Immigration
ECJ rules on the recourse to the social assistance system and the right to family reunification (Chakroun)
In a case concerning the recourse to the social assistance system and how it might affect the right to family reunification, the Court has ruled :
1. The phrase ‘recourse to the social assistance system’ in Article 7(1)(c) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification must be interpreted as precluding a Member State from adopting rules in respect...
Ruling on the Applicable Date for a Judgement on the Retraction of a Residence Permit
The Federal Administrative Court (Bundesverwaltungsgericht, BVerwG) in Leipzig has ruled that the applicable date for a judgement on the retraction of a residence permit (both temporary and permanent) by a court is not the time of the last decision by the administration, but instead the date of the last hearing at the court or the date of its decision .
With this important ruling the Federal Court...
German Government takes back the Caveat against the UN Convention on the Rights of the Child, CRC
The German Government decided to revoke the caveat against the UN Convention on the Rights of the Child (CRC). The Cabinet voted on the 3rd of May 2010 to finally ratify the CRC without the reservations concerning the procedural rights of minors, ending 18 years of discrimination against non-German youth. Germany was unique in treating minors of 16 and older the same as adults when it came to the application...
EuGH zum Ausschluss von EU-Bürgern von Sozialleistungen
The European Court of Justice (ECJ) has ruled on the 4th of June 2009 on the matter of the exclusion of EU-Citizens who are seeking a job in another member-state from welfare in that state.
The case – C-22/08 and C-23/08 (Vatsouras/Koupatantze v. ARGE Nürnberg) – was based on claims by Greek workers who had applied for Hartz IV – benefits (SGB II). The ARGE/Jobcenter had denied the...
Emergency-Patients without Papers must not be reported
According to the new Directive on the execution of the Aufenthaltsgesetz (AufenthG), the German Immigration Law, emergency patients in hospitals who are foreign nationals without papers must not be reported to the Immigration authorities (Auländerbehörde) by hospital staff or the social welfare office (Sozialämter).
The new Directive by the Federal Ministry of the Interior came into effect as...
Handbook for Asylum Seekers and Refugees
As a foreign national living in Gemany who wants to work, start a business or a vocational training, you generally need to have a special work permit or a residence permit that includes a work permit. As a foreign national living abroad who wants to work, start a business or study in Germany, you have to apply for a visa for entering Germany and for a residence permit for your stay. As a company...
Work Permit / Business and Immigration
EU Citizens
Questions regarding the freedom of movement of persons, services and goods within the European Union, especially after the inclusion of many new member states during recent years as well as the growing importance and the unifying force of European legislation increasingly demand knowledge of and competence in European law.
I will advise and assist you with applications and procedures...
Asylum and Refugee Law
Granting asylum to political refugees and protecting refugees according to the Geneva Convention is and remains an obligation and the responsibility of the state written into the German constitution and demanded by international law applicable in Germany. However, due to very restrictive reforms of law and procedure it is in fact very difficult to be granted asylum and refugee status in Germany. Furthermore,...
law of residence
Residence Permit
As a citizen from a foreign country you will encounter a complex body of laws and regulations when traveling to and living in Germany. Immigration law as been changed profoundly and modernized to a certain degree by the Zuwanderungsgesetz enacted in 2005 and the subsequent modifications. However, one general rule is still valid: The residence and the employment of...