported. Application is possible only once within the entire European Union.

It is then checked whether Germany should process the request and grant refugee status. There are very strict rules here that the status applicant should not have been in other EU countries on the way to Germany. If it turns out that, for example, he was traveling by train through Poland, then his request will be sent to Poland along with him.

Germany processes requests received from status applicants within its borders. You can’t go to the border and ask for asylum—they’ll just send you back where you came from. In the same way, you cannot fly on a plane without a visa and ask for asylum when your documents are checked - they will not accept it. First you need to somehow cross the border.

While the refugee's request has not received a response from BAMF, the migrant is in Germany and receives minimal state assistance. The longer a refugee stays in the country, the more rights he receives. Children go to schools, adults attend German language courses - everything is paid for by taxpayers.

Asylum decision

The BAMF makes a decision on the asylum application based on a personal interview and a detailed examination of documents and evidence. The decision is justified in writing and, if necessary, sent to the person concerned, the applicant or legal representative, as well as the competent immigration authorities, with notice of the possibility of appeal and a translation of the operative part of the decision.

Possible solutions:

• granting refugee status in accordance with the Geneva Refugee Convention (Article 3(1) of the Asylum Law);
• recognition of the right to asylum (Article 16a, paragraph 1 of the Basic Law);
• provision of additional protection (subparagraph (1) of Article 4 of the Asylum Law);
• introduction of a ban on deportation (subparagraphs (5) or (7) of Article 60 of the Residence Law);
• rejection of an asylum application as unfounded;
• refusal on the basis of inadmissibility of the application for asylum (for example, if the applicant made the application in another EU country);
• termination of the asylum procedure as a result of withdrawal of the application (Article 32 of the Asylum Law) or refusal to carry out the asylum procedure (Article 33 of the Asylum Law).

The result of the final decision of the BAMF may be : obtaining refugee status, obtaining the right of residence, or an obligation to leave the country (deportation).

If refused, the migrant can appeal the BAMF's decision to an administrative court. If here, too, the foreigner failed to prove his right to receive asylum, he can file a claim with a higher court - the Supreme Administrative Court, then with the Federal Administrative Court (BVerwG), and so on until the European Court of Human Rights.

More information can be found here.

Hearing

If Germany still has to accept and process a request for refugee status, an interview will be scheduled after all documents have been verified.

At it (or better before it), you will need to set out in writing the reasons why you had to flee the country, in as much detail as possible. The interview will be conducted in the language of the requester's choosing, usually their native language.

The BAMF employee and the applicant, as well as an interpreter, must be present at the interview. The presence of other persons is allowed, for example, a lawyer, who must first inform the department about this.

The interview is conducted in a strictly official form, everything said is recorded and will be used against the potential refugee. You need to think about every word. BAMF employees are very experienced psychologists, so there is no point in lying or keeping silent.

The ultimate goal of a refugee interview is to make officials believe that granting refugee status is the only solution to escape danger in one's own country.

At the end of the interview, you will be asked to re-read the protocol and add something, then sign. This is a very important point. If you simply wave without reading and add nothing, this will most likely be regarded as evidence that the status applicant’s problems are not serious.

Making a decision

After the interview, all that remains is to wait for the BAMF structures to make a decision on the case. There may be several results.

• They can provide political asylum - Asyl or recognize a “ Flüchtling ” as a refugee. This gives the right to stay in Germany for a minimum of 3 years and social protection, that is, housing, money for food, clothing, and so on. There is a right to work, to study, and so on. This is the most favorable outcome.
• They can provide the status of “taken under protection” - subsidiär Schutzberechtigte . This is also not bad, in principle everything is the same, only the visa is given for a year.
• They may not give status, but allow them to stay in Germany due to the difficult situation in the country where the migrant is from. In this case, they also give a visa for a year and help socially, but a person with such a residence permit does not have any rights to work, study or further integration.
• Finally, they may refuse to grant any status at all. This decision can be appealed in court within two weeks. It is necessary to hire a lawyer, this costs a lot of money. If you have time to file a protest, they give you another 2 weeks to prepare your case.

German citizenship for refugees

Also among the pressing questions is whether refugees can obtain German citizenship? If a Russian has granted refugee status, he automatically receives a long-term German visa, with the right to extend. After he has lived in the country for seven years, he can apply for German citizenship.

At the same time, it is advisable for the refugee to have a place of work or another legal source of income by this time (entrepreneurial activity is allowed).

Convictions and reports to the police greatly reduce the chances of obtaining German citizenship, especially if they occurred in the last five years of residence in the territory of this European Union state.

Reasons for refusals

To find out exactly how the “wrong” refugees are eliminated, I had to scour a lot of German lawyer websites, forums and other sources that cannot be considered the ultimate truth. However, I tried to select general useful information from them, since the official websites of German departments cordially share theory, completely forgetting about practice.

• If a request for refugee status refers to persecution not of him specifically, but of some social group to which he belongs, then a refusal usually follows. It is necessary to have evidence of targeted persecution of the person who submits the request.
• The reason why the applicant is forced to seek asylum does not have to be in the distant past. There must be a clear connection in time between persecution and escape abroad. If, for example, yesterday someone was threatened with death for political reasons, and today he submits a request, then this is good from the point of view of obtaining refugee status. If they threatened a year ago, they will most likely refuse.
• The reason for obtaining refugee status must apply to the entire country. That is, if a person is in danger anywhere in the country, he will not be refused. Accordingly, for example, ordinary Ukrainians will be denied, because if they are persecuted as supporters of “separatism,” then they only need to go to Donbass for the persecution to stop. If they are persecuted as supporters of European integration, then they can go to Kyiv or Lvov, where they will be supported and understood.
• Fear of persecution is not a reason to obtain refugee status. Even if someone is being bombed, this does not mean that they are bombing him specifically; maybe this is how the government is exercising its right to violence. Therefore they may refuse. The logic here is extremely perverted; there are much more political aspects in it than a desire to help.
• If, upon the refugee's return to his or her country, it is clear that persecution will resume, then there should be no refusal. If this point is not completely clear, then they will most likely refuse.
• Finally, civil war on the territory of the country is not a sufficient reason for obtaining refugee status in Germany. Only if there is evidence of specific persecution of this person by one of the parties. For example, if Novorossiysk “separatists” go on an attack on Kyiv with a threat to deal specifically with Poroshenko and his family, then, of course, he will be accepted. But his henchmen will not be accepted unless the threats are clearly made against them. But at the same time, you can temporarily get a deferment in deportation until the situation in the country calms down.
• Fleeing a country to avoid participation in war is not a reason to obtain refugee status. That is, if a soldier of the Ukrainian army deserts and runs away to Germany, he will most likely be sent back. Only if he proves that he was forced to kill civilians or if he faces the death penalty if returned, can he be left.
• Hunger, epidemics, poverty and other humanitarian disasters are not reasons for obtaining refugee status. But, again, if it is clear that the person submitting the request will most likely die upon returning to their homeland, they may be left in Germany for a while without any status until the danger passes.
• If the person submitting a request for refugee status in his homeland has committed criminal offenses for which punishment is imposed for a term of at least 3 years, then the refusal will be absolutely certain. In general, Germany tries to refuse all refugees who are criminals or suspected of crimes under any pretext.

What to do after refusal

In 2021, half of the requests for asylum in Germany ended in refusal - 56%.

If you understand German laws, it turns out that refusal is not a reason to leave. The migrant’s next step is to appeal the BAMF’s response in a German court.

Courts in Germany, traditionally slow, are now overwhelmed with refugee cases. Hundreds of thousands of complaints about the refusal led to a situation where BAMF had to establish a direct line with judicial departments to speed up the processing of cases. And again, while the court is considering the protest, the migrant continues to live in Germany, receive government assistance, learn the language and look for other opportunities to stay in the country.

In 2021, German courts considered 150,000 appeals against refusals - less than half of those filed. In 22% of cases the BAMF verdict was overturned. In fact, every fifth refusal appealed in court is overturned. Two years ago, the quota for overturning the decision of the Office for Migrants and Refugees was 4.2%.

The question arises, what led to the fivefold increase in the cancellation rate? It turns out that every fifth negative decision on granting asylum in Germany was issued illegally. A situation is created where it is easier for an official to issue a status than to risk refusing, since the decision will be appealed in court and in 22% of cases will be overturned.

But confirmation of the refusal by a German court does not mean that the applicant for asylum will be immediately deported. A difficult life situation, having a family living in Germany, military operations in the migrant’s homeland, studying in Germany - there are still plenty of opportunities to stay.

Refusal

Unfortunately, 2021 has become critical in terms of granting asylum in Germany. A huge number of applicants for refugee status were categorically refused.

Such tough measures were taken as a result of lengthy discussions among German politicians, who were seriously alarmed by the influx of refugees from disadvantaged countries. In many ways, their fears are not groundless, because under the guise of people desperately in need of help, members of extremist groups, including the Islamic State, are infiltrating German territory.

Temporary accommodation of refugees in Germany

Often, not only people from the Middle East or Africa are denied, but also from Ukraine. This is explained by the fact that many Ukrainians provide incorrect data or false documents.

Duldung

Another opportunity to stay in Germany without receiving refugee status is called Duldung . Literally translated, this means something like “tolerance” or “tolerance.” This form of residence permit in Germany is used when there is no reason for the foreigner to be here, but there is no humane option for his deportation or it is not clear where he should be deported.

This happens under the following circumstances:

• In the absence of citizenship or evidence of its existence. Simply put, a person does not have documents, “has turned on a fool” and “does not know” what kind of citizenship he had.
• If a person is seriously ill. We have friends who are “tolerated” in Germany because their daughter has a very severe disability. They came from Georgia, throwing away their passports and not using their real names, in the early 2000s. I don’t know what prompted them to do this, but one way or another, the Germans decided to leave them in view of the fact that the child could die upon returning to their homeland.
• If for some reason it is not possible to get to the migrant’s country normally. For example, there is a war going on there, planes don’t fly there, trains don’t go there, ships don’t sail.
• If the foreigner's country refuses to accept him.

There is also the concept of “ Ermessensduldung ” - I don’t even dare to translate it. The point is that sometimes the person applying for refugee status has already taken root in Germany in some way: he started studying, met a loved one, or became seriously ill and is undergoing treatment. In this case, the authorities can (but should not!) enter into the situation of the foreigner and let him finish what he started.

For example, if a person is scheduled for surgery, and it is not performed in his homeland, then he will most likely be abandoned. They can also leave if a wedding date has been set with someone who has a residence permit in Germany or is a German citizen. The child may be allowed to finish the school year, of course, leaving his parents behind. But this all depends on the official’s personal sympathies, on how much he understands the migrant’s problems and on the occupancy of the refugee camp, of course.

Duldung allows you to live in Germany legally and receive the bare minimum necessary assistance from the state: shelter, clothing, food. In general, this is a status that does not imply integration and should logically result in departure from the country when the reasons for which it was issued are overcome in one way or another.

Providing up-to-date status

Today, refugee status is regulated by a specific act, on the basis of which the Federal Office makes appropriate decisions. In addition, the act eliminates the possibility of deporting people who have asked for asylum. There are also pitfalls: department employees often act at their own discretion and often exactly the same cases are resolved differently.

A foreigner who is in conditions that meet the basic requirements of the current Law can obtain refugee status.

To obtain refugee status, foreigners submit an application form to the federal office for migration issues. After submitting the application, the foreigner will have to undergo an interview with the German migration authorities. The refugee must explain what reasons he has for seeking asylum and why he cannot live in his country. For those persons who do not speak German, an interpreter is assigned. Service workers decide if refugee status is approved and what measures should be taken to integrate the foreigner into the German environment, for example, national language lessons or advanced training courses.

This is what a document looks like allowing refugees to move around Germany

Statement

A foreigner arriving in Germany to request asylum can submit an application at the German border if he arrived by plane. Upon crossing a land border, a refugee may be sent back to the European Union country of origin. That is, if a person plans to arrive in Germany by train, he does not have the opportunity to claim asylum when crossing the border.

The German embassy staff cannot provide assistance in obtaining the required status, and you should not apply to the diplomatic institution.

Map of Germany showing cities and border states

It is noteworthy that there is no need to know German to submit a written application. After a foreign person applies to one of the above organizations, he is provided with an interpreter. However, if a person who wishes to receive assistance from the German authorities goes to a police station, he may be referred to the Federal Office. There he will have to register himself according to the established form.

It is extremely important not to delay the application, because permission to stay on German soil is valid only for a two-week period.

Sometimes a person is not able to provide employees of the Department with a document proving his identity. In this case, the German authorities show surprising tolerance and accept the application of a hypothetical refugee.

But a foreign person applying for refugee status does not have the right to choose which department to apply to and where exactly to live.

After completing the application, the person receives special status. Now he has the right to ask the German authorities to give him shelter. He is also granted a residence permit in Germany. The next stage is the procedure for considering the application of a hypothetical refugee.

Interview

The most important stage of the procedure for granting current status to a foreign person is interviewing the applicant. The initial interview takes place at the department's office.

Example of an ID card in Germany

Often, the applicant’s lawyer is present and, if the hypothetical refugee does not speak German, a translator is present.

During the interview, the foreign person undertakes to provide the interviewer with all written and notarized evidence that he is afraid for his life in his homeland. The given reasons can be completely different: military actions, persecution, threats, accusations of uncommitted crimes. The refugee must convince the service worker and provide only reliable information.

All important aspects of the interview, including detailed information about the person being interviewed and evidence of the need for his flight from his native state, must be carefully recorded.

The interview questions concern not only the circumstances that led to the need to seek political asylum abroad.

This is what a new German passport looks like

The Agency employee questions the applicant in detail about his family, education and place of previous employment. He decides which courses a person should attend: German language and/or advanced training and which school he can enroll the child in.

It is important to provide the most detailed and correct data possible, since after the protocol is closed, the applicant will no longer have the opportunity to correct the testimony or even reformulate this or that phrase.

A signature is placed only when the protocol is translated verbatim to the interviewee. There is also a considerable risk of being not only deported, but also arrested. This may happen if the applicant is found to have documents indicating that he has been in Germany longer than he testifies to at the interview or if the reasons for applying for asylum are not valid. Measures have also been taken against those who hid their personal information or came to Germany using false documents.

Advantages

According to existing legislation, a person who has asked the German authorities for asylum has the right to legally reside, study and work. Also, a hypothetical refugee has the right to assistance from the state in obtaining free housing. Depending on the number of people applying for housing, this can be either an apartment or a room. Temporary housing is provided while the application is being considered.

Another plus is the possibility of applying for German citizenship. This can happen after 8 years of residence in Germany.

Employment and financial assistance

Once the appropriate documents have been submitted, a person wishing to obtain refugee status is entitled to financial assistance from the state. The German authorities will pay benefits until the refugee finds a permanent job.

Queue at the refugee employment exchange

If the refugee cannot find a suitable job in Germany, the state will continue to pay monthly unemployment benefits, which in Germany amount to 385 euros per person.

Support for the voluntary return of refugees

In 2021, 29,000 refugees in Germany wrote a statement of intent to voluntarily return back to their country. Counseling centers help with decision-making, and various organizations provide support during departure and subsequent reintegration.

There are many reasons why migrants want to return to their country of origin. The asylum procedure did not live up to expectations, the situation in the homeland had changed, or homesickness simply arose. The German government has established counseling centers. Refugees are given the opportunity to evaluate the prospects of returning home and are offered participation in various migrant support programs.

The website www.returningfromgermany.de helps you find similar centers. Government officials usually advise in foreign affairs departments, while independent consultants are located, for example, at religious organizations.

Germany provides assistance to refugees who have expressed a desire to return home.

The consultations do not have any impact on the asylum procedure and do not oblige anyone to leave. The applicant receives important information and independently considers whether voluntary departure makes sense. Also on the website of the International Organization for Migration (Internationale Organization für Migration), individual questions about the situation in the migrant’s homeland are answered.

Amounts of financial assistance

Eligibility for rebate programs depends on various factors, such as nationality or citizenship. "REAG / GARP" is the most popular of these programs. In addition to financial support before departure, the applicant, under certain conditions, is provided with initial financial assistance in his homeland. "StarthilfePlus" complements "REAG/GARP" and provides the opportunity to apply for additional assistance.

For example, a refugee who agrees to leave Germany for home before the start of the asylum application process will receive €1,200. If the consideration of the case is completed, then regardless of refusal or receipt of status, the state will pay 800 € for voluntary departure. After arriving in the country, a former migrant can receive further support - 3,000 € per family or 1,000 € per person for arranging their home, buying furniture, kitchen, clothes.

Depending on where people are returning, there are highly targeted reintegration programs. Perspektive Heimat offers advice on employment in the Balkans and Africa, Afghanistan and Iraq. ERIN provides social and psychological support and helps to start a business. IPSO supports people in Afghanistan, URA supports those returning to Kosovo. The Somali Reintegration Program supports start-ups and training.

08/21/2018, Stepan Babkin

Who can apply for refugee status in Germany

According to current legislation, you can obtain refugee status in Germany if in your homeland:

• your rights under the Declaration of Human Rights are being violated;
• there is discrimination based on gender, religion, race or other grounds;
• there is a real threat to life and health;
• you are being persecuted because of your political views;
• By doing business, you are subject to persecution by organized crime or official authorities.

Since the beginning of the 2000s, the number of Chechen and Syrian refugees in Germany has increased significantly. This is directly related to the active hostilities that took place in these territories. Moreover, the flow of Syrian citizens seeking asylum in Europe has not yet dried up.

However, it has become much more difficult to obtain it in Germany in the last few years: it is necessary to provide compelling evidence that there is a real danger to life and health in the homeland. Citizens of countries where active hostilities are taking place have priority when considering applications.

Life of pensioners in Germany: statistics and practice

Pension policy in Germany has been famous for its effectiveness for several decades. The format of mandatory contributions from wages, the high retirement qualification allows you to set a minimum payment of 1000 euros.

Retirement age in 2021:

• men retire at 65;
• women - at 60.

Absolutely all German citizens have the right to receive an old-age pension. In addition, you are allowed to use various programs, state and municipal benefits. .

The average pension reaches 4,000 euros. Thus, the standard of living of the social group is extremely high.

Useful tips

• The easiest way to get to Germany is to get a visa to Poland or Romania, and then get to the country
• The presence or absence of a visa does not matter when obtaining political asylum
• If you are a resident of Ukraine, you have a “privileged” status, since you yourself understand what the situation in Ukraine is like
• If you are a resident of Russia, the main motive for your escape from the country may be the arbitrariness of the authorities and security forces

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