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Law
on residence, gainful employment
and the integration of foreigners in the Federal Republic of Germany

Original Language Title: Gesetz
über den Aufenthalt, die Erwerbstätigkeit
und die Integration von Ausländern im Bundesgebiet

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Law
about the stay, the employment
and the integration of foreigners in the federal territory (Residence Act-Residence Act)

Unofficial table of contents

Residence

Date of completion: 30.07.2004

Full quote:

" Residence Act, as amended by the Notice of 25 February 2008 (BGBl. 162), as last amended by Article 1 of the Law of 23 December 2014 (BGBl. I p. 2439).

Status: New by Bek. v. 25.2.2008 I 162
Last amended by Art. 1 G v. 23.12.2014 I 2439

For more details, please refer to the menu under Notes
1)
This Act is designed to implement the following directives:
1.
Council Directive 2001 /40/EC of 28 May 2001 on the mutual recognition of decisions on the return of third-country nationals (OJ L 103, 25.4.2001, p. EC No L 149 p. 34),
2.
Council Directive 2001 /51/EC of 28 June 2001 supplementing the arrangements provided for in Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 139, 30.4.2001, p. EC No L 187 p. 45),
3.
Council Directive 2001 /55/EC of 20 July 2001 on minimum standards for the granting of temporary protection in the event of a mass influx of displaced persons and measures to promote a balanced distribution of the burdens associated with the inclusion of of these persons and the consequences of this inclusion, to the Member States (OJ L 327, 30.4.2004, EC No 12),
4.
Council Directive 2002/90/EC of 28 November 2002 on the definition of the facilitation of unauthorised entry, transit and residence (OJ L 327, 22.12.2002, p. EC No OJ L 328, p. 17),
5.
Council Directive 2003 /86/EC of 22 September 2003 on the right to family reunification (OJ L 327, 22.12.2003, p. EU No (OJ L 251, P. 12),
6.
Council Directive 2003 /110/EC of 25 November 2003 on assistance in the transit of transit operations by air (OJ L 327, 22.12.2003, p. EU No L 321 p. 26),
7.
Council Directive 2003 /109/EC of 25 November 2003 on the legal status of third-country nationals who are long-term residents (OJ L 327, 22.12.2003, p. EU 2004 No OJ L 16, p. 44),
8.
Directive 2004 /81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, and who cooperate with the competent authorities 1. EU No OJ L 261, p. 19),
9.
Council Directive 2004 /83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and on the content the protection to be granted (OJ L 327, 22. EU No L 304 p. 12),
10.
Council Directive 2004 /114/EC of 13 December 2004 laying down the conditions for the admission of third-country nationals for the purpose of studying or participating in a pupil exchange, an unremunerated training measure or a Voluntary service (OJ EU No L 375 p. 12),
11.
Council Directive 2005 /71/EC of 12. October 2005 on a special authorisation procedure for third-country nationals for the purpose of scientific research (OJ L 327, 28.12.2005, p EU No L 289 p. 15).

Footnote

(+ + + Text evidence from: 1.1.2005 + + +) 

The G was referred to as Article 1 (d). G v. 30.7.2004 I 1950 (immigration law) passed by the Bundestag with the consent of the Bundesrat. It occurs gem. Article 15 (3) of this Act shall enter into force on 1 January 2005. § § 42, 43 (4), § 69 (2) to (6), § 99 occur on 6.8.2004, § 75 No. 2 (a). a shall enter into force on 1 September 2004. Section 23a repeals mWv 1.1.2010. Unofficial table of contents

Content Summary

Content oversight chapter 1General provisions
§ 1 Purpose of the law; scope
§ 2 Definitions
Chapter 2Entry and
Stay in the federal territory section 1General
§ 3 Pastime
§ 4 Requirement of a residence permit
§ 5 General eligibility requirements
§ 6 Visa
§ 7 Residence permit
§ 8 Extension of residence permit
§ 9 Settlement permit
§ 9a Permission for permanent residence-EU
Section 9b Calculation of residence times
Section 9c Livelihood
§ 10 Residence permit for asylum application
§ 11 Prohibition of entry and residence
§ 12 Scope; minor provisions
Section 2Entry
§ 13 Border crossing
§ 14 Unauthorised entry; exception-visa
§ 15 Reject
Section 15a Distribution of unauthorised foreigners
Section 3Stay to
Purpose of training
§ 16 Studies; language courses; school attendance
§ 17 Other training purposes
Section 4Stay to
Purpose of employment
§ 18 Employment
Section 18a Residence permit for qualified people to work for the purpose of employment
§ 18b Residence permit for graduates of German universities
§ 18c Residence permit for job search for qualified professionals
§ 19 Establishment permit for highly qualified
§ 19a Blue card EU
§ 20 Research
Section 21 Self-employment
Section 5Stay from international law,
humanitarian or political reasons
Section 22 Admission from abroad
Section 23 Residence granted by the supreme state authorities; admission to particularly stored political interests
Section 23a Residence permit in cases of hardship
§ 24 Residence permit for temporary protection
Section 25 Stay on humanitarian grounds
Section 25a Residence permit for well-integrated young people and adolescents
Section 26 Duration of stay
Section 6-Residence for family reasons
§ 27 Principle of family reunification
§ 28 Family retreat to Germans
§ 29 Family retreat to foreigners
§ 30 Contraction of eheats
Section 31 Independent residence rights of the spouses
Section 32 Child retreat
§ 33 Birth of a child in the federal territory
Section 34 Right of residence of children
§ 35 Independent, indefinite right of residence for children
§ 36 Retreat of parents and other family members
Section 7Special residence rights
Section 37 Right to return
§ 38 Residence permit for former Germans
Section 38a Residence permit for long-term residents in other Member States of the European Union
Section 8Participation of the Federal Employment Agency
§ 39 Consent to the employment of foreigners
§ 40 Failure reasons
Section 41 Revocation of consent
§ 42 Authorisation of a regulation and the right of instruction
Chapter 3Integration
Section 43 Integration Course
Section 44 Eligibility to participate in an integration course
Section 44a Obligation to participate in an integration course
§ 45 Integration Program
Chapter 4Order of law
Section 46 Order orders
§ 47 Prohibition and restriction of political activity
§ 48 Duties of expulsion
§ 49 Verification, identification and safeguarding of identity
§ 49a FundPaper-Database
§ 49b Contents of the document database
Chapter 5Termination of the subsection 1Justification of the expo
§ 50 Exit duty
Section 51 Termination of the lawfulness of the stay;
Retribution of restrictions
Section 52 Revocation
Section 53 Mandatory expulsion
§ 54 Rule expulsion
Section 54a Surveillance of expelled foreigners for reasons of internal security
§ 55 Discretionary expulsion
§ 56 Special expulsion protection
Section 2XX_ENCODE_CASE_One enforcement of the exit obligation
Section 57 Return
Section 58 Deportation
Section 58a Removal Order
§ 59 Threat of deportation
§ 60 Prohibition of deportation
§ 60a Temporary suspension of deportation (Duldung)
Section 61 Spatial restriction, seat cover, exit facilities
Section 62 Deportation detention
§ 62a Execution of deportation detention
Chapter 6Liability and Fees
§ 63 Obligations of carriers
Section 64 Obligation to return transport operators
Section 65 Obligations of airport operators
Section 66 Debtor; security
Section 67 Amount of Cost Liability
Section 68 Liability for livelihood
Section 69 Fees
Section 70 Statute of limitations
Chapter 7Rules of Procedure Section 1
Section 71 Responsibility
Section 71a Competence and information
Section 72 Participation requirements
Section 72a Reconciliation of visa application data for security purposes
Section 73 Other participation requirements in the visa procedure and in the issue of residence permits
Section 73a Information on the issue of visas
Section 74 Participation of the federal government; authority
Section 1aXX_ENCODE_CASE_One transit
Section 74a Transit of foreigners
Section 2Federal Office
for migration and refugees
§ 75 Tasks
Section 76 (dropped)
Section 3Management procedure
Section 77 Written form; exception to formal requirements
Section 78 Documents with electronic storage and processing media
Section 78a Forms for residence permits in exceptional cases, identity cards and certificates
§ 79 Decision on the stay
§ 80 Capacity for action of minors
§ 81 Application for the residence permit
Section 82 Involvement of the Ausländers
Section 83 Limitation of ascability
Section 84 Effects of contradiction and action
§ 85 Calculation of residence times
Section 4Data protection
§ 86 Collection of personal data
Section 87 Transfers to foreigners ' authorities
Section 88 Transfers in the case of special statutory use
§ 88a Processing of data in connection with integration measures
§ 89 Procedures for identifying, determining and securing identity-revising measures
Section 89a Procedural rules for the document database
§ 90 Transfers by foreigners ' authorities
§ 90a Announcements by the Foreigners Authorities to the reporting authorities
§ 90b Reconciliation between aliens and reporting authorities
§ 90c Data transfers in the visa procedure via the Federal Foreign Office
Section 91 Storage and deletion of personal data
Section 91a Temporary protection register
Section 91b Data transmission by the Federal Office for Migration and Refugees as a national contact point
§ 91c For information on the implementation of Directive 2003 /109/EC
§ 91d For information on the implementation of Directive 2004 /114/EC
§ 91e Common rules for the Register of temporary protection and intra-Community data transfers
§ 91f Information on the implementation of Directive 2009 /50/EC within the European Union
Chapter 8Envoy for Migration,
Refugees and Integration
§ 92 The Office of the Delegates
Section 93 Tasks
Section 94 Powers and responsibilities
Chapter 9Strait and Penal
§ 95 Criminal provisions
§ 96 Smuggling of foreigners
Section 97 Infeed with sequence of deaths; commercial and band-enduring sluice-in
Section 98 Fines
Chapter 9A legal consequences of illegal employment
§ 98a Remuneration
§ 98b Exclusion of subsidies
§ 98c Exclusion from the award of public contracts
Chapter 10Regulation authorises;
Transitional and final provisions
§ 99 Authorisation
§ 100 Linguistic adjustment
§ 101 Continuation of previous residence rights
Section 102 Repayment of foreign legal measures and accounting
Section 103 Application of existing law
Section 104 Transitional arrangements
Section 104a Old-age scheme
Section 104b Right of residence for integrated children of condoned foreigners
Section 105 Retribution of work permits
Section 105a Provisions on administrative procedures
Section 105b Transitional provision for residence permits in accordance with uniform format
Section 106 Limitation of fundamental rights
Section 107 City State Clause

Chapter 1
General provisions

Unofficial table of contents

§ 1 Purpose of the law; scope of application

(1) The law is used to control and limit the influx of foreigners into the Federal Republic of Germany. It enables and designs immigration taking into account the absorption and integration capacity as well as the economic and labour market interests of the Federal Republic of Germany. At the same time, the law serves to fulfil the humanitarian obligations of the Federal Republic of Germany. It regulates the entry, residence, gainful employment and integration of foreigners. The regulations in other laws remain unaffected. (2) This law does not apply to foreigners,
1.
whose legal status is governed by the law on the general freedom of movement of Union citizens, unless otherwise provided for by law,
2.
which are not subject to German jurisdiction in accordance with § § 18 to 20 of the German Court of Justice Act,
3.
in so far as they comply with international agreements for diplomatic and consular traffic and for the activities of international organizations and bodies of immigration restrictions, the obligation to reside in the A foreign authority shall be notified of the requirement of a residence permit and, if reciprocity exists, provided that the exemptions can be made subject to such conditions.
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§ 2 Definitions

(1) Foreigners are anyone who is not German within the meaning of Article 116 (1) of the Basic Law. (2) Employment is the self-employed activity and employment within the meaning of § 7 of the Fourth Book of Social Law. (3) The livelihood of an exporter shall be secured if he or she is able to contest him, including sufficient health insurance, without recourse to public funds. The use of public funds shall not be considered as a reference to:
1.
child benefit,
2.
Child surcharge,
3.
Education allowance;
4.
Parental allowance,
5.
Benefits of educational support under the Third Book of the Social Code, the Federal Education and Training Promotion Act and the Education and Training Promotion Act, and
6.
public funds which are based on contribution payments or which are granted in order to make the stay in the Federal Republic possible.
If the foreigner is insured in a statutory health insurance, he/she has sufficient health insurance cover. When a residence permit is issued or extended for family retreat, the contributions of family members to household income are taken into account. The livelihood applies to the granting of a residence permit according to § 16 as secured if the foreigner uses monthly funds in the amount of the monthly requirement, which is determined in accordance with § § 13 and 13a (1) of the Federal Education Promotion Act (Bundesausbildungsförderungsgesetz) will be available. For the issue of a residence permit in accordance with § 20, an amount of two-thirds of the reference quantity within the meaning of § 18 of the Fourth Book of Social Code shall be deemed sufficient to cover the cost of living. The Federal Ministry of the Interior shall announce the minimum amounts according to the rates 5 and 6 for each calendar year until 31 December of the previous year in the Federal Gazette (Bundesanzeiger). (4) As a sufficient living space, no longer required than for the Accommodation of an apartment seeker in a publicly funded social rental apartment is sufficient. The living space is not sufficient if it does not meet the requirements of German legislation in terms of nature and occupancy. Children up to the end of the second year are not counted in the calculation of the housing space sufficient for the family accommodation. (5) Schengen States are the States in which the following acts are fully applicable:
1.
Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of the Schengen Agreement Checks at the common borders (OJ L 327, 22. OJ L 239, 22.9.2000, p.19),
2.
Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (OJ L 327, 30.12.2006, p. OJ L 105, 13.4.2006, p.1) and
3.
Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (OJ L 145, 31.5.2009, p. OJ L 243, 15.9.2009, p. 1).
(6) Pre-reaching protection within the meaning of this Act is the granting of residence in application of Council Directive 2001 /55/EC of 20 July 2001 on minimum standards for the granting of temporary protection in the event of a mass influx of Displaced persons and measures to promote a balanced distribution of the burdens associated with the reception of such persons and the consequences of this inclusion (OJ L 327, 22.7.2000, p. EC No 12). (7) Long-term resident is a foreigner who, in a Member State of the European Union, is entitled to the legal status referred to in Article 2 (b) of Council Directive 2003 /109/EC of 25 November 2003 on the Legal status of third-country nationals who are long-term residents (OJ L 136, 31.7.2006, EU 2004 No 44), as last amended by Directive 2011 /51/EU (OJ L 197, 21.7.2011, p. 1). (8) Long-term resident status-EU has been issued to a long-term resident by another Member State of the European Union The residence permit referred to in Article 8 of Directive 2003 /109/EC. (9) Simple German language skills correspond to level A 1 of the Common European Framework of Reference for Languages (recommendations of the Committee of Ministers of the Council of Europe to the Member States No R (98) 6 of 17 March 1998 on the Common European Framework of Reference for Languages-GER). (10) Sufficient German language skills correspond to level A 2 of the Common European Framework of Reference for Languages. (11) Sufficient German language skills Language skills correspond to level B 1 of the Common European Framework of Reference for Languages. (12) The German language dominates a foreigner if his/her language skills are at level C 1 of the Common European Framework of Reference for Languages. (13) International protection is a foreigner who enjoy international protection in the sense of
1.
Council Directive 2004 /83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and on the content the protection to be granted (OJ L 327, 22. OJ L 304, 30.9.2004, p.12),
2.
Directive 2011 /95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the recognition of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for Refugees or persons with a right to subsidiary protection and the content of the protection granted (OJ L 327, 30.4.2004, p. OJ No L 337, 20.12.2011, p. 9).

Chapter 2
Entry and residence in the Federal Republic of Germany

Section 1
General

Unofficial table of contents

§ 3 Pasduty

(1) Foreigners may only enter or reside in the territory of the Federal Republic if they have a recognised and valid passport or register, provided that they are not exempted from the obligation to do so by means of a regulation. The Federal Ministry of the Interior or the body designated by it may, in duly substantiated individual cases, before the entry into the territory of the Federal Republic of Germany, fulfil the obligation to stay in the territory of the Federal Republic of Germany. Foreigners for the border crossing and a subsequent stay of up to six months permit exceptions to the passport obligation. Unofficial table of contents

§ 4 requirement of a residence permit

(1) Foreigners shall be required to enter and reside in the territory of a residence permit, unless otherwise provided by law of the European Union or by means of a legal regulation or by reason of the Agreement of 12 September 1963 on the creation of an association between the European Economic Community and Turkey (BGBl. 509) (Association Agreement between the EEC and Turkey), there is a right of residence. The residence permits shall be issued as
1.
Visa within the meaning of Article 6 (1) (1) and (3),
2.
Residence permit (§ 7),
2a.
Blue card EU (§ 19a),
3.
Settlement permit (§ 9) or
4.
Permission for permanent residence-EU (§ 9a).
The legislation applicable to the residence permit is also applied to the EU Blue Card, provided that nothing else is determined by law or decree. (2) A residence permit entitles the person to take up gainful employment, provided that it is determined in accordance with this Act or the residence permit expressly permits the pursuit of gainful employment. Each residence permit must indicate whether the pursuit of a professional activity is permitted. A foreigner who does not have a residence permit for the purpose of employment can only be allowed to pursue a job if the Federal Employment Agency has agreed to work or if it is determined by means of a legal regulation that the exercise of the exercise of employment of employment is permitted without the consent of the Federal Employment Agency. Restrictions on the granting of consent by the Federal Employment Agency must be taken into account in the residence permit. (3) Foreigners may only pursue gainful employment if the residence permit entitles them to do so. Foreigners may only be employed or charged with other service or work services if they have such a residence permit. This does not apply if the foreigner is allowed to work on the basis of an intergovernmental agreement, a law or a legal regulation, without having to be entitled to do so by means of a residence permit. Anyone who employs a foreigner in the territory of the Federal Republic of Germany or who is responsible for the sustainable remuneration of services or works which the foreigner exercises on a profit basis must check whether the conditions set out in the second sentence or sentence 3 are met. Anyone who employs a foreigner in the territory of the Federal Republic of Germany must have a copy of the residence permit or certificate on the residence permit or the suspension of the expulsion of the foreigner in electronic form for the duration of the employment or in paper form. (4) (3) (5) A foreigner who is entitled to a right of residence under the association agreement of the EEC-Turkey is obliged to prove the existence of the right of residence by possession of a residence permit, in so far as he does not have a settlement permit or a permit to Permanent residence-EU possesses. The residence permit will be issued on request. Unofficial table of contents

§ 5 General Conditions of Distribution

(1) The issue of a residence permit shall, as a general rule, require:
1.
of the livelihood,
1a.
the identity and, if he is not entitled to return to another State, the nationality of the country of residence is clarified,
2.
there is no reason for expulsion,
3.
insofar as there is no right to issue a residence permit, the stay of the expo does not adversely affect or endanger the interests of the Federal Republic of Germany for any other reason, and
4.
the obligation to fulfil the obligation under Section 3 is fulfilled.
(2) Furthermore, the issue of a residence permit, a settlement permit or a permit for permanent residence-EU requires that the foreigner be granted a residence permit.
1.
has entered with the required visa, and
2.
the relevant information has already been made in the application for the visa application.
This may be waited if the conditions of a claim for grant are fulfilled or if, due to special circumstances of the individual case, it is not reasonable to obtain the visa procedure. (3) In the cases of issuing a The residence permit in accordance with § § 24, 25 (1) to (3) and Article 26 (3) shall be deducted from the application of paragraphs 1 and 2 in the cases of Article 25 (4a) and (4b) of the application of the provisions of paragraphs 1 to 2 and 4 and of paragraph 2. In the other cases of issue of a residence permit referred to in Chapter 2, Section 5, the application of paragraphs 1 and 2 may be waited. Where the application of paragraph 1 (2) does not apply, the Foreigners Authority may point out that an expulsion on the basis of individual grounds for expulsion, which is the subject of a criminal or other procedure which has not yet been completed, shall be (4) The granting of a residence permit shall be refused if one of the grounds for expulsion is in accordance with Section 54 (5) to (5b). In duly substantiated individual cases, derogations from the first sentence may be permitted if the foreigner reveals himself to the competent authorities and is credibly separated from his or her security-endangering action. The Federal Ministry of the Interior or the body designated by it may, in duly substantiated individual cases, allow exceptions to the first sentence of sentence 1 prior to the entry of the expo for the border crossing and a subsequent stay of up to six months. Unofficial table of contents

§ 6 Visa

(1) A foreigner may be granted the following visas under the conditions laid down in Regulation (EC) No 810/2009:
1.
a visa for transit through the territory of the Schengen States or for planned stays in this territory of up to three months within a period of six months from the date of first entry (Schengen visa),
2.
an airport transit visa for transit through the international transit zones of airports.
(2) Schengen visas may be renewed within a period of six months from the date of the first entry, in accordance with Regulation (EC) No 810/2009, up to a total period of three months. For a further three months within the six-month period concerned, a Schengen visa may be issued from the grounds referred to in Article 33 of Regulation (EC) No 810 /2009/EC, in order to safeguard the political interests of the Federal Republic of Germany or (3) For longer-term stays, a visa is required for the Federal Republic of Germany (national visa), which is issued prior to entry. The grant is based on the rules applicable to the residence permit, the EU Blue Card, the settlement permit and the permit for permanent residence-EU rules. The period of legal residence with a national visa is credited to the periods of possession of a residence permit, an EU Blue Card, a residence permit or a permit for permanent residence-EU. (4) An exception visa in the sense of Article 14 (2) shall be issued as a visa within the meaning of paragraph 1 (1) or in paragraph 3. Unofficial table of contents

§ 7 Residence Permit

(1) The residence permit shall be a temporary residence permit. It shall be granted for the purposes of the stay referred to in the following paragraphs. In justified cases, a residence permit may also be issued for a purpose of residence not provided for by this law. (2) The residence permit shall be limited in time, taking into account the intended stay. If a condition essential to the granting, renewal or determination of the period of validity is not necessary, the period may also be shortened subsequently. Unofficial table of contents

§ 8 Extension of the residence permit

(1) The extension of the residence permit shall apply to the same rules as to grant. (2) The residence permit may not, as a general rule, be extended if the competent authority does so in the case of one of its intended purpose: (3) Prior to the extension of the residence permit, it must be established whether the foreigner has a duty to do so, if he or she is not required to be able to obtain a residence permit. Proper participation in the integration course has been complied with. If a foreigner violates his obligation to participate in an integration course in accordance with § 44a (1) sentence 1, this must be taken into account in the decision on the extension of the residence permit. If there is no right to issue a residence permit, the extension of the residence permit should be refused in case of repeated and grossly violating the duties of the first sentence. If there is a right to an extension of the residence permit only under this law, the extension may be refused unless the foreigner provides proof that his integration into social and social life is otherwise is done. The decision shall take into account the duration of the lawful stay, the protection worthy of the extension to the territory of the Federal Republic and the consequences of a residence permit for his family members who are legally resident in the territory of the Federal Republic of Germany. If a foreigner has been or is obliged to participate in an integration course in accordance with § 44a (1) sentence 1, the extension of the residence permit shall be limited to a maximum of one year, as long as it does not yet have the integration course. (4) Paragraph 3 is not to be applied to the prolongation of any one pursuant to § 25 (1), (2) or (3) of the Convention issued residence permit. Unofficial table of contents

§ 9 Right of establishment

(1) The right of establishment shall be an indefinite residence permit. It is entitled to pursue an activity and may only be provided with a secondary provision in the cases expressly authorized by this Act. § 47 shall remain unaffected. (2) A foreigner shall be granted the settlement permit if:
1.
he has been granted a residence permit for five years,
2.
its livelihood is secured,
3.
he has made compulsory contributions or voluntary contributions to the statutory pension insurance for at least 60 months, or expenses for a claim to comparable benefits of an insurance or supply institution or a pension scheme, or insurance company; professional downtime due to child care or home care is credited accordingly,
4.
Reasons for public security or public order, taking into account the seriousness or nature of the breach of public security or order or the risk posed by the foreigner, taking into account the duration of the previous Do not stand in the way of residence and the existence of ties in the territory of the Federal Republic
5.
it is permitted to be employed, provided that it is a worker,
6.
it is in possession of the other permits required for the continuous pursuit of his/her gainful employment,
7.
he has sufficient knowledge of the German language,
8.
it has basic knowledge of the legal and social order and the living conditions in the federal territory, and
9.
he has sufficient housing for himself and his family members living with him in the home community.
The conditions set out in the first sentence of sentence 1 (7) and (8) have been established when an integration course has been successfully completed. These conditions are not met if the foreigner cannot fulfil it because of a physical, mental or mental illness or disability. In addition, in order to avoid a hardship, the conditions set out in the first sentence of sentence 1 (7) and (8) may Furthermore, apart from the fact that the foreigner can communicate verbally in German in a simple way and he did not have the right to participate in the integration course in accordance with § 44 (3) no. 2, or he is not entitled to participate in the integration course according to Article 44a (2) (3) Participation in the integration course was required. In addition, the conditions set out in the first sentence of sentence 1 (2) and (3) shall not apply if the foreigner is unable to fulfil them for the reasons set out in sentence 3. (3) In the case of spouses who live in married life, it is sufficient for the spouse to live in the same way. The conditions laid down in the first sentence of paragraph 2 (3), (5) and (6) shall be fulfilled by a spouse. The condition referred to in the first sentence of paragraph 2 shall be waived if the foreigner is in a training course leading to a recognised educational or vocational qualification or a university degree. Sentence 1 shall apply in the cases of Section 26 (4). (4) The following periods shall be counted on the periods of possession of a residence permit required for the granting of a residence permit:
1.
the period of prior possession of a residence permit or settlement permit if the foreigner was in possession of a settlement permit at the time of departure, minus the period of stay in between, outside the Federal territory which led to the extinguisher of the settlement permit; no more than four years shall be credited,
2.
no more than six months for any stay outside the territory of the Federal Republic of Germany which did not lead to the granting of a residence permit;
3.
The period of legal residence for the purpose of study or vocational training in the federal territory is halfway.
Unofficial table of contents

§ 9a Permission for permanent residence-EU

(1) The permit for permanent residence-EU is an indefinite residence permit. Section 9 (1) sentences 2 and 3 shall apply accordingly. To the extent that this law does not regulate anything else, permission to stay in the EU is equivalent to the permanent residence permit. (2) A foreigner is a permit to stay in the EU under Article 2 (b) of Directive 2003 /109/EC , if
1.
he has been staying in the federal territory for five years with a residence permit,
2.
its livelihood and that of its dependants, to which it has to pay, is secured by regular and regular income,
3.
he has sufficient knowledge of the German language,
4.
it has a basic knowledge of the legal and social order and the living conditions in the federal territory,
5.
Reasons for public security or public order, taking into account the seriousness or nature of the breach of public security or order or the risk posed by the foreigner, taking into account the duration of the previous Do not stand in the way of residence and the existence of ties in the federal territory; and
6.
he has sufficient housing for himself and his family members living with him in a family community.
Section 9 (2), second sentence, sentence 2 to 5 shall apply mutas to sentence 1, no. 3 and 4. (3) Paragraph 2 shall not apply if the foreigner
1.
has a residence permit referred to in Section 5 which has not been granted on the basis of section 23 (2) or a comparable legal status in another Member State of the European Union and neither in the Federal Republic of Germany nor in is recognised by another Member State of the European Union as an internationally protected person; the same applies if it has applied for such a title or legal status and has not yet been finally decided on the application is,
2.
in a Member State of the European Union, a request for recognition as an internationally protected person or a temporary protection within the meaning of section 24 has been requested and the application has not yet been finally decided on,
3.
has a legal status in another Member State of the European Union which is equivalent to that described in Section 1 (2) (2),
4.
with a residence permit according to § 16 or § 17 or
5.
is committed to any other nature of its nature for a temporary purpose in the federal territory, in particular:
a)
based on a residence permit according to § 18, if the approval of the Federal Employment Agency's approval is based on a regulation pursuant to section 42 (1) of the maximum employment period,
b)
if the extension of his residence permit has been ruled out in accordance with Section 8 (2), or
c)
if his residence permit is used for the production or maintenance of the family life community with a foreigner who himself only has a temporary purpose in the territory of the Federal Republic of Germany, and in the event of a waiver of the Life-community would not create an independent right of residence.
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Section 9b Transfer of residence times

(1) The following periods shall be taken into account for the periods required pursuant to Article 9a (2) sentence 1 no. 1:
1.
Periods of residence outside the territory of the Federal Republic in which the foreigner had a residence permit and
a)
has been held abroad for reasons of posting for professional reasons, provided that the duration of the posting has not exceeded six months in each case or a longer period of time determined by the immigration authority in accordance with Section 51 (1) No. 7, or
b)
the periods shall not exceed six consecutive months and within the period referred to in Article 9a (2), first sentence, No 1, for a total of 10 months,
2.
Periods of prior residence in the territory of the Federal Republic of Germany with a residence permit, residence permit or permission to stay in the EU if the foreigner is in possession of a settlement permit at the time of departure or a permit to Permanent residence-EU was and the residence permit or the permit for permanent residence-EU alone because of a stay outside of Member States of the European Union or because of the acquisition of the legal status of a long-term Persons entitled to stay in another Member State of the European Union , up to a maximum of four years,
3.
Periods in which the foreigner was entitled to freedom of movement,
4.
Periods of legal residence for the purpose of study or vocational training in the federal territory half,
5.
in the case of internationally protected persons, the period between the date of application for international protection and the date of issue of a residence permit granted on the basis of the granting of international protection.
Not counting periods of stay according to § 9a (3) no. 5 and periods of residence, in which the foreigner also fulfilled the conditions of § 9a para. 3 no. 3. Periods of stay outside the Federal territory do not interrupt the stay in accordance with § 9a (2) sentence 1 no. 1 if the stay outside the Federal territory has not led to the erasure of the residence permit; these times will be at the Determination of the total duration of the stay in accordance with § 9a (2) sentence 1 no. 1 shall not be counted. In all other cases, the departure from the territory of the Federal Republic interrupts the stay according to § 9a (2) sentence 1 no. 1. (2) The periods in which the foreigner has a blue card shall be counted on the required periods pursuant to § 9a (2) sentence 1 (1) (1). EU, which has been granted by another Member State of the European Union, if the foreigner
1.
has held at least 18 months in that other Member State of the European Union with an EU Blue Card, and
2.
for at least two years as holder of the EU Blue Card in the territory of the Federal Republic of Germany.
Not counting periods in which the foreigner has not been in the European Union. These periods shall not, however, interrupt the stay in accordance with Article 9a (2), first sentence, point 1 if they do not exceed twelve consecutive months and do not exceed 18 months in total within the period referred to in Article 9a (2), first sentence, point 1. The sentences 1 to 3 shall be applied in accordance with family members of the expo who have been granted a residence permit in accordance with § § 30 or 32. Unofficial table of contents

§ 9c livelihood

Fixed and regular income within the meaning of Article 9a (2), first sentence, point 2, shall normally be available if:
1.
the foreigner has fulfilled his tax obligations,
2.
the foreigner or his/her spouse living with him in a family community has made contributions or expenses for an adequate pension in Germany or abroad, unless he or she does so by means of a physical, mental or psychic the disease or disability was prevented;
3.
the foreigner and his relatives living with him in a family community against the risk of the disease and the need for care by the statutory health insurance or a substantially equivalent, permanent or unrelated person automatic renewal of insurance cover, and
4.
the foreigner, who obtains his regular income from a gainful activity, is entitled to work and also has the other permits required for this purpose.
In the case of spouses living in married life, it is sufficient if the condition set out in sentence 1, no. 4, is fulfilled by a spouse. No higher contributions or expenses are required as contributions or expenses, which are required in accordance with the first sentence of the second sentence of the first sentence of the first sentence of Article 9 (2) of the first sentence of the first sentence. Unofficial table of contents

§ 10 Residence permit for asylum application

(1) A foreigner who has lodged an application for asylum may, before the final conclusion of the asylum procedure, grant a residence permit except in the cases of a legal claim only with the consent of the supreme state authority and only then , if important interests of the Federal Republic of Germany require it. (2) A residence permit issued or extended after the entry of the Ausländer from the Foreigners ' Office may, in accordance with the provisions of this law, be subject to the conditions laid down in this Act that the foreigner has lodged an application for asylum. (3) A foreigner whose application for asylum has been rejected indisputably or who has withdrawn his application for asylum may be issued a residence permit only in accordance with Section 5 before leaving the country. If the application for asylum has been rejected in accordance with Section 30 (3) (3) (1) to (6) of the Asylum Procedure Act, no residence permit may be issued before leaving the country. In the case of a right to issue a residence permit, sentences 1 and 2 shall not apply; sentence 2 shall also not apply if the foreigner fulfils the conditions for issuing a residence permit in accordance with section 25 (3). Unofficial table of contents

§ 11 Ban on entry and residence

(1) A foreigner who has been expelled, pushed back or deported shall not be allowed to enter the territory of the Federal Republic of Germany again and stay in the territory. He/she shall not be granted a residence permit even if the conditions of a claim under this Act are fulfilled. The effects referred to in sentences 1 and 2 shall be limited on request. The period shall be determined in the light of the circumstances of the individual case and may only exceed five years if the foreigner has been expelled on the basis of a criminal conviction or if he/she has a serious risk to public safety or order. The length of the time limit shall be taken into consideration as to whether the foreigner is fully in time and voluntarily. The deadline begins with the exit. A foreigner will not be able to apply for a period of time if a foreigner is deported from the federal territory for a crime against peace, war crimes or a crime against humanity or on the basis of a deportation order according to § 58a. . The supreme state authority may, on a case-by-case basis, allow exceptions to the seventh sentence. (2) Before the expiry of the time limit laid down in accordance with the third sentence of paragraph 1, in addition to the cases referred to in the first sentence of paragraph 1, the foreigner may, exceptionally, be allowed to leave the , if compelling reasons require his presence or if the failure to obtain permission would result in an undue hardship. In the case of the first sentence of paragraph 1, the first sentence of paragraph 1 shall apply accordingly. Unofficial table of contents

§ 12 Scope; secondary provisions

(1) The residence permit shall be issued for the Federal Republic of Germany. Its validity under the provisions of the Schengen Convention for the stay in the territory of the Contracting Parties remains unaffected. (2) The visa and the residence permit can be granted and extended with conditions. They may, even subsequently, be connected with conditions, in particular a spatial restriction. (3) A foreigner has the part of the federal territory in which he is contrary to a territorial restriction without the permission of the aliens authority, (4) The stay of a foreigner who does not require a residence permit can be limited in time and space and subject to conditions and conditions. (5) The aliens authority can leave the foreigner leaving the residence permit. of the restricted area of residence on the basis of this law . Permission shall be granted if there is an urgent public interest, compelling reasons require it or the failure of the permit would imply an undue hardship. The foreigner can perform appointments with authorities and courts, where his personal appearance is required, without permission.

Section 2
Entry

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§ 13 Cross-border crossing

(1) The entry into the territory of the Federal Republic and the departure from the territory of the Federal Republic shall be permitted only at the approved border crossing points and within the stipulated transport hours, except in the case of other legislation or Exceptions are permitted under intergovernmental agreements. Foreigners are obliged to carry a recognised and valid passport or register in accordance with § 3 (1) on entry and exit, and to subject themselves to the police control of international traffic. (2) An der authorized border crossing point is a foreigner only entered when he crossed the border and passed the border crossing point. If the authorities responsible for police control of cross-border traffic leave a foreigner before the decision on refoulement (§ 15 of this Act, § § 18, 18a of the Asylum Procedure Act) or during the preparation, If the border crossing point is to be secured or implemented for a certain temporary purpose, entry within the meaning of the first sentence shall not be provided for as long as it remains possible for them to check the residence of the exportor. Incidentally, a foreigner has entered the border if he crossed the border. Unofficial table of contents

§ 14 Unauthorised entry; exception-visa

(1) The entry of an extension into the territory of the Federal Republic of Germany is not permitted if it is
1.
does not have a required passport or log record in accordance with Section 3 (1),
2.
does not have the residence permit required in accordance with Article 4,
2a.
although a visa required in accordance with § 4 has been granted on the territory of the country of entry, the visa has been obtained by threat, bribery or collusion or has been made difficult by incorrect or incomplete information and has therefore been withdrawn with effect for the past, or is cancelled, or
3.
in accordance with Section 11 (1), unless he/she has a type-approval pursuant to § 11 (2).
(2) The authorities responsible for the police control of cross-border traffic may issue exemption visas and passport documents. Unofficial table of contents

Section 15 Rejection

(1) A foreigner who wishes to enter unauthorised shall be refused at the border. (2) A foreigner may be refused at the border if:
1.
there is a reason for expulsion,
2.
there are reasonable grounds for suspecting that the stay does not serve the stated purpose,
2a.
it only has a Schengen visa or is exempted from the visa requirement for a short-term stay and intends to pursue gainful employment, contrary to § 4 (3) sentence 1, or
3.
it does not fulfil the conditions for entry into the territory of the Contracting Parties pursuant to Article 5 of the Schengen Borders Code.
(3) A foreigner who is exempt from the requirement of a residence permit for a temporary stay in the territory of the Federal Republic of Germany may be refused if he does not fulfil the requirements of § 3 (1) and § 5 (1). (4) § 60 (1) to (3), 5 and 7 to 9 shall be applied accordingly. A foreigner who has lodged an application for asylum must not be rejected as long as he is allowed to stay in the territory of the Federal Republic under the provisions of the Asylum Procedures Act. (5) A foreigner shall be required to secure the refoulement. Judicial order will be taken in detention (detention) if a rejection decision has been issued and it cannot be carried out directly. In addition, Section 62 (4) shall apply accordingly. In the cases in which the judge refuses the order or the extension of the detention, paragraph 1 shall not apply. (6) If the foreigner enters the federal territory by air and is not entered in accordance with Section 13 (2), but rejected , he is to be placed in the transit area of an airport or an accommodation, from where his departure from the federal territory is possible, if refusing detention is not requested. The residence of the expat in the transit area of an airport or in an accommodation in accordance with the first sentence shall be required no later than 30 days after arrival at the airport or, if the date of arrival is not to be determined, the competent authorities shall inform the competent authorities of the Arrival, the judicial order. The arrangement shall be made to secure the departure. It shall be admissible only if the departure is to be expected within the duration of the arrangement. Paragraph 5 shall apply accordingly. Unofficial table of contents

§ 15a Distribution of non-permitted foreigners

(1) Unauthorised nationals who are not allowed to seek asylum or be deported immediately after the declaration of unauthorised entry and who can be deported or returned from detention shall be taken before the decision. on the suspension of deportation or the granting of a residence permit to the countries. You do not have the right to be distributed to a particular country or place. The distribution to the countries is provided by a central distribution centre designated by the Federal Ministry of the Interior. As long as countries have not agreed a different key for distribution, the key set for the distribution of asylum seekers is valid. Each country shall designate up to seven authorities to arrange for distribution by the body designated in accordance with the third sentence and to take up distributed aliens. If the foreigner has a breakdown, before being apported, that a household community exists between spouses or parents and their minor children or other compelling reasons that are contrary to the distribution to a particular place, is to be taken into account in the distribution. (2) The aliens authorities may oblige the aliens to go to the authority to arrange for the distribution. This shall not apply if the case referred to in the first sentence of paragraph 1 is to be taken into account. There shall be no objection to a commitment made pursuant to the first sentence. The action shall not have suspensive effect. (3) The central distribution centre shall designate the authority which has caused the distribution to take up the host institution responsible for the reception of the records in accordance with the sentences 2 and 3. If the country whose authority has ordered the distribution has not fulfilled its reception rate, the receiving institution of the country nearest to that authority shall be subject to a reception. Otherwise, the reception facility designated by the central distribution centre pursuant to § 45 of the Asylum Procedures Act and the existing vacant accommodation facilities shall be subject to the obligation to receive the admission. § 46 (4) and (5) of the Asylum Procedures Act shall apply accordingly. (4) In the cases referred to in the third sentence of paragraph 3, the authority which has ordered the distribution pursuant to paragraph 3 shall specify that the foreigner shall be responsible for the distribution of the In the cases referred to in the second sentence of paragraph 3, it may order them to be taken. The aliens authority shall transmit the result of the hearing to the body responsible for distribution, which shall inform the number of foreigners, indicating the countries of origin and the outcome of the hearing of the central distribution centre. Spouses as well as parents and their minor minor children are to be reported as a group and distributed. The foreigner has to reside in this accommodation facility until he is redistributed within the country, but at the latest until the suspension of deportation or until the granting of a residence permit; the § § 12 and 61 (1) remain unaffected. The state governments are authorized to regulate the distribution within the country by means of a decree law, insofar as this is not governed by the law of the Land on the basis of this law; § 50 (4) of the Asylum Procedure Act is to be found appropriate application. The state governments can transfer the empowerment to other parts of the country. There is no contradiction in the case of an order taken in accordance with the first sentence. The action does not have suspensive effect. Sentences 7 and 8 shall apply mutatily if a distribution order is issued pursuant to a Land Act or a decree-law in accordance with sentence 5. (5) The competent authorities may allow the foreigner, after the distribution, to have his home in a to take another country. After a change of residence, the foreigner is deducted from the quota of the country of departure and is credited to that of the receiving country. (6) The provisions of paragraphs 1 to 5 do not apply to persons who have been proven to be before 1 January 2005 have entered.

Section 3
Stay for the purpose of training

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§ 16 Studies; language courses; school attendance

(1) A residence permit may be issued to a foreigner for the purpose of studying at a state or state-recognised university or comparable training institution. The purpose of the study programme includes preparatory language courses as well as the attendance of a preparatory course (preparatory courses). The residence permit for the purpose of studies may only be granted if the foreigner has been admitted by the training institution; a conditional admission is sufficient. A proof of knowledge in the language of training is not required if the language skills have already been taken into account in the authorisation decision or if they are to be acquired through preparatory measures. The period of validity of the grant and extension of the residence permit for studies shall be at least one year and shall not exceed two years in the course of studies and preparatory measures; it may be extended if the (1a) A residence permit can also be issued to a foreigner for the purpose of the study application. The stay as a prospective student may not exceed nine months. (2) During the stay referred to in paragraphs 1 or 1a, a residence permit shall not normally be granted or renewed for any other purpose of stay, unless a residence permit is granted for a period of 9 months. legal claim. § 9 does not apply. (3) The residence permit entitles the person to pursue an occupation, which may not exceed a total of 120 days or 240 half days per year, as well as for the exercise of student secondary activities. This does not apply during the period of study preparatory measures during the first year of the stay, except during the holiday period, and during a stay in accordance with paragraph 1a. (4) After successful completion of the studies, the residence permit may up to 18 months in order to search for a job suitable for this conclusion, provided that it is allowed to be filled by foreigners in accordance with the provisions of § § 18, 19, 19a and 21 of the Federal Foreign Minister. The residence permit entitles the person to take up gainful employment during this period. § 9 shall not apply. (5) A foreigner may be granted a residence permit to participate in language courses which do not serve the preparation of the study, to participate in a student exchange and, in exceptional cases, for the school attendance. (5a) The school attendance referred to in paragraph 5 of a qualified vocational training, entitles the residence permit to carry out an employment independent of the training up to ten hours per week. (5b) Successful completion of qualified vocational training may result in a residence permit of up to one year in order to find a job suitable for this degree, provided that it is allowed to be filled by foreigners in accordance with the provisions of § § 18 and 21 of the German Federal Foreign Service. will be extended. The residence permit entitles the person to take up gainful employment during this period. § 9 does not apply. (6) A foreigner who has been granted a residence permit by another Member State of the European Union for the purpose of study, which is within the scope of Council Directive 2004 /114/EC of 13 December 2004 on the admission of third-country nationals for the purpose of studying or participating in a student exchange, an unremunerated training measure or a voluntary service (OJ L 327, 30.4.2004, p. EU No 12), a residence permit shall be issued for the same purpose if:
1.
would like to carry out part of his studies at a training institution in the Federal Republic of Germany, because he is obliged to study at an educational institution of another Member State in the course of his study programme. European Union, or
2.
the conditions laid down in paragraph 1 are fulfilled and a part of a course of studies already begun in the other Member State in the territory of the Federal Republic of Germany or supplemented by studies in the territory of the Federal Republic of Germany, and
a)
participating in an exchange programme between the Member States of the European Union or in an exchange programme of the European Union; or
b)
has been admitted to study in the other Member State of the European Union for a period of at least two years.
A foreigner applying for a residence permit as set out in the first sentence of the first sentence of the first sentence of the first subparagraph shall submit to the competent authority documents relating to his or her academic background and to the intended studies in Germany, which shall include the continuation or completion of the previous Undergraduate studies in the Federal Republic of Germany. § 9 shall not apply. (7) If the foreigner is 18. The person entitled to vote must agree to the planned stay for the year. Unofficial table of contents

§ 17 Other training purposes

(1) A foreigner may be granted a residence permit for the purpose of in-company vocational education and training if the Federal Employment Agency has agreed to work in accordance with § 39 or by means of a legal regulation pursuant to § 42 or the intergovernmental agreement It is determined that the initial and continuing training is permissible without the consent of the Federal Employment Agency. Restrictions on the granting of consent by the Federal Employment Agency shall be taken into account in the residence permit. § 16 (2) applies accordingly. (2) If this is a qualified vocational training, the residence permit entitles the person to pursue an occupation independent of the vocational training up to ten hours per week. (3) After successful completion of the training, the residence permit shall be subject to the following conditions: Completion of qualified vocational training may extend the residence permit up to one year in order to find a job suitable for this conclusion, provided that it is allowed to be occupied by foreigners in accordance with the provisions of § § 18 and 21 . The residence permit entitles the person to take up gainful employment during this period. § 9 shall not apply.

Section 4
Stay for the purpose of employment

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Section 18 Employment

(1) The admission of foreign employees shall be based on the requirements of Germany as a business location, taking into account the conditions on the labour market and the need to combat unemployment effectively. International agreements remain unaffected. (2) A foreigner may be granted a residence permit for the exercise of employment if the Federal Employment Agency has agreed to work pursuant to Article 39 or by means of a legal regulation pursuant to § 42 or the intergovernmental agreement stipulates that the exercise of employment shall be permitted without the consent of the Federal Employment Agency. Restrictions on the granting of the consent of the Federal Employment Agency shall be included in the residence permit. (3) A residence permit for the exercise of an employment as referred to in paragraph 2, which does not qualify for qualified vocational training , may only be granted if this is determined by an inter-governmental agreement or if, pursuant to a regulation pursuant to section 42, the granting of consent to a residence permit for such employment is permissible. (4) the residence permit for the pursuit of employment as referred to in paragraph 2, which shall include: requires qualified vocational training, may only be granted for employment in a professional group which has been approved by means of a regulation in accordance with section 42. In the justified individual case, a residence permit may be issued for employment if there is a public interest in employment, in particular a regional, economic or labour market political interest. (5) The residence permit referred to in paragraph 2, § 19 or § 19a may only be issued if there is a concrete job offer and if a professional training permit has been issued or has been granted, to the extent that it is required. (6) The grant or extension of a residence permit referred to in paragraph 2, § 19 or § 19a, which shall be based on This law, a legal regulation or an intergovernmental agreement does not require the consent of the Federal Employment Agency, can be denied if there is a case for failure to act in the case of employees subject to approval. would entitle the consent in accordance with Section 40 (2) (3). Unofficial table of contents

Section 18a Residence permit for qualified people to be employed for the purpose of employment

(1) A resident foreigner may be granted a residence permit for the exercise of a job corresponding to the professional qualification if the Federal Employment Agency has agreed to work pursuant to section 39 and if the foreigner
1.
in the federal territory
a)
has completed a qualified vocational training course in a state-recognised or comparable vocational training occupation or a university degree or
b)
a foreign university degree comparable to a German university degree, which has been equivalent to a German university degree, has, for two years, been subject to a continuous degree of employment, or
c)
has been employed for three years without interruption in an occupation which requires qualified vocational training and, within the last year, before applying for a residence permit for his or her livelihood and for his/her livelihood Members of the family or other household members were not dependent on public funds with the exception of benefits to cover the necessary costs of accommodation and heating, and
2.
has sufficient housing,
3.
has sufficient knowledge of the German language,
4.
the immigration authority has not intentionally deceived the circumstances relevant to the conditions of residence,
5.
have not deliberately delayed or obstructed administrative measures for the completion of the stay,
6.
does not have any references to extremist or terrorist organisations and does not support them, and
7.
has not been convicted of an intentional offence committed in the territory of the Federal Republic of Germany, with fines totting up to 50 daily rates or up to 90 daily rates for offences which, according to the Residence Act or the Asylum Procedures Act, only apply to: In principle, foreign nationals may be excluded.
(2) The approval of the Federal Employment Agency pursuant to paragraph 1 shall be decided without preliminary examination pursuant to Article 39 (2) sentence 1 no. 1. The second sentence of Article 18 (2) and (5) applies accordingly. The residence permit entitles employment to any employment after two years of professional qualification. (3) The residence permit may be granted by way of derogation from § 5 (2) and § 10 (3) sentence 1. Unofficial table of contents

§ 18b Right of establishment for graduates of German universities

A foreigner who has successfully completed his studies at a state or state-recognised institution of higher education or comparable training institution in the federal territory shall be granted a settlement permit if:
1.
he has been holding a residence permit in accordance with § § 18, 18a, 19a or § 21 for two years,
2.
he has a job appropriate to his or her degree,
3.
he has made compulsory contributions or voluntary contributions to the statutory pension insurance for at least 24 months, or expenses for a claim to comparable benefits of an insurance or supply institution or a pension scheme, or the insurance undertaking, and
4.
the conditions laid down in Article 9 (2), first sentence, points 2 and 4 to 9 are met; Article 9 (2) sentences 2 to 6 shall apply accordingly.
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§ 18c Residence permit for job search for qualified professionals

(1) A foreigner who has a foreign university degree comparable to a German or a recognised or a German university degree and whose livelihood is secured may obtain a residence permit for the search for a the qualification is to be given adequate work for up to six months. The residence permit shall not be entitled to work. (2) An extension of the residence permit beyond the maximum period referred to in paragraph 1 shall be excluded. A residence permit referred to in paragraph 1 may again be issued only if the foreigner has been staying abroad for at least as long after leaving the country, as he has previously done on the basis of a residence permit referred to in paragraph 1 in the (3) In the case of foreigners who are already in the territory of the Federal Republic of Germany, paragraph 1 shall apply only if it is in possession of a residence permit for the purpose of the residence permit referred to in paragraph 1 immediately before the residence permit is issued. Employment. Unofficial table of contents

§ 19 Right of establishment for highly qualified employees

(1) A highly qualified foreigner may be granted a settlement permit in special cases if the Federal Employment Agency has consented to work in accordance with § 39 or is determined by legal regulation pursuant to § 42 or intergovernmental agreement is that the settlement permit can be granted without the consent of the Federal Employment Agency in accordance with § 39 and the assumption is justified that the integration into the living conditions of the Federal Republic of Germany and the securing of the They are guaranteed to be living without state aid. The State Government may decide that the granting of the settlement permit as set out in the first sentence shall require the approval of the supreme state authority or a body designated by it. (2) High-skilled in accordance with paragraph 1, in particular:
1.
Scientists with special technical knowledge or
2.
Teachers in prominent function or scientific staff in a singled out function.
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Section 19a Blue Card EU

(1) A foreigner shall be a Blue Card EU, in accordance with Council Directive 2009 /50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (OJ L 327, 30.4.2009, p. 17), for the purpose of a qualification appropriate to its qualification, if:
1.
He
a)
a German, a recognised foreign or a foreign university degree comparable to that of a German university degree, or
b)
as far as governed by the legal regulation referred to in paragraph 2, a comparable qualification obtained by at least five years of professional experience,
2.
the Federal Employment Agency has agreed to work in accordance with § 39 or is determined by legal regulation pursuant to § 42 or the intergovernmental agreement that the EU Blue Card can be issued without the consent of the Federal Employment Agency in accordance with § 39, and
3.
it receives a salary at least equal to the amount determined by the regulation referred to in paragraph 2.
(2) The Federal Ministry of Labour and Social Affairs can determine the following by means of a legal regulation:
1.
the level of the salary referred to in paragraph 1 (3);
2.
Professions in which the qualification comparable to a university degree can be demonstrated by at least five years of professional experience, and
3.
Professions in which nationals of certain Member States are failing to issue a Blue Card EU, because there is a shortage of qualified workers in the country of origin in those professions.
Legal regulations according to points 1 and 2 require the approval of the Federal Council. (3) The EU Blue Card is limited to a maximum of four years on the first issue. If the duration of the employment contract is less than four years, the EU Blue Card will be issued or extended for the duration of the employment contract plus three months. (4) For each job change of an EU Blue Card holder, the EU Blue Card shall be included in the (5) A Blue Card EU will not be granted to foreigners, if the conditions laid down in paragraph 1 are met. (5) A Blue Card EU is not granted to foreigners,
1.
which fulfil the conditions laid down in Article 9a (3), point 1 or 2,
2.
which have submitted an application for the determination of the conditions laid down in Article 60 (5) or (7), first sentence, or in accordance with Article 60a (2) sentence 1,
3.
whose entry into a Member State of the European Union is subject to obligations arising from international agreements to facilitate the entry and temporary residence of certain categories of natural persons, and engage in investment-related activities,
4.
authorised in a Member State of the European Union as a seasonal worker,
5.
which are in the possession of a cult according to § 60a,
6.
, which is covered by Directive 96 /71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 327, 30.12.1996, p. 1), for the duration of their posting to Germany, or
7.
which, as a result of agreements between the European Union and its Member States, on the one hand, and third countries, on the other hand, enjoy a right to free movement of persons equivalent to that of Union citizens.
(6) The holder of a Blue Card EU is to be granted a settlement permit if he has been employed in accordance with paragraph 1 for a period of at least 33 months and, for that period, he has made compulsory contributions or voluntary contributions to the legal system. Pension insurance or expenses for a claim to comparable benefits of an insurance or pension institution or an insurance undertaking, and the conditions of § 9 (2) sentence 1 (2), (4) up to 6, 8 and 9 and there is a simple knowledge of the German language . Section 9 (2) sentences 2 to 6 shall apply accordingly. The period after sentence 1 shall be reduced to 21 months if the foreigner has sufficient knowledge of the German language. Unofficial table of contents

§ 20 Research

(1) A foreigner shall be granted a residence permit for the purpose of research, if:
1.
it has concluded an effective admission agreement for the implementation of a research project with a research institution responsible for carrying out the special authorisation procedure for researchers in the federal territory in accordance with Directive 2005 /71/EC of the Council of 12 October 2005 on a special authorisation procedure for third-country nationals for the purpose of scientific research (OJ L 327, 28.12.2005, p EU No 15) is recognised as a special authorisation procedure for researchers in the Federal Republic of Germany, and
2.
the recognised research institution has committed itself in writing to the costs incurred by the public authorities for up to six months after the end of the hosting agreement;
a)
the livelihood of the host during an unauthorised stay in a Member State of the European Union; and
b)
a deportation of the expulsion.
(2) The requirement of paragraph 1 (2) is to be waited if the activities of the research institution are predominantly financed by public funds. It may be waited if there is a particular public interest in the research project. Section 66 (5), section 67 (3) and section 68 (2) sentences 2 and 3 and 4 (4) shall apply mutas to the statements made pursuant to paragraph 1 (2). (3) The research institution may also make the declaration referred to in paragraph 1 (2) with respect to the statements made for its (4) The residence permit shall be issued for a period of at least one year. If the research project is carried out in a shorter period of time, the residence permit shall be limited to the duration of the research project by way of derogation from the first sentence. (5) Foreigners who are entitled to a residence permit from another Member State of the European Union for the purpose of research pursuant to Directive 2005 /71/EC, is to issue a residence permit or a visa to carry out part of the research project in the territory of the Federal Republic of Germany. For a stay of more than three months, the residence permit shall be issued only if the conditions laid down in paragraph 1 are fulfilled. § 9 is not applicable. (6) A residence permit referred to in paragraphs 1 and 5, second sentence, entitles the holder to take up the research activity at the research institution designated in the hosting agreement and to take up activities in teaching. Changes in the research project during the stay do not lead to the omission of this entitlement. A foreigner who satisfies the conditions laid down in the first sentence of paragraph 5 may, for a period of three months, carry out an activity as defined in the first sentence, even without a residence permit, within twelve months. (7) The provisions of paragraphs 1 and 5 shall not apply to: Foreigners,
1.
who reside in a Member State of the European Union, because they are applying for refugee status or for subsidiary protection within the meaning of Directive 2004 /83/EC or for granting international protection in the According to Directive 2011 /95/EU,
2.
who are staying in a Member State of the European Union under a temporary protection regime,
3.
whose deportation has been suspended in a Member State of the European Union for actual or legal reasons,
4.
whose research is part of a doctoral degree, or
5.
posted by a research institution in another Member State of the European Union to a German research institution as an employee.
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Section 21 Self-employed activity

(1) A foreigner may be granted a residence permit for the exercise of self-employed activity if:
1.
there is an economic interest or a regional need,
2.
the activity can be expected to have a positive impact on the economy and
3.
the financing of the implementation is secured by equity capital or by a loan commitment.
The assessment of the conditions set out in the first sentence shall be based, in particular, on the sustainability of the underlying business idea, the entrepreneurial experience of the exporer, the amount of the use of capital, the impact on the Employment and training situation and the contribution to innovation and research. In the course of the examination, the authorities responsible for the place of the planned activities shall be involved, the competent commercial authorities, the public service representatives and the competent authorities responsible for the professional authorisation. (2) A residence permit for the exercise of a self-employed activity can also be granted if there are benefits under international law on the basis of reciprocity. (2a) A foreigner who is studying at a state or state recognised higher education institution or comparable institution in the Federal Republic of Germany , or if the researcher or scientist has a residence permit according to § 18 or § 20, a residence permit may be issued for the exercise of a self-employed activity by way of derogation from paragraph 1. The intended self-employed activity must be linked to the knowledge acquired in higher education or to the activity as a researcher or scientist. (3) Foreigners who are older than 45 years of age shall be entitled to: Residence permits are only granted if they have adequate pension provision. (4) The residence permit shall be valid for a maximum of three years. After three years, by way of derogation from § 9 (2), a settlement permit may be granted if the foreigner has successfully completed the planned activity and the livelihood of the foreigner and his/her with him in family community (5) A foreigner may be granted a residence permit for the purpose of exercising a freelance activity by way of derogation from paragraph 1 of this Article. A required permit for the exercise of the free profession has to be granted or its grant has to be granted. The third sentence of paragraph 1 shall apply accordingly. Paragraph 4 shall not apply. (6) A foreigner who has been granted a residence permit for another purpose or has been granted a residence permit may, while retaining that residence permit, be allowed to carry out a self-employed activity if: has been granted or has been granted in accordance with other provisions.

Section 5
Stay for international, humanitarian or political reasons

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§ 22 Reception from abroad

A foreigner can be granted a residence permit for international or urgent humanitarian reasons. A residence permit shall be issued if the Federal Ministry of the Interior or the body designated by it has declared the admission to the protection of the political interests of the Federal Republic of Germany. In the case of the second sentence, the residence permit entitles the person to take up gainful employment. Unofficial table of contents

§ 23 Residence granted by the supreme state authorities;
Inclusion in the case of particularly stored political interests

(1) The supreme state authority may order, for international or humanitarian reasons or for the protection of political interests of the Federal Republic of Germany, that foreigners from certain states or in any other way certain foreigners ' groups. a residence permit is issued. The order may be made subject to a declaration of commitment pursuant to section 68. The Federal Ministry of the Interior (Federal Ministry of the Interior) may consult the Federal Ministry of the Interior in order to safeguard the interests of the political interests of the Federal Republic of Germany in accordance with the requirements of the Federal Ministry of the Interior. Order with the supreme state authorities that the Federal Office for Migration and Refugees give foreigners from certain states, or in some other way, certain foreign-language groups a receiving commitment. A preliminary procedure in accordance with Section 68 of the Administrative Court of Justice does not take place. A residence permit or a permanent residence permit must be issued to the foreigners concerned, in accordance with the admission requirements. The settlement permit may be provided with a residence-limited edition. The residence permit entitles the person to pursue gainful employment. (3) The order may stipulate that § 24 shall apply in whole or in part. Unofficial table of contents

Section 23a Residence granted in hardship cases

(1) The supreme state authority may order that a foreigner who is fully liable to leave the country may, by way of derogation from the conditions of obtaining and extending the residence permit as defined in this law, as well as the conditions of § § 10 and 11 a residence permit is issued if a hardship committee set up by the Land Government by means of a decree on the law of the country is requested (request for hardship). The arrangement can be made in the individual case, taking into account the circumstances, whether the livelihood of the outlander is secured or a declaration of commitment is made according to § 68. The acceptance of a hardship case is generally ruled out if the foreigner has committed criminal offences of considerable weight. The power to residency is solely in the public interest and does not justify its own rights. (2) The national governments are authorized to issue a commission of hardship pursuant to paragraph 1 by means of a legal regulation. to establish the procedure, grounds for exclusion and qualified requirements for a declaration of commitment referred to in the second sentence of paragraph 1, including the conditions to be met by the undertaking, and the power to be held in accordance with the provisions of paragraph 1 1 sentence 1 to be transferred to other places. The Hardship Commissions are active exclusively in the course of self-determination. Third parties cannot demand that a hardship commission deal with a particular case or make a specific decision. The decision for a case of hardship requires that, according to the findings of the Commission for Hardship, urgent humanitarian or personal reasons justify the further presence of the expat in the federal territory. (3) A foreigner in need of social assistance, who has been granted a residence permit in accordance with paragraph 1, is the responsibility of another service provider, is the institution of social assistance under whose responsibility a aliens authority is responsible for the Residence permit has been granted, for a period not exceeding three years from the date of issue of the Residence permit to the now responsible local institution of social assistance for the reimbursement of expenses. This shall apply in accordance with the benefits for safeguarding the subsisting of persons mentioned in Section 6 (1) sentence 1, second sentence, of the Second Book of Social Code. Unofficial table of contents

Section 24 Residence grant for temporary protection

(1) A foreigner who is granted temporary protection pursuant to Directive 2001 /55/EC on the basis of a decision of the Council of the European Union and who has declared his readiness to be admitted to the territory of the Federal Republic of Germany shall be subject to the following: Articles 4 and 6 of the Directive give a residence permit for temporary protection. (2) The granting of temporary protection is excluded if the conditions of § 3 (2) of the Asylum Procedure Act or § § 3 (2) of the Asylum Procedures Act or the § § 3 (2) of the German Act on Asylum Procedures are fulfilled. 60 (8) sentence 1; the residence permit is to be refused. (3) The foreigners as referred to in paragraph 1, shall be distributed among the countries. The countries may agree on quotas for admission to temporary protection and distribution. The distribution to the countries is carried out by the Federal Office for Migration and Refugees. As long as the countries have not agreed a different key for the distribution, the key set for the distribution of asylum seekers shall be valid. (4) The supreme state authority or the body designated by it shall issue an assignment decision. The state governments are authorized to regulate the distribution within the Länder by means of a decree law, they may transfer the authorization to other bodies by means of a decree law; § 50 (4) of the Asylum Procedures Act shall apply accordingly. Application. There is no objection to the allocation decision. The action does not have suspensive effect. (5) The foreigner has no right to reside in a particular country or place. He shall take his place of residence and his habitual residence in the place to which he has been assigned in accordance with paragraphs 3 and 4. (6) The exercise of self-employment shall not be excluded. § 4 para. 2. (7) The foreigner is informed in writing about the rights and duties associated with the temporary protection in a language which he/she understands. Unofficial table of contents

§ 25 Residence for humanitarian reasons

(1) A foreigner shall be granted a residence permit if he is recognised as an asylum seeker. This shall not apply if the foreigner has been expelled for serious reasons of public security and public order. Until the residence permit is issued, the stay shall be deemed to be permitted. The residence permit entitles a foreigner to pursue gainful employment. (2) A residence permit shall be issued to a foreigner if the Federal Office for Migration and Refugees has the refugee status within the meaning of Article 3 (1) of the Asylum procedure law or subsidiary protection within the meaning of Section 4 (1) of the Asylum Procedure Act. (3) A residence permit shall be issued to a foreigner if there is a prohibition of deportation in accordance with § 60 (5) or (7). The residence permit shall not be issued if the departure to another State is possible and reasonable, the foreigner repeatedly or grossly violates corresponding duties of cooperation or justifies serious reasons for the acceptance, that the foreigner
1.
has committed a crime against peace, a war crime or a crime against humanity within the meaning of the international treaties which have been drawn up in order to lay down provisions relating to such crimes;
2.
has committed a criminal offence of significant importance,
3.
Have committed acts which are contrary to the purposes and principles of the United Nations as enshrined in the Preamble and Articles 1 and 2 of the Charter of the United Nations, or
4.
a danger to the general public or a danger to the security of the Federal Republic of Germany.
(4) Non-enforceable foreign nationals may be granted a residence permit for a temporary stay, as long as urgent humanitarian or personal reasons or substantial public interests are temporarily suspended further presence in the federal territory. A residence permit may be extended by way of derogation from § 8 (1) and (2) if, on account of special circumstances of the individual case, leaving the Federal territory would mean an exceptional hardship for the foreigner. (4a) A foreigner who By way of derogation from Section 11 (1), even if he/she is subject to an obligation to travel, a residence permit may be issued for a temporary stay in accordance with § § 232, 233 or § 233a of the Criminal Code. The residence permit may only be granted if:
1.
its temporary presence in the territory of the Federal Republic of Germany for criminal proceedings is considered appropriate by the Public Prosecutor's Office or the Criminal Court for this offence, because without its information the investigation of the facts would be made more difficult,
2.
it has broken off any connection to the persons accused of committing the offence, and
3.
he has declared his willingness to testify as a witness in the criminal proceedings for the offence.
(4b) By way of derogation from Article 11 (1), a foreigner who has been a victim of a criminal offence pursuant to § 10 (1) or § 11 (1) (3) of the Black Labour Control Act or under Section 15a of the Employees ' Admission Act may, even if he is enforceable , for a temporary stay, a residence permit is issued. The residence permit may only be granted if:
1.
the temporary presence of the expat in the territory of the Federal Republic of Germany for criminal proceedings is considered appropriate by the Public Prosecutor's Office or the Criminal Court for this offence, because without his information the investigation of the facts is made more difficult and would be
2.
the foreigner has declared his willingness to testify in the criminal proceedings for the offence as a witness.
The residence permit may be extended if the foreigner has not yet completed the payment of the allowance on the part of the employer and if it would constitute a special hardship for the foreigner, his entitlement to remuneration may be extended. (5) By way of derogation from § 11 (1), a residence permit may be issued to a foreigner who is fully liable to leave the country, if his/her departure is impossible for legal or actual reasons and if he/she does not have the right to leave the country. of the obstacles to exit is not to be expected in the foreseeable future. The residence permit is to be issued if the deportation has been suspended for 18 months. A residence permit may only be issued if the foreigner is not indebted to leaving the country. In particular, a fault of the exporter is to be found if it makes false statements or if it is deceiving about its identity or nationality or fails to meet reasonable requirements for the elimination of the obstacles to exit. Unofficial table of contents

Section 25a Residence permit for well-integrated young people and adolescents

(1) A patient born in Germany who was born in Germany or before the completion of the 14. A residence permit may be issued if a residence permit is issued if:
1.
he has been allowed, tolerated, or with a residence permit in the federal territory for six years,
2.
he has successfully attended a school in the Federal Republic of Germany for six years, or has obtained a recognised school or professional qualification in Germany, and
3.
the application for a residence permit after the completion of the 15. and before the completion of the 21. of which is made life year,
provided that it is guaranteed that it can fit into the living conditions of the Federal Republic of Germany on the basis of its previous training and living conditions. As long as the young person or the adolescent is in a school or vocational training or a university degree, the use of public services to ensure his/her own livelihood shall be granted the residence permit shall not be issued. The issue of a residence permit shall be refused if the deportation is suspended on the grounds of his/her own false information or because of his/her deception on his/her identity or nationality. (2) The parent or one alone the parent of an underage who has a residence permit as referred to in paragraph 1 may be granted a residence permit if:
1.
the deportation is not prevented or delayed on the basis of false information or due to deception on identity or nationality or, in the absence of reasonable requirements, for the elimination of exit obstacles; and
2.
the livelihood is secured independently by gainful employment.
Minor children of a foreign country who has a residence permit in accordance with the first sentence can be granted a residence permit if they are living with him in a family life community. (3) The granting of a residence permit as referred to in paragraph 2 is excluded if the foreigner has been convicted of an intentional offence committed in the territory of the Federal Republic of Germany, with fines totting up to 50 daily rates or up to 90 daily rates for offences covered by this law or by the Asylum procedure law can only be committed by foreigners, in principle shall be disregarded. Unofficial table of contents

§ 26 Duration of stay

(1) The residence permit referred to in this section may be granted and extended for a maximum of three years, but in the cases of § 25 (4) sentence 1 and (5), however, for a maximum of six months, as long as the foreigner does not yet have at least 18 months lawfully held in the federal territory. Asylum seekers and foreigners who have been granted refugee status within the meaning of Article 3 (1) of the Asylum Procedure Act shall be granted the residence permit for three years. Eligible for subsidiary protection within the meaning of § 4 (1) of the Asylum Procedures Act will be granted a residence permit for one year, in the case of an extension for two more years. Foreigners who fulfil the requirements of § 25 (3) shall be granted the residence permit for at least one year. The residence permits referred to in § 25 (4a) and (4b) shall be granted and extended for six months in each case; in justified cases, a longer period of validity shall be permitted. (2) The residence permit shall not be extended if the (3) A foreigner who has been granted a residence permit pursuant to Article 25 (1) or (2) sentence 1 of the first alternative for three years is a foreigner who has been granted a residence permit in accordance with Article 25 (1) or (2) first sentence. The Federal Office for Migration and Refugees (Bundesamt für Migration und Refugee) shall issue a settlement permit in accordance with section 73 2a of the Asylum Procedures Act has indicated that the conditions for revocation or withdrawal are not available. (4) Moreover, a foreigner who has been granted a residence permit after this period for seven years may be granted a The right of establishment shall be granted if the conditions referred to in Article 9 (2), first sentence, nos. 2 to 9 are fulfilled. Section 9 (2) sentences 2 to 6 shall apply accordingly. By way of derogation from Section 55 (3) of the Asylum Procedures Act, the residence time of the asylum procedure preceding the issue of the residence permit shall be credited to the time limit. For children who are before the completion of the 18. If they entered Germany, § 35 may be applied accordingly.

Section 6
Residence for family reasons

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§ 27 Principle of family reunification

(1) The residence permit for the production and maintenance of the family life community in the Federal territory for foreign family members (family retreat) is granted for the protection of marriage and family pursuant to Article 6 of the Basic Law and (1a) A family retreat shall not be allowed if:
1.
Where it is established that the marriage or the relationship of relationship has been concluded or established solely for the purpose of enabling the after-person to enter and stay in the territory of the Federal Republic, or
2.
the actual evidence justifies the assumption that one of the spouses has been coerced for the purpose of committing the marriage.
(2) Paragraphs 1a and 3, § 9 (3), § 9c sentence 2, § § 28 to 31 and 51 (2) shall apply to the production and maintenance of a life-partnership community in the Federal territory. (3) The granting of a residence permit to the The purpose of family reunification can be denied if the person to whom the family retreat takes place for the maintenance of other family members or other household members on benefits under the Second or Twelfth Book of Social Law is dependent. (4) A residence permit for the purpose of family reunification may not be issued for the period of validity of the residence permit of the expo to which the family retreat takes place. It is to be granted for this period if the foreigner to which the family retreat takes place has a residence permit pursuant to § 20, § 38a or a Blue Card EU. However, the residence permit may no longer be considered to be the passport or the passport of the family member. In addition, the residence permit must be granted for the first time for at least one year. (5) The residence permit according to this section entitles the person to pursue a professional activity. Unofficial table of contents

§ 28 Family retreat to Germans

(1) The residence permit shall be the foreign
1.
Spouses of a German,
2.
underage-aged child of a German,
3.
Parent of an under-age leach German for the exercise of personensorge
, if the German has his habitual residence in the Federal Republic. By way of derogation from Article 5 (1) (1), it must be granted in the cases of the first sentence of sentence 1, no. 2 and 3. As a general rule, it is to be granted in the cases of the first sentence of sentence 1, no. 1, by way of derogation from § 5 (1) (1). By way of derogation from § 5 (1) (1), it may be granted to the parent of an underage-based German who is not entitled to the right of staff, if the family community is already living in the Federal territory. Article 30 (1), first sentence, no. 1 and 2, sentence 3 and paragraph 2, first sentence, shall apply in the cases of the first sentence of sentence 1. (2) The foreigner shall normally be granted a settlement permit if he has three years in possession of a residence permit. , the familial living community with the German in the federal territory is not available, there is no expulsion reason and he has sufficient knowledge of the German language. Section 9 (2) sentences 2 to 5 shall apply accordingly. In addition, the residence permit shall be extended as long as the family of the family continues. (3) § § 31 and 34 shall apply with the proviso that the habitual residence of the country of residence shall be replaced by the residence permit of the expo. German in the Federal Republic of Germany. The residence permit issued to one of the parents of a German minor for the exercise of the person's order is to be extended even after the child has entered the age of majority, as long as the child lives with him in a family life-community. and the child is in a training course leading to a recognised school or vocational qualification or a university degree. (4) Other members of the family shall be subject to § 36 corresponding application. (5) (omitted) Unofficial table of contents

§ 29 Family retreat to foreigners

(1) For the family retreat to a foreigner,
1.
the foreigner has a permanent residence permit, a permit for a permanent residence-EU, a residence permit or a Blue Card EU, and
2.
sufficient living space is available.
(2) In the case of the spouse and the minor minor child of an expo who has a residence permit pursuant to section 25 (1) or (2) or a settlement permit in accordance with section 26 (3), the conditions of § 5 (1) (1) and (2) of the Paragraph 1 (2) shall be waited. In the cases of the first sentence, these conditions shall be met if:
1.
the application for a residence permit required in the course of the family reunification is lodged within three months of unquestionable recognition as an asylum-seeker or an indisputable granting of refugee status; and
2.
the establishment of the family community in a Member State which is not a Member State of the European Union and to which the foreigner or his/her family members have a special bond, is not possible.
The time limit laid down in the second sentence of sentence 2 shall also be protected by the timely application of the expo. (3) The residence permit may be granted to the spouse and to the minor child of an applicant who is entitled to a residence permit in accordance with § § 22, 23 (1) or § 25 (2), second sentence, second alternative or paragraph 3 shall be granted only for international or humanitarian reasons or to safeguard the political interests of the Federal Republic of Germany. Section 26 (4) shall apply accordingly. A family retreat is not granted in the cases of § 25 (4) to (5), § 25a (1) and (2), § 104a (1) sentence 1 and § 104b. (4) The residence permit shall be granted to the spouse and to the minor's minor child of an expat or the minor By way of derogation from § 5 (1) and Section 27 (3), the child of his/her spouse shall be granted if the foreigner has been granted temporary protection in accordance with Section 24 (1) and
1.
the family life community in the country of origin has been lifted by the escape situation and
2.
the family member of another Member State of the European Union is taken over or is outside the European Union and is in need of protection.
The granting of a residence permit to other family members of an foreigners who was granted temporary protection in accordance with section 24 (1) is governed by § 36. The members of the family admitted under this paragraph shall apply to § 24 (5) (omitted) Unofficial table of contents

§ 30 Marriage of the spouse

(1) A residence permit shall be issued to the spouse of an exporter, if:
1.
both spouses the 18. have completed their life year,
2.
the spouse, at least in a simple way, can communicate in the German language and
3.
the foreigner
a)
has a settlement permit,
b)
a permit for permanent residence-EU,
c)
has a residence permit according to § 20 or § 25 (1) or (2),
d)
has been granted a residence permit for two years and the residence permit is not accompanied by a secondary provision in accordance with § 8 para. 2 or the later issue of a settlement permit is not excluded on the basis of a legal standard,
e)
has a residence permit, the marriage has already existed when it is issued and the duration of his stay in the Federal territory is expected to be over one year,
f)
has a residence permit according to § 38a and has already existed in the Member State of the European Union in which the foreigner holds the status of long-term resident, or
g)
a Blue Card EU.
In the case of a residence permit, the first and second of the first and second sentence of the first subparagraph shall be inconuted if:
1.
the foreigner holds a residence permit in accordance with § § 19 to 21 and the marriage already existed when he moved his grocery point to the federal territory,
2.
the foreigner was a holder of a residence permit in accordance with § 20 immediately before the issue of a settlement permit or a permit for permanent residence-EU
3.
the conditions set out in the first sentence of paragraph 3 (f).
Sentence 1 (2) is not applicable to the issue of residence permits if:
1.
the foreigner holds a residence permit pursuant to section 25 (1) or (2) or § 26 (3) and the marriage already existed, when the foreigner moved his food item to the federal territory,
2.
the spouse is not in a position to demonstrate simple knowledge of the German language due to a physical, mental or mental illness or disability,
3.
in the case of the spouse, there is a discernable need for integration in the sense of a legal regulation adopted pursuant to section 43 (4), or for other reasons after entry, the spouse would not have the right to participate in the integration course according to § 44,
4.
the foreigner is also allowed to enter and reside in the territory of the Federal Republic for a stay that is not a short stay, because of his/her nationality, or
5.
the foreigner is in possession of a Blue Card EU.
(2) The residence permit may be granted in derogation from the first sentence of the first sentence of paragraph 1, in order to avoid a specific hardship. If the foreigner has a residence permit, the other requirements of the first sentence of the first sentence of paragraph 1 (3) may be waiver. (3) The residence permit may be extended by way of derogation from § 5 (1) (1) (1) and (1) (2) (2), (4) If a foreigner is married to several spouses at the same time and he lives together with a spouse in the territory of the Federal Republic of Germany, no other spouse will be granted a residence permit under paragraph 1 or paragraph 3. Unofficial table of contents

Section 31 Stand-by right of the spouses

(1) The residence permit of the spouse shall be extended for one year in the case of the annulment of the marital life community as an independent right of residence, independent of the purpose of the family reunification, if:
1.
the married life community has been lawfully in the federal territory for at least three years, or
2.
the foreigner has died while the marijuly life community was in the federal territory
and the foreigner was in possession of a residence permit, a residence permit or a permit to stay in the EU until then, unless he could not apply for the extension in time for reasons which he had not been able to do. Sentence 1 shall not apply if the residence permit of the foreigner is not extended or if the foreigner cannot be granted a permanent residence permit or a permit for permanent residence-EU because this is due to a legal standard because of the purpose of the 2) From the condition of the three-year legal status of the marital community in the federal territory of the Federal Republic of Germany pursuant to the first sentence of the first sentence of paragraph 1, it is excluded from the condition of the to the extent that it is necessary to avoid a particular hardship, to the Spouse to allow for further residence, unless the extension of the residence permit is excluded for the foreigner. A particular hardship shall be found in particular where the spouse threatens to have a significant adverse effect on his or her interests due to the return obligation arising from the dissolution of the marital life community or if the spouse is in view of the impairment of his or her interests which are worthy of protection, the continued detention of the marital community is unreasonable; this is to be assumed, in particular, if the spouse is a victim of domestic violence. One of the most vulnerable concerns is the welfare of a child living with the spouse in a family life community. In order to avoid abuse, the extension of the residence permit may be refused if the spouse is dependent on benefits under the Second or Twelfth Book of Social Code from a reason for which the spouse is responsible. (3) If the spouse is responsible for the The life of the spouse after the end of the marital life of the spouse is secured by maintenance from his own resources and the person has a permanent residence permit or a permit to stay in the EU. By way of derogation from Article 9 (2), first sentence, no. 3, 5 and 6, also a (4) The use of benefits under the Second or Twelfth Book of the Social Code shall not preclude the extension of the residence permit without prejudice to the fourth sentence of paragraph 2. After that, the residence permit can be extended as long as the conditions for granting the permanent residence permit or permission for permanent residence-EU are not available. Unofficial table of contents

§ 32 Children's retreat

(1) A residence permit shall be issued to the minor's minor child of an expo if both parents or the parent alone, which is entitled to the right to a person, have a residence permit, a Blue Card EU, a settlement permit or a residence permit. Have permission to stay in the EU. (2) If the child is a minor, the child is already 16 years old. It shall not be completed and transferred to the territory of the Federal Republic of Germany together with his or her parents or the parent who is solely entitled to a personal or personal capacity, paragraph 1 shall apply only if the German language is controlled or guaranteed appears to be able to fit into the living conditions in the Federal Republic of Germany as a result of his previous training and living conditions. Sentence 1 shall not apply if:
1.
the foreigner holds a residence permit pursuant to section 25 (1) or (2) or a settlement permit in accordance with § 26 (3), or
2.
the foreigner or his/her spouse living with him in a family life community has a residence permit according to § 19 or a Blue Card EU.
(3) In the case of joint custody, a residence permit referred to in paragraphs 1 and 2 shall also be issued for the purpose of retreating to a parent who is entitled to care if the other parent is to agree to the child's stay in the Federal Republic of Germany. (4) In addition, a residence permit may be issued to the minor child of an expo if it is based on the circumstances of the A single case is required to avoid a special hardness. The child's welfare and the family situation must be taken into account. Unofficial table of contents

Section 33 Birth of a child in the federal territory

By way of derogation from § § 5 and 29 (1) no. 2, a child born in the territory of the Federal Republic of Germany may be granted a residence permit if a parent has a residence permit, a settlement permit or a permit to be granted a residence permit. Permanent residence-EU possesses. If, at the time of birth, both parents or the parent alone are entitled to a residence permit, a settlement permit or a permit to stay in the EU, the child born in the territory of the Federal Republic of Germany will be the Residence permit issued by the Office of the Office. The residence of a child born in the territory of the Federal Republic, whose mother or father is in possession of a visa at the time of the birth or is entitled to stay in a visa-free period, shall be deemed to be valid until the end of the visa or the legal visa-free stay as a allowed. Unofficial table of contents

Section 34 Residence rights of children

(1) The residence permit issued to a child shall be extended by way of derogation from § 5 (1) (1) and (29) (1) (2), as long as a parent with a right to a person or a parent is entitled to a residence permit, a settlement permit or a permit to Permanent residence-EU possesses and the child lives with him in a family life-community or the child would have a return right according to § 37 in the case of his departure. (2) With the entry of the majority, the residence permit issued to a child shall be granted an independent right of residence independent of the family retreat. The same applies to the granting of a permanent residence permit and permission to permanent residence-EU or if the residence permit is extended in the appropriate application of § 37. (3) The residence permit can be extended as long as the residence permit is extended. the conditions for obtaining the right of establishment and the permit for permanent residence-EU have not yet been met. Unofficial table of contents

Section 35 Stand-by right of residence of the children

(1) By way of derogation from § 9 (2), an underage foreigner who has a residence permit under this section shall be entitled to a settlement permit if he/she is in possession of a residence permit at the time of completion of his 16. for five years has been in possession of a residence permit. The same shall apply where:
1.
the foreigner has been in possession of the residence permit for the last five years,
2.
he has sufficient knowledge of the German language and
3.
his/her livelihood is secured or he is in a training course leading to a recognised school or professional education degree or a university degree.
(2) The duration of the possession of the residence permit as required by paragraph 1 shall not, as a rule, be counted as periods in which the foreigner visited the school outside the territory of the Federal Republic. (3) An entitlement to a grant of a residence permit shall not be counted as a rule. The right of establishment referred to in paragraph 1 shall not exist if:
1.
there is a reason for expulsion based on the personal conduct of the outlander,
2.
the foreigner has been sentenced to a juvenile sentence of at least six or one imprisonment of at least three months or a fine of at least 90 daily rates over the last three years for an intentional offence, or if: the imposition of a juvenile penalty shall be suspended, or
3.
the livelihood is not secured without the use of benefits according to the Second or Twelfth Book of Social Code or Youth Aid according to the Eighth Book Social Code, unless the foreigner is in an education that is a recognised school or vocational education qualification.
In the cases of sentence 1, the settlement permit may be granted or the residence permit may be renewed. If, in the case of the first sentence of sentence 1 (2), the sentence of youth or imprisonment is suspended or suspended, the residence permit shall, as a rule, be extended until the expiry of the period of probation. (4) From the second sentence of paragraph 1, second sentence, No. 2 and 3 and 3, first sentence, point 3, shall be subject to the conditions laid down if they cannot be fulfilled by the foreigner on account of a physical, mental or mental illness or disability. Unofficial table of contents

§ 36 Parents of parents and other family members

(1) By way of derogation from § 5 (1) (1) and § 29 (1) no. 2, the parents of an underage member who has a residence permit pursuant to section 25 (1) or (2) or a settlement permit in accordance with section 26 (3) shall be granted a residence permit. (2) If you are a member of the family of a member of the family, a residence permit can be issued for the family retreat if it is necessary to avoid an exceptional person Hardness is required. § 30 (3) and § 31 of the family members of the family are to be applied according to § 34 (§ 34), which is to be applied to minors.

Section 7
Special residence rights

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Section 37 Right to return

(1) A foreigner who, as a minor, legally had his habitual residence in the territory of the Federal Republic of Germany, must be granted a residence permit if:
1.
the foreigner has resided legally in the federal territory for eight years and visited a school for six years in the Federal Republic of Germany,
2.
is secured by a third party for a period of five years, or by a maintenance obligation which has taken over a third party for a period of five years, and
3.
the application for a residence permit after the completion of the 15. and before the completion of the 21. It has been submitted for a period of five years before the end of the year.
The residence permit entitles the person to take up gainful employment. (2) In order to avoid a special hardship, the conditions referred to in the first sentence of paragraph 1 (1) (1) and (3) may be dismissed. The conditions referred to in the first sentence of the first sentence of paragraph 1 may be waited if the foreigner has acquired a recognised qualification in the territory of the Federal Republic of Germany. (2a) The conditions referred to in the first sentence of the first sentence of paragraph 1 (1) to (3) may be met. shall be dismissed if the foreigner is unlawful by force or threat with a sensitive evil to commit the marriage and has been held from returning to Germany, he shall apply for the issue of a residence permit within three months after the expiry of the compulsory situation, but at the latest before the end of five years since the exit, and it appears to be guaranteed that it can fit into the living conditions of the Federal Republic of Germany on the basis of his previous training and living conditions. If the foreigner fulfils the conditions laid down in the first sentence of the first subparagraph of paragraph 1, he shall be granted a residence permit if he or she is unlawful by force or threat with a sensitive evil to commit the marriage and from the return. has been held in Germany and he has submitted the application for a residence permit within three months of the expiry of the compulsory situation, but no later than ten years since the departure. Paragraph 2 shall remain unaffected. (3) The granting of a residence permit may be refused,
1.
if the foreigner had been expelled or could be expelled, when he left the federal territory,
2.
if there is a reason for expulsion, or
3.
as long as the foreigner is underage and his personal care in the federal territory is not guaranteed.
(4) The extension of the residence permit shall not prevent the subsisting of the living from being paid out of his/her own gainful employment or the maintenance obligation for the five-year period. (5) A foreigner who is a member of the As a rule, a residence permit shall be issued if he/she has been legally resident in the Federal Republic of Germany for at least eight years prior to leaving the country. Unofficial table of contents

§ 38 Residence permit for former Germans

(1) A former German
1.
grant a settlement permit if he had his habitual residence in the territory of Germany for five years in the event of a loss of German nationality,
2.
to issue a residence permit if he has had his habitual residence in the Federal Republic of Germany for at least one year in the event of a loss of German nationality.
The application for a residence permit as set out in the first sentence shall be submitted within six months of the knowledge of the loss of German nationality. § 81 (3) applies accordingly. (2) A residence permit can be issued to a former German who has his habitual residence abroad if he has sufficient knowledge of the German language. (3) In special cases the residence permit referred to in paragraph 1 or 2 may be granted by way of derogation from § 5. (4) The residence permit referred to in paragraph 1 or 2 shall be entitled to take up gainful employment. The exercise of an employment is permitted within the period of application of the second sentence of paragraph 1 and, in the case of the application, up to the decision of the Foreigners Authority on the application. (5) The provisions of paragraphs 1 to 4 shall apply to an application Foreigners who have so far been treated as German by German authorities from a reason not to be defended by him. Unofficial table of contents

§ 38a Residence permit for long-term residents in other Member States of the European Union

(1) A foreigner who has a long-term resident status in another Member State of the European Union shall be granted a residence permit if he is staying in the Federal Republic for more than three months will. Section 8 (2) shall not apply. (2) Paragraph 1 shall not apply to foreigners who:
1.
posted by a service provider in the context of a cross-border service provision,
2.
want to provide cross-border services, or
3.
in the case of employment as seasonal workers in the Federal Republic of Germany, or who wish to take up an activity as a frontier worker in the Federal Republic of Germany.
(3) The residence permit entitles the Federal Employment Agency to pursue employment if the Federal Employment Agency has agreed to the exercise of employment pursuant to Article 39 (2) or by means of a legal regulation pursuant to Section 42 or by an intergovernmental agreement , it is determined that the exercise of employment is admissible without the consent of the Federal Employment Agency. The residence permit entitles the person to carry out a self-employed activity if the conditions laid down in § 21 are fulfilled. If the residence permit referred to in paragraph 1 is granted for studies or for other training purposes, the provisions of Sections 16 and 17 shall apply accordingly. In the cases of § 17, the residence permit shall be issued without the consent of the Federal Employment Agency. (4) A residence permit issued in accordance with paragraph 1 may only be provided for a maximum of twelve months with a secondary provision in accordance with section 39 (4). The period referred to in the first sentence shall begin with the initial authorisation of an employment in the issue of the residence permit referred to in paragraph 1. After the end of this period, the residence permit entitles the person to pursue a professional activity.

Section 8
Participation of the Federal Employment Agency

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Section 39 Assent for the employment of foreigners

(1) A residence permit which allows a foreigner to pursue an occupation may only be issued with the consent of the Federal Employment Agency, unless otherwise specified by the legal regulation. Approval may be granted if this is determined in intergovernmental agreements, by a law or by means of a decree law. (2) The Federal Employment Agency may grant a residence permit for the exercise of employment. in accordance with § 18 or a Blue Card EU in accordance with § 19a, if:
1.
a)
the employment of foreigners does not result in adverse effects on the labour market, in particular as regards the structure of employment, the regions and the economic sectors, and
b)
for the employment of German workers as well as foreign nationals who are legally equivalent to them as regards employment, or other aliens who are entitled to priority access to the labour market in accordance with the law of the European Union have not been available, or
2.
it has determined, by examination in accordance with the first sentence of point 1 (1) (a) and (b) for individual occupational groups or for individual sectors of the economy, that the occupation of vacancies with foreign applicants is responsible for labour market and integration policy is,
and the foreigner is not employed in less favourable working conditions than comparable German workers. In the case of employment, German workers and these equal aliens are also available if they can only be mediated with the support of the Agency for Work. The employer, in which a foreigner is to be employed, who requires his/her consent, must provide the Federal Employment Agency with information on pay, working hours and other working conditions. (3) Paragraph 2 shall also apply if: For other purposes, according to sections 3, 5 or 7, the Federal Employment Agency is required to obtain the consent of the Federal Employment Agency. (4) The consent may determine the duration and the professional activity, and the (5) The Federal Employment Agency (Bundesagentur für Arbeit) may agree to the granting of a settlement permit in accordance with section 19 if the employment of the host does not result in adverse effects on the labour market. (6) nationals of those States which are subject to the provisions of the Treaty of 9. December 2011 on the accession of the Republic of Croatia to the European Union (BGBl. 586) of the European Union, the Federal Employment Agency may, under the conditions laid down in paragraph 2, allow employment which requires qualified vocational training to be subject to the conditions set out in paragraph 2 of this Article. Contracts shall apply to derogations from the legislation of the European Union. They shall be given priority over nationals of third countries who are to be employed for the purpose of employment. Unofficial table of contents

§ 40 Reasons for the Say

(1) The consent in accordance with § 39 shall be refused if:
1.
the employment relationship has been established on the basis of an illicit work placement or recruitment; or
2.
the foreigner wants to act as a temporary agency worker (Section 1 (1) of the Employees ' Admission Act).
(2) The consent may be denied if:
1.
the foreigner violates § 404 (1) or 2 (2) to (13) of the Third Book of the Social Code, § § 10, 10a or § 11 of the Schwarzarbeitsfighting Act or § § 15, 15a or § 16 (1) no. 2 of the Employees ' Admission Act in a culpable way ,
2.
are important reasons in the person of the expo, or
3.
the employment is to be carried out by an employer who, in accordance with the statutes or the law, is entitled to represent a representative within the last five years on account of an infringement of § 404 (1) or (2) (3) of the Third Book of Social Code Legally enforceable with a fine or because of an infringement of § § 10, 10a or 11 of the Schwarzarbeitscombat Act or against § § 15, 15a or 16 (1) (2) of the Employees ' Admission Act in a legally valid way to a money- or deprivation of liberty.
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Section 41 Revocation of consent

The consent can be revoked if the foreigner is employed in less favourable working conditions than comparable German employees (§ 39 para. 2 sentence 1) or the facts of § 40 (1) or (2) are fulfilled. Unofficial table of contents

Section 42 Regulation empowerment and right of instruction

(1) The Federal Ministry of Labour and Social Affairs may, with the consent of the Federal Council, determine the following by means of a regulation:
1.
Employment for which a consent of the Federal Employment Agency (§ 17 sentence 1, § 18 (2) sentence 1, § 19 (1), § 19a (1) (2)) is not required,
2.
Occupational groups in which, in accordance with § 18, an employment of foreign workers can be registered and, if necessary, more detailed conditions for their admission to the German labour market,
3.
Exceptions for nationals of certain States,
4.
activities which, under certain conditions, are not to be regarded as employment for the purposes of the implementation of this law.
(2) The Federal Ministry of Labour and Social Affairs may, without the consent of the Federal Council, determine the following by means of a regulation:
1.
the conditions and the procedure for obtaining the consent of the Federal Employment Agency, and an alternative procedure for the preliminary examination may also be regulated,
2.
details of the time, company, professional and regional restriction of consent pursuant to section 39 (4),
3.
exceptions in which a consent may be granted by way of derogation from section 39 (2),
4.
Employment, for which the Federal Employment Agency's consent is not required pursuant to Article 4 (2) sentence 3,
5.
Cases in which patient foreigners may be admitted to employment by way of derogation from § 4 (3) sentence 1.
(3) The Federal Ministry of Labour and Social Affairs may adopt the Federal Employment Agency for the implementation of the provisions of this Act and of the legal regulations adopted for this purpose and the provisions adopted by the European Union on access on the labour market and the intergovernmental agreements on the employment of workers.

Chapter 3
Integration

Unofficial table of contents

§ 43 Integration Course

(1) The integration of foreigners legally resident in the territory of the Federal Republic of Germany into the economic, cultural and social life of the Federal Republic of Germany is encouraged and called for. (2) Integration efforts of foreigners are supported by a basic offer for integration (integration course). The aim of the integration course is to successfully convey the language, the legal order, the culture and the history in Germany to the foreigners. In this way, foreigners are to be so familiar with the living conditions in the federal territory that they can act independently in all matters of daily life without the help or mediation of third parties. (3) The integration course includes a Basic and advanced language courses of the same duration to obtain sufficient language skills, as well as an orientation course for the teaching of knowledge of the legal system, culture and history in Germany. The integration course is coordinated and implemented by the Federal Office for Migration and Refugees, which can be used for this purpose by private or public institutions. In order to participate in the integration course, costs should be charged to a reasonable extent, taking into account the performance of the system. The Federal Government is authorized to provide further details of the integration course, in particular the basic structure, the duration of the payment, the duration of the payment, the duration of the payment, the duration of the payment. Learning content and the implementation of the courses, the requirements regarding the selection and admission of the course holders as well as the conditions and the framework conditions for the proper and successful participation and their attestation, including the Cost support and the required data transmission between the parties involved The Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge) is responsible for regulating data processing by means of a legal regulation without the consent of the Federal Council. Exceptions to this are the examination and verification modalities of the final tests on the integration courses, which the Federal Ministry of the Interior regulates by means of a legal regulation without the consent of the Bundesrat. (5) (omitted) Unofficial table of contents

§ 44 Permission to participate in an integration course

(1) A foreigner who is permanently resident in the territory of the Federal Republic of Germany shall be entitled to a one-off participation in an integration course if he/she is
1.
for the first time a residence permit
a)
for the purpose of employment (§ § 18, 21),
b)
for the purpose of family reunification (§ § 28, 29, 30, 32, 36),
c)
on humanitarian grounds in accordance with Article 25 (1) or (2),
d)
as long term resident in accordance with § 38a or
2.
a residence permit pursuant to section 23 (2)
is granted. A permanent residence shall normally be assumed if the foreigner receives a residence permit of at least one year, or has a residence permit for more than 18 months, unless the stay is temporary (2) The claim for participation in accordance with paragraph 1 shall expire two years after the granting of the right of residence or the omission of the right of residence. (3) The right to participate in the integration course does not exist,
1.
in the case of children, young people and young adults who take up school education or continue their previous school career in the Federal Republic of Germany,
2.
where there is a clear need for integration,
3.
if the foreigner already has sufficient knowledge of the German language.
The right to participate in the orientation course remains unaffected in the case of the first sentence of sentence 1. (4) A foreigner who does not have or no longer has a right to participate can be admitted to participate in the course of available course places. This rule applies accordingly to German nationals if they do not have sufficient knowledge of the German language and are in need of integration in a particular way. Unofficial table of contents

Section 44a obligation to participate in an integration course

(1) A foreigner is obliged to participate in an integration course if:
1.
it has a right to participate in accordance with section 44; and
a)
cannot at least communicate in a simple way in the German language, or
b)
at the time of issue of a residence permit pursuant to section 23 (2), § 28 (1) sentence 1 (1) (1) or § 30, do not have sufficient knowledge of the German language, or
2.
he receives benefits under the Second Book of Social Code and is provided for participation in the integration course in an integration agreement in accordance with the Second Book of the Social Code, or
3.
it is particularly in need of integration, and the immigration authority calls on it to participate in the integration course.
In the cases referred to in the first sentence of sentence 1, the aliens authority shall, when issuing the residence permit, establish that the foreigner is obliged to participate. In the cases of the first sentence of sentence 1, the foreigner shall also be obliged to take part in the case where the institution of the basic insurance for jobseekers requests him to participate. The institution of the basic insurance for jobseekers shall, in the cases referred to in the first sentence of 1 No.1 and 3, in respect of benefits under the Second Book of the Social Code for the measures referred to in Article 15 of the Second Book of the Social Code of the obligation, shall be made subject to the obligation of the Foreigners ' authority in general following. If the institution of the basic insurance for jobseekers makes a different decision on a case-by-case basis, it must inform the Foreigners ' Office, which is against the obligation to do so. The obligation is to be revoked if a foreigner is not entitled to participate in a part-time course in addition to his/her gainful employment. (1a) The obligation to participate in the first sentence of the first subparagraph of paragraph 1 shall be cancelled, except by withdrawal or withdrawal. Revocation only if the foreigner has participated properly in the integration course. (2) Foreigners are exempt from the obligation to participate,
1.
who are in a vocational or other education in the federal territory,
2.
that demonstrate the participation in comparable educational opportunities in the Federal Republic of Germany, or
3.
whose participation is impossible or unreasonable in the long term.
(2a) The obligation to participate in the orientation course excludes non-nationals who have a residence permit according to § 38a if they prove that they are already in another Member State of the European Union in order to obtain their residence permit. (3) If a foreigner does not comply with his or her obligation to participate, he or she does not successfully complete the final test, he or she dismisses him. the competent immigration authority before the extension of its Residence permit for the possible effects of his/her actions (Section 8 (3), § 9 (2) sentence 1 no. 7 and 8, § 9a (2) sentence 1 (3) and (4) of this Act, § 10 (3) of the Nationality Act). The aliens authority may, by means of the administrative compulsion, stop the foreigner in order to fulfil his obligation to participate. In the event of a breach of the obligation to participate, the estimated cost contribution can also be charged in advance in a sum by means of a notice of fees. Unofficial table of contents

§ 45 Integration programme

The integration course is to be complemented by further integration offers of the federal and state governments, in particular social pedagogical and migration-specific advisory services. The Federal Ministry of the Interior or the body designated by it develops a nationwide integration program, in which in particular the existing integration offers of federal, state, municipal and private institutions for foreigners and It will be established and recommendations for the further development of the integration offers will be presented. In the development of the nationwide integration programme as well as the preparation of information materials on existing integration offers, the Länder, the municipalities and the immigration representatives of the Federal Government, Länder and municipalities as well as the Federal Government Commissioner for Aussiedlerfragen In addition, religious communities, trade unions, employers ' associations, the support of the free administration of welfare and other social interest groups are to be involved.

Chapter 4
Regulatory provisions

Unofficial table of contents

§ 46 Order of order

(1) The aliens authority may take measures to promote the exit to a foreigner who is liable to be enforceable, in particular it may require the foreigner to take the place of residence at a place designated by it. (2) A Foreigners may be prohibited from leaving in the appropriate application of Section 10 (1) and (2) of the Passport Act. In addition, a foreigner may not be allowed to leave the territory of the Federal Republic if he or she wishes to enter another State without being in possession of the documents and permits required for this purpose. The travel ban should be lifted as soon as the reason for its adoption is deleted. Unofficial table of contents

§ 47 Prohibition and restriction of political activity

(1) Foreigners may be politically active within the framework of general legislation. The political activity of a foreign country may be restricted or prohibited as far as it is
1.
political decision-making in the Federal Republic of Germany or the peaceful coexistence of Germans and foreigners, or of various groups of foreigners in the Federal Republic of Germany, public security and order, or other significant the interests of the Federal Republic of Germany, or at risk,
2.
to run counter to foreign policy interests or to the obligations under international law of the Federal Republic of Germany,
3.
is in breach of the legal order of the Federal Republic of Germany, in particular by means of force, or
4.
, it is intended to promote parties, other associations, institutions or aspirations outside the territory of the Federal Republic of Germany whose objectives or means are incompatible with the fundamental values of a state order which is respectfully of the dignity of the human person.
(2) The political activity of a foreign country shall be prohibited in so far as it:
1.
endangers the free democratic basic order or the security of the Federal Republic of Germany or contradicts the codified norms of international law,
2.
Publicly supported, advocated or evoked by the use of force as a means of enforcing political, religious or other concerns, or is appropriate or
3.
Support for associations, political movements or groups within or outside the territory of the Federal Republic of Germany, which in the Federal Republic of Germany attacks against persons or property or outside the territory of the Federal Republic against German or German institutions. , have advocated, advocated or threatened.
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Section 48 Duty of expulsion

(1) A foreigner is obliged to:
1.
his passport, his passport or his identity card; and
2.
his residence permit or a certificate of suspension of deportation
to present, hand over and temporarily leave the authorities responsible for the enforcement of aliens law to the extent that this is necessary to carry out or safeguard measures under this law. (2) A foreigner who has a No passport or certificate can be obtained or obtained in a reasonable manner, the proof of identity shall be sufficient with the certificate of a residence permit or the suspension of the deportation if it is accompanied by the particulars of the person and a photograph (3) The foreigner does not have a valid passport. or, he is obliged to participate in the procurement of the identity document, as well as all documents and other documents relating to the identification of his or her identity and nationality, and for the determination and assertion of the identity document of the identity document. The possibility of repatriation to another State may be of importance and in the possession of which it is to present, hand-out and hand over to the authorities entrusted with the implementation of this law upon request. If the foreigner does not comply with his obligation under sentence 1, and if there are actual indications that he is in possession of such documents, he and the things he has carried along can be searched. The foreigner has to tolerate the measure. (4) According to § 5 (3) or § 33 of the fulfilment of the duty obligation (§ 3 paragraph 1), an identity card is issued. Paragraph 3 shall remain unaffected. Unofficial table of contents

Section 49 Review, identification and safeguarding of identity

(1) The authorities entrusted with the enforcement of this law may, subject to the conditions set out in § 48 (1), the biometric and/or processing medium stored on the electronic storage and processing medium of a document pursuant to § 48 (1) (1) and (2) of the document. read other data, collect the required biometric data from the holder of the document, and compare the biometric data. In addition, all other authorities to which data are transferred from the National Register of Foreigners in accordance with § § 15 to 20 of the AZR Act and the reporting authorities shall also be empowered to take measures in accordance with the first sentence, insofar as they are the authenticity of the document. or the identity of the holder. Biometric data according to the first sentence are only the fingerprints and the photograph. (2) Each foreigner is obliged to provide the necessary information on his age, his or her age at the request of the authorities responsible for the enforcement of the aliens ' law. identity and nationality and the declarations required by the representation of the State of which he is a national or presumably possesses, and in accordance with German law, declarations in the context of the procurement of (3) existence of doubt about the person, the age of life, or the nationality of the exportor, the measures necessary for the determination of his or her identity, age or nationality shall be taken if:
1.
allows the foreigner to enter, to issue a residence permit or to suspend deportation, or
2.
it is necessary for the implementation of other measures under this law.
(4) The identity of a broadcaster must be secured by means of recognition services if a distribution takes place in accordance with § 15a. (5) The necessary measures are to be carried out in order to identify and secure the identity,
1.
if the foreigner wishes to enter or has entered with a counterfeit or falsified passport or a log-in;
2.
if any other evidence justifying the suspicion that the foreigner wishes to return to the territory of the Federal Republic of Germany once again after a refusal or termination of the stay;
3.
in the case of foreigners who are fully liable to travel, provided that the deportation or deportation is taken into consideration;
4.
if the foreigner is refused or rebuffed in a third country referred to in Article 26a (2) of the Asylum Procedures Act;
5.
the application for a national visa;
6.
in the case of the granting of temporary protection in accordance with § 24 and in the cases of § § 23 and 29 (3);
7.
if a reason for failure pursuant to section 5 (4) has been established.
(6) Measures within the meaning of paragraphs 3 to 5, with the exception of paragraph 5 (5), shall include the taking of photographs, the taking of fingerprints, and measurements and similar measures, including physical interventions, by a doctor in accordance with the Rules of medical art for the purpose of determining age are to be carried out if there is no risk to the health of the outlander. The measures are admissible in the case of foreigners who are 14 years old. They have completed their life year; doubts about the completion of the 14. Life-year is at the expense of the expat. In order to establish identity, these measures shall be admissible only if the identity cannot be identified in any other way, in particular by requests from other authorities, or cannot be identified in good time or only with considerable difficulty. (6a) Measures within the meaning of paragraph 5 (5) shall be the taking of photographs and the taking of fingerprints. (7) In order to determine the country of origin or the region of origin of the host, the spoken word of the broadcaster may be sound or Volumes are recorded. This survey may only be carried out if the foreigner has been informed beforehand. (8) The identity of a foreigner, who is the 14. The identity of an outlander, who is the 14-year-old, has been taken up and taken up in connection with the unauthorised entry from a third country and is not rejected by the removal of the prints of all ten fingers. In the case of an application for asylum in a Member State of the Member State of the Federal Republic of Germany, the Member State of the European Union shall be responsible for the application of an application for asylum in a Member State of the Member State of the (10) The foreigner has to tolerate the measures referred to in paragraphs 1 and 3 to 9. Unofficial table of contents

§ 49a FundPaper-Database

(1) The Federal Administrative Office shall carry out a database containing information on the identification documents issued in Germany and issued by foreign public authorities of nationals of those listed in Annex I to Regulation (EC) No 539/2001 (OJ L 145, 31.5.2001, p. 1). EC No 1) are to be stored (database of lost property). The purpose of the storage is to establish the identity or nationality of a member of the country and to enable it to be repatriated at a later date. (2) A document referred to in paragraph 1 has been placed in the possession of a public authority, shall immediately send it to the Federal Administrative Office after the expiry of seven days, provided that:
1.
it does not become aware of the holder's loss or loss of information, or
2.
it does not determine the holder's domestic stay without any doubt, or
3.
the document is not required for the purposes of criminal proceedings or for evidence in other procedures.
In the case of sentence 1 No. 3, the public authority shall send the information contained in the document to the Federal Office of Administration for inclusion in the finds paper database in accordance with § 49b Nr. 1 to 3. Unofficial table of contents

§ 49b Contents of the document database

Only the following data are stored in the file according to § 49a (1):
1.
Information on the owner of the document:
a)
Family name, birth name, first name, spelling of the names according to German law,
b)
birth date and place of birth,
c)
Gender,
d)
nationality,
e)
size,
f)
eye color,
g)
light image,
h)
fingerprints,
2.
Information on the base paper:
a)
Type and number,
b)
Issuing State,
c)
the place and date of the exhibition,
d)
the period of validity,
3.
Further information:
a)
the name of the issuing body,
b)
storage or return information,
4.
All the pages of the document are being read,
5.
The restitution of the evidence of return to the issuing State.

Chapter 5
Termination of stay

Section 1
Justification of the exit obligation

Unofficial table of contents

§ 50 Travel obligation

(1) A foreigner is obliged to leave if he/she does not possess or no longer holds a required residence permit and if a right of residence is not or no longer exists under the Association Agreement between the EEC and Turkey. (2) The foreigner has the (2a) (3) By entering another Member State of the European Union or in another Schengen State, it is sufficient for the applicant to be able to leave the country without delay or if he has set a time limit for the period of time. Foreigners only if they are allowed to enter and stay there. If these conditions are met, the foreigner must be required to enter the territory of that State without delay. (4) A foreigner who has to leave the country who changes his apartment or the district of the aliens authority (5) The passport or duty rate of a foreigner is to be taken into custody until the date of departure. (6) A foreigner can be used for the purpose of the Residency in the police's search assistance Determination of residence and arrest are to be declared if his/her stay is unknown. A expelled, reborn or deported foreigner may be expelled for the purpose of refusing to resign and for the case of the arrival in the territory of the Federal Republic for arrest. For foreigners who have been distributed according to § 15a, § 66 of the Asylum Procedures Act applies accordingly. Unofficial table of contents

Section 51 Termination of the lawfulness of the stay; Continuation of restrictions

(1) The residence permit shall be issued in the following cases:
1.
the expiry of its period of validity,
2.
entry of a resolving condition,
3.
Withdrawal of the residence permit,
4.
Revocation of the residence permit,
5.
Expulsion of the expat,
5a.
Announcement of a deportation order pursuant to section 58a,
6.
if the foreigner travels from one of his nature for non-temporary reasons,
7.
if the foreigner has reached maturity and has not entered again within six months or a longer period of time determined by the aliens authority,
8.
if a foreigner makes an asylum application after issuing a residence permit in accordance with § § 22, 23 or § 25 (3) to (5);
a visa issued for more than three months for a number of entries or for a period of validity of more than three months does not expire in accordance with points 6 and 7. (2) The right of establishment of an exporter who is legally resident in the territory of the Federal Republic of Germany for at least 15 years , as well as the right of establishment of his spouses living with him in matrimonial life, do not extinguish pursuant to paragraph 1 (6) and (7) if their livelihood is secured and no expulsion grounds pursuant to § 54 (5) to (7) or § 55 (2) Nos. 8 to 11. The right of establishment of a foreigners living with a German in a married life-community shall not be issued in accordance with paragraph 1 (6) and (7) if there is no reason for expulsion pursuant to § 54 (5) to (7) or § 55 (2) (8) to (11). In order to prove the continued existence of the settlement permit, the immigration authority shall issue a certificate at the place of the last habitual residence on request. (3) The residence permit shall not be issued in accordance with paragraph 1 (7) if the time limit is limited (4) In accordance with paragraph 1 (7), a longer period of time is usually determined if: (4) The time limit is determined by the time limit of the period of the period of the period of the period of the period of the period of the period of the period of the period of the period of the period of the period of the foreigner wants to leave one of his nature for a temporary reason and a A residence permit or if the stay outside the Federal territory serves the interests of the Federal Republic of Germany. By way of derogation from paragraph 1 (6) and (7), the residence permit of an exporter shall not be issued if he fulfils the conditions laid down in Article 37 (1), first sentence, point 1, unlawful by force or threat with a sensitive evil to be committed to the marriage of marriage (5) The exemption from the requirement of the German Federal Republic of Germany has been carried out and returned to Germany within three months of the disappearance of the compulsory situation, but no later than ten years since the departure. Residence permits are not required if the foreigner is expelled, pushed back or deported; § 11 (6) Spatial and other restrictions and obligations under this and in accordance with other laws shall remain in force even after the residence permit or the suspension of the expulsion has been suspended until such time as they are repealed. (7) In the case of the departure of an asylum seeker or a foreigner, to whom the Federal Office for Migration and Refugees has granted refugee status indisputably, the Residence permit not, as long as he is in possession of a valid, from a German authority Issued travel card for refugees. The Federal Office for Migration and Refugees does not have the right to re-issue a residence permit if the foreigner is recognised as an asylum seeker or the unquestionable granting of refugee status by the Federal Office for Migration and Refugees. has left the federal territory and has transferred responsibility for issuing a travel card for refugees to another state. (8) Prior to the cancellation of a residence permit pursuant to section 38a (1), before a expulsion of a residence permit Foreign nationals who have a residence permit of this kind and who have been issued against him before the order In accordance with § 58a, the competent authority shall inform the Member State of the European Union, in accordance with Section 91c (2) of the procedure, of the Federal Office for Migration and Refugees, in which the foreigner has the legal status of a in the case of long-term residents, the opportunity to express an opinion when the deportation is considered in an area in which this legal status cannot be acquired. Where the opinion of the other Member State is timely, it shall be taken into account by the competent authority. (8a) As far as the authorities of other Schengen States have taken decisions pursuant to Article 34 of Regulation (EC) No 810/2009, which shall be adopted by the competent authority of the Member State in question. The Federal Office for Migration and Refugees (Bundesamt für Migration und Refugees) is responsible for informing foreign authorities of these. The authorities responsible for the police control of cross-border traffic shall inform the authorities of other Schengen States directly of their decisions pursuant to Article 34 of Regulation (EC) No 810 /2009. (9) Permanent residence-EU only listens when
1.
their grant is withdrawn because of deception, threat or bribery;
2.
the foreigner is expelled or a deportation order pursuant to section 58a is announced to him,
3.
the foreigner is staying outside the territory for a period of 12 consecutive months in which the legal status of a long-term resident may be acquired, the period being 24 consecutive months, a foreigner who was previously in possession of a Blue Card EU, and with members of his family who were previously in possession of a residence permit in accordance with § § 30, 32, 33 or 36,
4.
the foreigner stays outside the Federal territory for a period of six years, or
5.
the foreigner acquires the legal status of a long-term resident in another Member State of the European Union.
Paragraphs 2 to 4 shall apply mutatically to the cases referred to in Articles 3 and 4. (10) By way of derogation from paragraph 1, point 7, the time limit for the EU Blue Card and the residence permits in accordance with § § 30, 32, 33 or 36 shall be the same as those laid down in Article 30 (7), Members of the family of a Blue Card holder have been granted the EU twelve months. Unofficial table of contents

Section 52 Revocation

(1) The residence permit referred to in Article 4 (1), second sentence, point 1, second alternative, points 2, 2a, 3 and 4 may be revoked except in the cases referred to in paragraphs 2 to 6 only if:
1.
it does not have a valid passport or passport,
2.
he changes his nationality or loses his nationality,
3.
he has not yet entered,
4.
its recognition as an asylum seeker or his legal status as a refugee or as a subsidiary protégé, or becomes ineffective, or
5.
the immigration authority determines, after issuing a residence permit in accordance with § 25 (3) sentence 1, that:
a)
the conditions set out in § 60 (5) or (7) are not or are no longer available,
b)
the foreigner fulfils one of the grounds for exclusion in accordance with § 25 (3) sentence 2, points 1 to 4, or
c)
in the cases of § 42 sentence 1 of the Asylum Procedures Act, the determination shall be repealed or ineffectated.
In the cases referred to in the first sentence of sentence 1 (4) and (5), the residence permit of the members of the family living with the alien in a family community may also be revoked if they are not entitled to an independent claim to the residence permit. (2) national visa, a residence permit and a Blue Card EU issued for the purpose of employment shall be revoked if the Federal Employment Agency has revoked the consent to the exercise of employment in accordance with Section 41. A national visa and a residence permit which have not been issued for the purpose of employment shall be revoked in the case of the first sentence to the extent that they permit employment. (3) A national visa and a residence permit. (3) A national visa and a residence permit shall be revoked in the case of the sentence 1. may revoke a residence permit if:
1.
the foreigner is engaged in gainful employment without the necessary permit,
2.
the foreigner, taking into account the average duration of study at the relevant university in the respective course of study and his/her individual situation, does not make sufficient progress in studies or
3.
the foreigner no longer fulfils the conditions under which he or she could be granted a residence permit pursuant to section 16 (1) or (6).
(4) A residence permit issued in accordance with section 20 may be revoked if:
1.
the research institution with which the foreigner has concluded a hosting agreement loses its recognition, provided that it has been involved in an act which has led to the loss of recognition,
2.
the foreigner is not allowed to carry out or operate research at the research institution or
3.
the foreigner no longer fulfils the conditions under which he or she could be granted a residence permit in accordance with § 20, or a hosting agreement with him should be concluded.
(5) A residence permit pursuant to section 25 (4a) sentence 1 or paragraph 4b sentence 1 shall be revoked if:
1.
the foreigner was unwilling or is no longer willing to testify in the criminal case,
2.
the information provided by the exporter referred to in Article 25 (4a), second sentence, point (1) or (4b), second sentence, point (1), shall be considered as false, in accordance with the communication of the public prosecutor's office or of the criminal court,
3.
the criminal procedure in which the foreigner should tesclaim to be a witness, or
4.
the foreigner no longer fulfils the conditions for the issuing of a residence permit in accordance with Article 25 (4a) or (4b).
A residence permit pursuant to section 25 (4a) sentence 1 shall also be revoked if the foreigner voluntarily reconnects to the persons according to § 25 (4a) sentence 2 number 2. (6) A residence permit according to § 38a is to be granted , if the foreigner loses his/her legal status as a long-term resident in another Member State of the European Union. (7) (omitted) Unofficial table of contents

Section 53 Zwining expulsion

A foreigner shall be expelled if he/she
1.
in the event of one or more intentional offences, a penalty of at least three years 'imprisonment or a juvenile sentence of at least three years' imprisonment has been passed, or, in the course of five years ' imprisonment, for criminal offences, to several custodial sentences or juvenile penalties has been legally convicted of together at least three years or has been ordered in the case of the final sentence of res judiciation of the security,
2.
because of an intentional offence under the Narcotics Act, the breach of land peace under the conditions laid down in § 125a sentence 2 of the Penal Code, or because of a prohibited public gathering or a public meeting , in accordance with Section 125 of the Criminal Code, a sentence of at least two years ' imprisonment or a custodial sentence and the execution of the sentence are not suspended for probation. , or
3.
in the case of foreigners pursuant to § 96 or § 97, he has been sentenced to a sentence of imprisonment and the execution of the sentence has not been suspended.
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Section 54 expulsion in the event of a rule

A foreigner is usually expelled if:
1.
he has been convicted of one or more intentional offences by a final sentence of at least two years ' imprisonment or imprisonment and the execution of the sentence has not been suspended for probation,
2.
he is legally convicted for the introduction of foreigners in accordance with § 96 or § 97,
3.
he establishes, manufactures, imports, carries out, carries out or carries out, disposeates, transfers to another or otherwise places on the market or acts with them in any other way, in accordance with the provisions of the Narcotics Act, contrary to the provisions of the Narcotics Act. he or she shall grant aid to such an act,
4.
in the context of a prohibited or dissolved public assembly, or of a prohibited or erratic act of violence against people or property that is dangerous to public safety; are committed with united forces, as perpetrators or participants,
5.
Justify the conclusion that he or she has been a member of, or has been a member of, an association that supports terrorism, or has supported or supported such an association; to back-lying memberships or Support may only be supported by the expulsion of the person, in so far as the expulsion is based on a present danger,
5a.
it endangers the free democratic basic order or the security of the Federal Republic of Germany, or participates in the pursuit of political objectives in violence, or publicly calls for the use of violence or with the use of force threatens to
5b.
Facts which justify the conclusion that he has prepared or prepared a serious state-endanting violence, referred to in § 89a (1) of the Penal Code, in accordance with Section 89a (2) of the Criminal Code; to the past Preparatory actions may only be based on the expulsion of the expulsion, in so far as they establish a particular and present danger,
6.
in a survey that serves to clarify concerns about entry or further residence, he conceals the German foreign representation or the immigration authority to previous stays in Germany or other states, or in false or incomplete information on links to persons or organisations suspected of supporting terrorism; the expulsion on that basis shall be permitted only if the foreigner is The survey explicitly refers to the security-law purpose of the survey and the the legal consequences of incorrect or incomplete information have been referred to; or
7.
he was one of the heads of an association that was banned indisputably because his purposes or his activities run counter to the criminal laws, or he is directed against the constitutional order or the idea of international understanding.
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§ 54a Monitoring of expelled foreigners for reasons of internal security

(1) A foreigner who has a full expulsion order pursuant to Section 54 (5), 5a or 5b or a fully-deductible removal order pursuant to § 58a shall be subject to the obligation to apply at least once a week to the In so far as the immigration authority does not determine otherwise, report to the police department responsible for the location of residence. If a foreigner is enforceable on the grounds of expulsion grounds other than those referred to in the first sentence of sentence 1, a sentence 1 may be required if this is to prevent a threat to public security and public order (2) His/her stay shall be limited to the district of the Foreigners Authority, unless the Foreigners Authority does not meet any different stipulations. (3) It may also be required to stay in another place of residence or in certain accommodation. to reside outside the county of the Foreigners Authority, if necessary to to hinder or prevent the continuation of efforts which have led to expulsion and to better monitor compliance with legal or other legal requirements and obligations. (4) To continue with Any efforts which have led to expulsion may be made more difficult or impossible, the foreigner may also be obliged not to use certain means of communication or services in so far as he/she remains a means of communication and the restriction of the restriction of communication is necessary in order to pose serious risks to internal security or to the (5) The obligations laid down in paragraphs 1 to 4 shall be suspended if the foreigner is in detention. An arrangement in accordance with paragraphs 3 and 4 shall be immediately enforceable. Unofficial table of contents

§ 55 Ermessenexpulsion

(1) A foreigner may be expelled if his/her stay affects public security and order or other significant interests of the Federal Republic of Germany. (2) A foreigner may be expelled, in particular, in accordance with paragraph 1. if it
1.
in an administrative procedure carried out by the authorities of a Schengen State, at home or abroad
a)
false or incomplete information concerning the obtaining of a German residence permit, a Schengen visa, an airport transit visa, a registration of a passport, the admission of an exception to the liability or the suspension of the deportation or
b)
in spite of the existence of an existing legal obligation, did not participate in measures taken by the competent authorities responsible for the implementation of this law or the Schengen Convention,
insofar as the foreigner has previously been referred to the legal consequences of such acts,
1a.
provided false or incomplete information to an employer at the conclusion of a contract of employment, thereby obtaining a settlement permit in accordance with section 19 (2) (3),
2.
has not only committed an individual or minor infringement of legal or judicial or administrative decisions or orders, or has committed a criminal offence outside the territory of the Federal Republic of Germany as an intentional act of criminal law, or is to be considered a criminal offence
3.
is in breach of a law applicable to the exercise of industrial inbreeding, or an official disposal of the public authorities,
4.
heroin, cocaine, or a comparable risk of narcotic drugs, and is not prepared to treat or withdraw to any necessary rehabilitation treatment;
5.
its behavior endangers public health or is in the longer term homeless,
6.
for themselves, for their family members or for other household members,
7.
Assistance for education outside of one's own family or assistance for young adults under the Eighth Book Social Code; this does not apply to a minor whose parents or whose parent alone is a person entitled to a personal or personal capacity in the federal territory,
8.
a)
publicly, in a gathering or by propagating writings a crime against peace, a war crime, a crime against humanity or terrorist acts of comparable weight in a way approved or for which , which is capable of disrupting public security and order, or
b)
in a way that is likely to disrupt public safety and order, incite hatred against parts of the population, or incite violence or arbitrary action against them, or attacks the human dignity of others by making parts of it of the population, maliciously despises or slanders,
9.
acting on a child or young person in a targeted and ongoing manner in order to generate or strengthen hatred for members of other ethnic groups or religions,
10.
in a reprehensive manner, in particular by use or threat of violence, of participating in the economic, cultural or social life of the Federal Republic of Germany, or
11.
requires another person to commit the marriage or tries to do so.
(3) The decision on the expulsion shall take account of:
1.
the duration of the lawful stay and the protective, personal, economic and other ties of the Ausländers in the Federal territory,
2.
the consequences of expulsion for the members of the family or life partner of the alien who are legally resident in the territory of the Federal Republic of Germany and who live with him in a family or family-friendly partnership;
3.
the conditions laid down in § 60a (2) and (2b) for the suspension of deportation.
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Section 56 Special expulsion protection

(1) A foreigner who
1.
has a settlement permit and has been legally resident in the territory of the Federal Republic for at least five years,
1a.
a permit for permanent residence-EU,
2.
has a residence permit and was born in the federal territory or entered the federal territory as a minor and has resided legally in the federal territory for at least five years,
3.
has a residence permit, has been legally resident in the territory of the Federal Republic of Germany for at least five years and is living in a married or living partnership with one of the foreigners referred to in points 1 to 2,
4.
lives with a German family member or a partner in a family or a life-based partnership,
5.
is recognised as an asylum seeker, enjoys the status of a foreign refugee in the territory of the Federal Republic of Germany, or a travel document issued by an authority of the Federal Republic of Germany in accordance with the Agreement of 28 July 1951 relating to the Legal status of refugees (BGBl. 1953 II p. 559),
enjoys special expulsion protection. It shall be expelled only for serious reasons of public security and public order. Serious reasons of public security and order are usually in the cases of § § 53 and 54 nos. 5 to 5b and 7. If the conditions of § 53 are fulfilled, the foreigner shall be designated as a rule. If the conditions of § 54 are fulfilled, its designation shall be decided at its discretion. (2) On the expulsion of an adolu who has grown up in the federal territory and has a settlement permit, as well as the expulsion of a Minors who have a residence permit or a residence permit shall be decided in the cases of § § 53 and 54 at the discretion of the person. In so far as the parents or the parent of the minor, which is entitled to the person's personal rights, are legally resident in the territory of the Federal Republic of Germany, the minor shall only be expelled in the cases of § 53; the expulsion shall be decided at the discretion of the person concerned. The first sentence shall not apply if the adolescent has been convicted of insignificant intentional offences, serious criminal offences or a particularly serious criminal offence for the purpose of serially committing them. (3) A foreigner, which has a residence permit according to § 24 or § 29 (4), can only be expelled under the conditions of § 24 paragraph 2. (4) A foreigner who has filed an asylum application can only be expelled on condition that the Asylum procedure unquestionable without recognition as an asylum seeker or without the recognition international protection (Section 1 (1) (2) of the Asylum Procedure Act). The condition shall be waited if:
1.
there is an issue which, in accordance with paragraph 1, justifies an expulsion; or
2.
a deportation threat issued under the provisions of the Asylum Procedures Act.

Section 2
Enforcement of exit duty

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Section 57 Repatriation

(1) A foreigner who is taken up in connection with the unauthorised entry via a border within the meaning of Article 2 (2) of Regulation (EC) No 562/2006 (external border) shall be pushed back. (2) A enforceable expletive Foreigners who are re-admitted by another Member State of the European Union, Norway or Switzerland on the basis of an intergovernmental takeover agreement in force on 13 January 2009, shall be returned to that State; The same shall apply if the foreigner from the border authority in the border area in a direct temporal relationship with an unauthorised entry, and there is evidence that another State is in favour of the European Union under the legislation of the European Union or of an international treaty for the (3) § 58 (1b), § 59 (8), § 60 (1) to (5) and (7) to (9), § § 62 and 62a are to be applied accordingly. Unofficial table of contents

Section 58 Deportation

(1) The foreigner is to be deported if the expiring obligation is enforceable, an exit period has not been granted or this has expired, and the voluntary fulfilment of the expiring obligation is not secured or for reasons of public Security and order a monitoring of the exit appears necessary. If one of the conditions set out in § 59 (1) sentence 2 is entered, the foreigner shall be deported before the expiry of the period of departure. (1a) Before the deportation of an unaccompanied minor, the authority shall have to: ensure that it is handed over in the country of return to a member of his/her family, to a person entitled to the person, or to a suitable host institution. (1b) A foreigner who has a permit to stay in the EU or a corresponding legal position in another Member State of the European In addition to the first sentence of Article 60 (8), the Union may only be deported to the protected Member State in another Member State of the European Union, except in the case of the first sentence of Article 60 (8). § 60 (2), (3), (5) and (7) shall remain unaffected. (2) The obligation to travel is fully enforceable if the foreigner
1.
has entered into an unauthorised state,
2.
has not yet applied for the first-time grant of the required residence permit or has not yet requested the renewal or, despite the application of the residence permit, not pursuant to Section 81 (3) as permitted or the residence permit pursuant to Section 81 (4) does not apply is considered to be continuous, or
3.
based on a return decision by another Member State of the European Union in accordance with Article 3 of Council Directive 2001 /40/EC of 28 May 2001 on the mutual recognition of decisions on the return of Third-country nationals EC No 34), provided that the latter is recognised by the competent authority.
In addition, the obligation to leave is only enforceable if the failure of the residence permit or the other administrative act, by which the foreigner becomes subject to the obligation to travel in accordance with § 50 para. 1, is fully enforceable. (3) The monitoring of the exit is , in particular, if the foreigner
1.
is in a judicial order in detention or in other public custody,
2.
is not mature within the time limit set for it,
3.
has been expelled pursuant to § 53 or § 54,
4.
is useless,
5.
does not have a passport or a passer-set,
6.
to the Foreigners Authority for the purpose of deception, or has refused to provide information, or
7.
has shown that he will not comply with his/her expo duties.
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§ 58a deportation order

(1) The supreme state authority may, on the basis of a forecast based on facts, against a foreigner to avert a particular threat to the security of the Federal Republic of Germany or to a terrorist threat without any prior Expulsion order to be issued. The deportation order is immediately enforceable; no threat of deportation is required. (2) The Federal Ministry of the Interior can declare the assumption of responsibility if there is a special interest of the federal government. The supreme state authority shall be informed thereof. Federal police deferment orders are carried out by the Federal Police. (3) A deportation order may not be executed if the conditions for a deportation ban pursuant to § 60 (1) to (8) are fulfilled. Section 59 (2) and (3) shall apply accordingly. The examination shall be the responsibility of the authority which is decisive in the deportation order and which is not bound by any findings from other proceedings. (4) The foreigner shall be immediately given the opportunity to attend the deportation order. shall enter into contact with a legal counsel of his/her choice, unless he has previously assured legal assistance; he shall be informed of the legal consequences of the removal order and the legal remedies given. A request for provisional legal protection under the Administrative Court order shall be submitted within seven days of the notification of the removal order. The deportation may not be carried out until the expiry of the period specified in the second sentence and in the case of a timely application pending the decision of the Court of First Instance on the application for provisional legal protection. Unofficial table of contents

§ 59 Threat of deportation

(1) The deportation shall be subject to a reasonable period of time between seven and 30 days for the voluntary departure. Exceptionally, a shorter time-limit may be set or shall be waiver if it is necessary in individual cases to safeguard the overriding public concerns, in particular where:
1.
there are reasonable grounds for suspecting that the foreigner wishes to withdraw from the deportation, or
2.
a serious threat to public safety or order from the foreigner.
In addition, subject to the conditions set out in the second sentence, it may also be subject to a threat of deportation if:
1.
the residence permit referred to in Article 51 (1) (3) to (5) shall be granted; or
2.
the foreigner has already been informed of the existence of his/her departure obligation while respecting the requirements of Section 77.
The period of departure may be extended appropriately or fixed for a longer period, taking into account the specific circumstances of the case. Section 60a (2) shall remain unaffected. The period of departure is interrupted if the enforceability of the expulsion obligation or the threat of deportation is dispensed with. (2) In the threat the state in which the foreigner is to be deported shall be designated and the foreigner shall be called upon to (3) The adoption of the threat does not preclude the existence of any prohibition of deportation. In the threat, the state must be designated in which the foreigner cannot be deported. If the Administrative Court finds the existence of a ban on deportation, the legality of the threat remains unaffected by the rest. (4) After the entry into force of the threat of deportation, the threat of deportation shall continue to apply for further decisions of the Foreigners ' authority on the deportation or suspension of deportation shall not take account of circumstances which are contrary to a deportation in the State designated in the threat of deportation and which are prior to the entry of the indisputable Threat of deportation have occurred; other persons asserted by the foreigner Circumstances which are contrary to the deportation or deportation to this State may not be taken into account. The provisions under which the foreigner may bring the circumstances referred to in the first sentence to court by way of the action or the provisional legal protection under the administrative court order shall remain unaffected. (5) In the case of the § 58 (3) (1) does not require a time-limit; the foreigner is deported from the custody or public custody. The deportation shall be announced at least one week in advance. (6) A certificate shall be issued to the foreigner on the basis of the deadline provided for in paragraph 1. (7) The aliens authority shall provide concrete evidence that the foreigner shall be subject to the victim's of a criminal offence referred to in Article 25 (4a), first sentence, or in Article 25 (4b), sentence 1, it shall, by way of derogation from the first sentence of paragraph 1, set an exit period to be determined in such a way as to make a decision on his willingness to say, in accordance with Article 25 (4a), second sentence, Point 3 or in accordance with Article 25 (4b), second sentence, point 2. The period of exit shall be at least three months. The immigration authority may wade, cancel or shorten it from the fixing of an exit period in accordance with the first sentence of the first sentence, if:
1.
the residence of the expo affects public security and order or other significant interests of the Federal Republic of Germany, or
2.
the foreigner has voluntarily resumed contact with the persons pursuant to section 25 (4a) sentence 2, second sentence, after the information provided for in sentence 4.
The aliens authority or a body commissioned by it shall inform the foreigner of the applicable regulations, programmes and measures for the victims of the offences referred to in § 25 (4a) sentence 1. (8) Foreigners who do not have any of the offences referred to in § 4 (3) , prior to the expulsion on the rights referred to in Article 6 (2) and Article 13 of Directive 2009 /52/EC of the European Parliament and of the Council of 18 June 2009 on minimum standards for sanctions and measures against employers who do not have to be legally resident Employ a stay (OJ C 24, OJ L 168, 30.6.2009, p.24). Unofficial table of contents

Section 60 Prohibition of deportation

(1) In application of the Agreement of 28 July 1951 relating to the Status of Refugees (BGBl. 559), a foreigner must not be deported to a State in which his or her life or freedom is due to his race, religion, nationality, membership of a particular social group or his political affiliation. Conviction is threatened. This also applies to asylum seekers and foreigners who have been granted refugee status indisputably or who, for another reason in the federal territory, enjoy the legal status of foreign refugees or who are outside the territory of the Federal Republic of Germany. as foreign refugees are recognised under the Convention on the Status of Refugees. If the foreigner refers to the deportation ban under this paragraph, the Federal Office for Migration and Refugees, except in the cases of sentence 2, establishes in an asylum procedure whether the conditions of sentence 1 are fulfilled and whether the foreigner the refugee status is to be recognised. The decision of the Federal Office can only be challenged in accordance with the provisions of the Asylum Procedures Act. (2) A foreigner may not be deported to a state in which he or she referred to in § 4 paragraph 1 of the Asylum Procedures Act serious Damage threatens. (3) If a foreigner is not to be deported to a State, because that State is seeking a foreigner for a criminal offence and there is a risk of the death penalty being imposed or the death penalty, the (4) If a formal request for extradition or a request for a declaration of extradition is issued by another State, the foreigner shall be entitled to a request for a request for a request. Decision on extradition only with the consent of the authority, which according to § 74 of the law (5) A foreigner may not be deported to the extent that the application of the Convention of 4 November 1950 is applicable to the granting of extradition. on the protection of human rights and fundamental freedoms (BGBl. 685) shows that deportation is inadmissible. (6) The general danger that a foreigner may face prosecution and punishment in another state and, unless otherwise indicated in paragraphs 2 to 5, that the person may be subject to prosecution and punishment. (7) Apart from the deportation of a foreigner to another State, if a foreigner is to be deported to another State, the deportation of a foreigner to another State shall not be contrary to the law of law. (7) there is a real danger to life or to freedom. Risks as defined in the first sentence, to which the population or the population of which the foreigner belongs, shall be taken into account in the case of orders in accordance with Section 60a (1) sentence 1. (8) Paragraph 1 shall not apply if the foreigner from serious reasons must be regarded as a danger to the safety of the Federal Republic of Germany or a danger to the general public because it is legally binding on a crime or particularly serious crime. A term of imprisonment of at least three years has been sentenced. The same shall apply if the foreigner fulfils the conditions laid down in § 3 (2) of the Asylum Procedure Act. (9) In the cases referred to in paragraph 8, a foreigner who has lodged an application for asylum may, by way of derogation from the provisions of the Asylum procedure law is threatened with deportation and these are carried out. Paragraphs 2 to 7 shall remain unaffected. (10) If a foreigner is to be deported, where the conditions set out in paragraph 1 are met, it cannot be waived to threaten the deportation and to set an appropriate time limit for the period of departure. In the threat are the states to which the foreigner must not be deported. (11) (dropped) Unofficial table of contents

Section 60a Temporary suspension of deportation (Duldung)

(1) The supreme state authority may order, for reasons of international law or humanitarian reasons or to safeguard political interests of the Federal Republic of Germany, that the deportation of foreigners from certain states or from in any other way is suspended in general or in certain countries for a maximum of six months. § 23 (1) applies for a period of more than six months. (2) The deportation of an expat is to be suspended, as long as the deportation is impossible for actual or legal reasons and no residence permit is issued. The deportation of a foreign minister shall also be suspended if his temporary presence in the territory of the Federal Republic of Germany for criminal proceedings is deemed appropriate by the Public Prosecutor's Office or the Criminal Court for a crime, because without his or her Information on the facts of the case would be difficult. A foreigner may be granted a Duldung if urgent humanitarian or personal reasons or substantial public interests require his temporary further presence in the federal territory. (2a) The deportation of a foreigner shall be granted for The Federal Republic of Germany shall not be ordered for a week when its deportation or deportation has failed, and the Federal Republic of Germany shall be suspended on the basis of a law, in particular Article 6 (1) of Directive 2003 /110/EC of 25 November 2003 on assistance to the Transport by air in the framework of air return measures (OJ C 327, 22.4.2002, p. EU No 26), is required to readmit it. The suspension shall not be extended in accordance with the first sentence. The entry of the foreigner is to be allowed. (2b) As long as a foreigner who has a residence permit pursuant to Article 25a (1) is a minor, the deportation of his or her parents or of a parent who is entitled to the personal rights of the person as well as the (3) The expulsion obligation of an offender, whose deportation is suspended, remains unaffected. (4) On the basis of the following information: the suspension of the deportation is a certificate to the foreigner (5) The suspension of the deportation shall be issued with the exit of the expulsion. It shall be revoked if there are no grounds for refusing the deportation. The foreigner shall be deported immediately after the death without renewed threat and a time limit, unless the suspension is renewed. If the deportation is suspended for more than one year, the withdrawal provided for by the revocation shall be announced at least one month in advance; the announcement shall be repeated if the suspension has been renewed for more than one year. Unofficial table of contents

Section 61 Spatial restriction, seat cover, exit facilities

(1) The stay of a fully-fledgable Ausländer is limited to the territory of the country. The territorial restriction according to the first sentence may be dismissed if the foreigner is entitled to pursue an employment without examination in accordance with § 39 (2) sentence 1 no. 1, or if this is for the purpose of attending school, in-company training and Further education or study at a state or state-recognised university or comparable training institution is required. The same applies if this serves to maintain the family unit. (1a) In the cases of Section 60a (2a), the stay is restricted to the district of the last competent immigration office in Germany. The foreigner has to go there immediately after entering the country. If such an authority cannot be established, Section 15a shall apply. (1b) The territorial restriction provided for in paragraphs 1 and 1a shall be terminated if the foreigner has been allowed, tolerated or permitted in the Federal territory for three months without interruption. (1c) A spatial limitation of the residence of a exportable exportor may be carried out independently of paragraphs 1 to 1b, if:
1.
the foreigner has been convicted of a criminal offence, with the exception of such offences, the facts of which can only be carried out by foreigners,
2.
Facts justify the conclusion that the foreigner has failed to comply with the provisions of the Narcotics Act, or
3.
Concrete measures to end the residence against the foreigner are imputable.
(1d) A foreigner who is liable to be expelled, whose livelihood is not secured, is obliged to take his habitual residence at a certain place (seat cover). Insofar as the aliens authority has ordered nothing else, that is the place of residence at which the foreigner has been accustomed at the time of the decision on the temporary suspension of the deportation. The immigration authority may, on its own account or at the request of the expo, amend the residence condition, taking into account the household community of family members or other humanitarian reasons of comparable weight. The foreigner can leave the place defined by the place of residence temporarily without permission. (1e) Further conditions and conditions can be arranged. (2) The countries can provide exit facilities for enforceable persons. Create foreigners. In the exit facilities, it is intended to encourage voluntary departure by providing support and advice, and to ensure accessibility for authorities and courts as well as the implementation of the exit. Unofficial table of contents

Section 62 Deportation Detention

(1) Deportation detention shall be inadmissible if the purpose of detention can be achieved by means of a milder, likewise sufficient, other means. The detention shall be limited to the shortest possible duration. Minors and families with minors may only be deported in exceptional cases and only for as long as is appropriate in the light of the child's welfare. (2) A foreigner is required to prepare the expulsion order. to be held in prison on a judicial order if the expulsion cannot be decided immediately and the deportation would be made much more difficult or foiled without the detention (preparatory detention). The duration of the preparatory period shall not exceed six weeks. In the case of expulsion, there is no need for a judicial order for the continuation of detention until the expiry of the duration of detention. (3) A foreigner is to be detained in order to secure the deportation to a judicial order. (secured) if:
1.
the foreigner is required to travel in full due to an unauthorized entry,
1a.
A removal order pursuant to section 58a has been issued but cannot be carried out directly,
2.
the period of departure has expired and the foreigner has changed his whereabouts, without indicating to the aliens authority an address under which he can be reached,
3.
he has not been found in the place indicated by the Foreigners Authority for reasons for which he has been appointed for the deportation,
4.
he has withdrawn himself from deportation in any other way; or
5.
there are reasonable grounds for suspecting that he intends to withdraw from the deportation.
The foreigner can be taken in security custody for a period of not more than two weeks if the period of departure has expired and it is determined that the deportation can be carried out. By way of exception, the order of the security detention set out in the first sentence of the first sentence of the first sentence may be waiver if the foreigner makes it credible that he does not wish to withdraw from the deportation. The security detention shall be inadmissible if it is established that the deportation cannot be carried out within the next three months for reasons which the foreigner does not have to represent. If the deportation has failed for reasons which the foreigner has to represent, the arrangement according to sentence 1 shall remain unaffected until the expiry of the arrangement period. (4) The security detention can be arranged for up to six months. It may be extended for a maximum period of twelve months in cases where the foreigner prevents his deportation. A preparatory detention shall be taken into account for the total duration of the security detention. (5) The competent authority for the application may hold a foreigner without a prior judicial order and provisionally in custody if:
1.
there is an urgent suspicion of the existence of the conditions laid down in the first sentence of paragraph 3;
2.
the judicial decision on the arrangement of the security detention cannot be obtained in advance; and
3.
there is a reasonable suspicion that the foreigner wants to withdraw from the order of security detention.
The foreigner shall be presented without delay to the judge for a decision on the order of the security detention. Unofficial table of contents

Section 62a Enforcement of the deportation detention

(1) The deportation detention shall in principle be carried out in special detention facilities. If special detention facilities do not exist in the country, it can be carried out in other places of detention in that country; in this case, the deportation prisoners are to be accommodated separately from prisoners of criminal law. If several members of a family are imprisoned, they are to be accommodated separately from the other deportation prisoners. (2) The deportation prisoners are allowed to contact legal representatives, family members and the competent consular authorities. (3) In case of underage, the person concerned is entitled to a right of privacy. Prisoners of deportation are illegal in accordance with the measures laid down in Article 17 of Directive 2008 /115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for the return of illegal migrants Third-country nationals (OJ L 136, 30.4.2004 98). (4) Employees of relevant aid and support organisations should be allowed to visit deportation prisoners at their request (5). Prisoners of deportation shall be informed of their rights and obligations and of the rules in force in the institution.

Chapter 6
Liability and fees

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Section 63 Obligations of carriers

(1) A carrier may only transport foreigners to the territory of the Federal Republic if they are in possession of a necessary passport and a required residence permit. (2) The Federal Ministry of the Interior or the body designated by it may , in agreement with the Federal Ministry of Transport, Building and Urban Development, prohibit a carrier from carrying foreigners into the Federal territory in breach of paragraph 1 and, in the event of the infringement, threaten a penalty payment. Objection and action shall not have suspensive effect; this shall also apply with regard to the fixing of the penalty payment. (3) The penalty payment against the carrier shall be for each foreigner, to which he has provided a service pursuant to paragraph 2. shall be transported, at least 1,000 and at most EUR 5,000. The Federal Ministry of the Interior or the Federal Ministry of the Interior, or the Federal Ministry of the Interior or the body designated by the Federal Ministry of the Interior, may provide for the periodic penalty payment by means of transport operators. To agree on the implementation of the obligation referred to in paragraph 1. Unofficial table of contents

Section 64 Obligation to return carriers to return

(1) Where a foreigner is refused, the haulier who has transported him to the border shall immediately bring him out of the country. (2) The obligation laid down in paragraph 1 shall be for the duration of three years with respect to the foreigner; which are transported without the required passport, register or required residence permit to the territory of the Federal Republic of Germany and which are not refused at the time of entry because they are based on political persecution, persecution within the meaning of § 3 (1) of the Asylum procedure law or the risk of serious damage within the meaning of Article 4 (1) of the Asylum Procedure Act or the circumstances referred to in § 60 (2), (3), (5) or (7). (3) The haulier has the foreigner, at the request of the authorities responsible for the police control of cross-border traffic, in the case of the foreigner. A State which issued the travel document or from which it has been promoted or to any other State in which its entry is guaranteed. Unofficial table of contents

Section 65 Duties of the airport business operators

An operator of a commercial airport shall be obliged to provide accommodation on the airport premises suitable for the accommodation of foreigners who are not in possession of a required passport or a required visa, pending the completion of the To provide a border police decision on entry. Unofficial table of contents

§ 66 Cost debtors; security

(1) costs incurred by the enforcement of a territorial restriction, refusal, deportation or deportation shall be borne by the foreigner. (2) In addition to the foreigner, the costs referred to in paragraph 1 shall be liable to those who are (3) In the cases of § 64 (1) and (2), the carrier shall be liable, in addition to the foreigner, for the costs of the return of the goods to be returned to the Foreign and for the costs incurred by the arrival of the foreigner at the The border crossing point shall be created until the decision on entry is reached. A carrier who is liable to a culpable disposition pursuant to § 63 (2) shall be liable in addition to the foreigner for other expenses incurred in the cases of § 64 (1) by the refoulement and in the cases of § 64 para. 2 by the deportation (4) shall be liable for the costs of deportation or deportation:
1.
who, as an employer, has employed the foreigner as a worker who was not allowed to pursue gainful employment under the provisions of this Act;
2.
an entrepre for which an employer has provided services as a direct contractor, if he has been aware of it or, having regard to the care required in the course of transport, he should have recognised that the employer is responsible for the provision of the service has employed the foreigner as a worker who was not allowed to pursue gainful employment in accordance with the provisions of this Act;
3.
Who, as a general contractor or an intermediary without direct contractual relations with the employer, is aware of the employment of the exporter who is responsible for the pursuit of gainful employment in accordance with the provisions of this Act was not allowed;
4.
who is committing an act punishable in accordance with § 96;
5.
the foreigner, in so far as the costs cannot be recovered from the other costs debtors.
The persons referred to in the first sentence of 1 to 4 shall be liable as total debtors within the meaning of Section 421 of the Civil Code. (4a) The liability referred to in paragraph 4 (1) shall not apply if the employer has fulfilled his obligations pursuant to Article 4 (3), sentence 4 and 5, as well as in accordance with § 28a of the Fourth Book of the Social Code in connection with § § 6, 7 and 13 of the Data Collection and Delivery Ordinance or in accordance with Section 18 of the Employees ' Posting Act, unless he was aware of the , that the residence permit or the certificate of residence or the residence permit or the Suspension of the expulsion of the exporters was falsified. (5) A security benefit may be required from the debtor. The order of security of the exporter or of the cost debtor referred to in the first and second sentences of paragraph 4 may be enforced by the authority which issued it, without prior enforcement order and time limit, if otherwise the Survey could be endangered. For the purpose of securing the cost of the trip, return tickets and other tickets which are in the possession of an expo, who are to be rejected, returned, expelled or deported, can be confiscated or the entry and residence of the goods. only because of the status of an asylum application. Unofficial table of contents

Section 67 Scope of liability

(1) The costs of deportation, repatriation, rejection and enforcement of a territorial restriction shall include:
1.
the transportation and other travel expenses for the foreigner within the federal territory and to the destination outside the territory of the Federal Republic,
2.
the administrative costs incurred in the preparation and implementation of the measure, including the costs of detention and translation and interpretation costs, and expenditure on accommodation, food and other services, supply of the outlander and
3.
all costs, including personnel costs, incurred through the necessary monitoring of the outlander.
(2) The costs for which the carrier is liable according to § 66 (3) sentence 1 shall include:
1.
the costs referred to in paragraph 1 (1),
2.
the administrative costs and expenses for accommodation, food and other supplies of the host and translation and interpretation costs incurred up to the completion of the decision on entry, and
3.
the costs referred to in paragraph 1 (3), in so far as the haulier does not himself take on the necessary accompaniming of the exporter.
(3) The costs referred to in paragraphs 1 and 2 shall be charged by the competent authority in accordance with § 71, by means of a notification of benefit in the amount of the actual costs incurred. With regard to the calculation of personnel costs, the general principles for the calculation of personnel costs of the public sector apply. Unofficial table of contents

Section 68 Liability for subsisting

(1) Any person who is obliged to bear the costs of the livelihood of a foreign country by the Foreigners Authority or a diplomatic mission abroad shall reimburse all the public funds allocated to the livelihood of the expatriate. including the provision of living space and care in the event of illness and in the case of need for care, even as far as the expenses are based on a legal entitlement of the outlander. Expenses based on a contribution shall not be reimbursed. (2) The obligation referred to in the first sentence of paragraph 1 shall require the written form. It shall be enforceable in accordance with the Law on Administrative Enforcement. The claim for reimbursement shall be the public body which has used the public funds. (3) The diplomatic mission shall immediately inform the Foreigners 'Office of an obligation pursuant to the first sentence of paragraph 1. (4) The Foreigners' Office , if it becomes aware of the application referred to in paragraph 1, it shall immediately inform the public authority which is entitled to the claim for reimbursement of the obligation referred to in the first sentence of paragraph 1 and shall grant it all to the the information required to assert and enforce the claim for reimbursement . The recipient may use the data only for the purpose of reimbursement of the public funds used for the foreigner and for the failure to provide further services. Unofficial table of contents

§ 69 Fees

(1) Charges and levies shall be charged for official acts in accordance with this Act and the legal regulations issued for the implementation of this Act. Sentence 1 shall not apply to official acts of the Federal Employment Agency in accordance with § § 39 to 42. § 287 of the Third Book of the Social Code remains unaffected. (2) The Federal Government shall, by means of a regulation with the consent of the Federal Council, determine the chargeable facts and the fee rates, as well as the exemptions and reductions of fees, in particular for cases of neediness. The Administrative Costs Act shall apply in the version valid until 14 August 2013, provided that this Act does not contain any deviating provisions. (3) The fees laid down in the Regulation may not exceed the following maximum rates:
1.
for the granting of a residence permit: 140 Euro,
1a.
for the issuing of a Blue Card EU: 140 Euro,
2.
for the granting of a settlement permit: 260 euro,
2a.
for the granting of a permit for permanent residence-EU: 260 Euro,
3.
for the extension of a residence permit or a Blue Card EU: EUR 100,
4.
for the issuing of a national visa and the issuing of a passport and a replacement rate: EUR 100;
5.
for the recognition of a research institution for the conclusion of admission agreements in accordance with § 20: 200 Euro,
6.
for other official acts: EUR 30,
7.
for official acts in favour of minors: one half of the fee charged for the official act,
8.
for the re-issuance of a document in accordance with § 78 (1), based on a change in the information provided for in § 78 (1) sentence 3, due to the expiry of the technical card usage period, due to the loss of the document or due to the loss the technical functionality of the document becomes necessary: 60 euros.
(4) A surcharge of no more than EUR 25 may be charged for the issue of a national visa and a set of water on the border. A surcharge of no more than EUR 30 may be levied in respect of an official act carried out outside the period of service at the request of the applicant. Fee surcharges may also be fixed for the official acts against a national whose home state is charged by Germans higher than the charges fixed in accordance with paragraph 2 for the appropriate official acts. The provisions of sentences 2 and 3 shall not apply to the granting or renewal of a Schengen visa. The maximum rates laid down in paragraph 3 may be exceeded in the case of the fixing of charges. (5) The legal regulation referred to in paragraph 2 may provide for a handling fee to be paid for the application for fee-based acts is collected. The processing fee for the application for a settlement permit or a permit for permanent residence-EU may not exceed half of the fee to be charged for the grant. The fee is to be charged for the fee for the official act. It shall not be repaid in the event of withdrawal of the application and the refusal of the official act requested. (6) The legal regulation referred to in paragraph 2 may provide for the deposit of an objection to fees which may not exceed:
1.
in the case of opposition to the refusal of an application for an official charge liable to pay: half of the fee provided for that fee,
2.
for the objection to any other official act: 55 euro.
To the extent that the objection is successful, the fee shall be charged for the fee for the official act to be carried out and, incidentally, to be repaid. Unofficial table of contents

§ 70 statute of limitations

(1) The claims to the costs referred to in § 67 (1) and (2) shall be forfeit six years after the date of the occurrence of the due date. § 17 of the Administrative Costing Act shall apply. (2) The limitation of claims pursuant to § § 66 and 69 shall, in addition to the cases of § 20 (3) of the Administrative Costing Act, be amended in the version valid up to 14 August 2013 as long as the debtor is not in the federal territory or if his/her stay in the Federal territory cannot be determined because he has not complied with any legal obligation to notify or to be required to notify.

Chapter 7
Procedural rules

Section 1
Responsibilities

Unofficial table of contents

Section 71 Jurisdiction

(1) Foreigners ' authorities are responsible for measures and decisions to be taken in accordance with this law and in accordance with foreign law provisions in other laws. The state government or the body designated by it can determine that only one or more specific foreigners ' authorities are responsible for individual tasks. (2) In foreign countries, passport and visa matters are the authority empowered by the Federal Foreign Office. (3) The authorities responsible for the police control of cross-border traffic are responsible for:
1.
the refusal and the deportation at the border,
1a.
Deportations at the border, provided that the foreigner is taken up at or after the unauthorised entry via a border within the meaning of Article 2 (1) of Regulation (EC) No 562/2006 (internal border),
1b.
Deportations at the border, provided that the foreigner has already entered into an unauthorised condition, has continued to move, and in another border area or at an airport approved or not approved as a border crossing point, flight or Landing field or sea or inland port is taken up,
1c.
the freezing of the effects on the basis of the deportations and repatriations made by them in accordance with Article 11 (1) and (2),
1d.
the repatriation of foreigners from other countries and in other countries, and
1e.
the application for detention and arrest, in so far as it is necessary to carry out the measures referred to in points 1 to 1d,
2.
the issuing of a visa and the issuing of a duty rate pursuant to section 14 (2) as well as the suspension of the deportation pursuant to section 60a (2a),
3.
the withdrawal and revocation of a national visa and the decisions taken pursuant to Article 34 of Regulation (EC) No 810/2009
a)
in the case of refoulement, repatriation or removal, in so far as the conditions laid down in point 1a or 1b have been met,
b)
at the request of the diplomatic mission or consular post issued by the visa, or
c)
at the request of the Foreigners Authority, which has agreed to the issuing of the visa, provided that the visa has been approved,
4.
the travel ban and the measures pursuant to section 66 (5) on the border,
5.
the examination at the border, whether carriers and other third parties have complied with the provisions of this Act and the regulations and arrangements adopted pursuant to this Act,
6.
other measures and decisions concerning foreign law, insofar as their necessity at the border is obtained and they are authorized by the Federal Ministry of the Interior to do so in general or in individual cases,
7.
The procurement of home travel documents for foreigners of individual states by means of mutual assistance,
8.
the issuing of the references and certificates provided for in European Union legislation from the date and place of entry via the external border of a Member State which fully applies the Schengen acquis; the competence of the This does not preclude foreign authorities or others from the countries of certain bodies.
(4) For the necessary measures in accordance with § § 48 and 49 (2) to (9), the foreign authorities, the authorities responsible for the police control of international traffic and, to the extent necessary for the performance of their tasks pursuant to paragraph 5 of this Article, are: , is responsible for the police forces of the countries. In the cases of Section 49 (4), the authorities responsible for the distribution according to § 15a shall also be responsible. In the cases of Section 49 (5) No. 5, the foreign representations authorised by the Federal Foreign Office are responsible. (5) For the deportation as well as the enforcement of the obligation of abandonment of § 12 para. 3 and the execution of the deportation and, insofar as it is It is necessary to prepare and secure these measures, the arrest and application of the detention are also the police officers of the Länder. (6) The Federal Ministry of the Interior or the body designated by it shall decide in consultation with the Federal Foreign Office on the recognition of passports and passport substitutes (§ 3 para. 1); the Decisions are taken as a general order and can be announced in the Federal Gazette (Bundesanzeiger). Unofficial table of contents

Section 71a Jurisdiction and information

(1) Administrative authorities within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the authorities of the customs administration in the cases of Section 98 (2a) and (3) (1). They cooperate in the prosecution and prosecution with the authorities referred to in § 2 para. 2 of the Schwarzarbeitspesticides Act. (2) The authorities of the customs administration inform the commercial central register of their legally enforceable persons to be registered. Fines pursuant to Section 98 (2a) and (3) (1). This shall only apply if the fine is more than 200 euro. (3) Courts, law enforcement and enforcement authorities are to provide the authorities of the customs administration with findings from other procedures which, from their point of view, are to be followed by In accordance with § 98 (2) (a) and (3) (1), it is necessary to transmit, unless it is apparent to the transmitting body, that the interests of the person concerned or of other parties to the proceedings are patentable in the exclusion of the transmission Predominant. In doing so, account must be taken of how secure the findings to be transmitted are. Unofficial table of contents

Section 72 Participation requirements

(1) A type-approval (§ 11 para. 2) may only be granted with the consent of the immigration authority responsible for the designated place of residence. The authority that has expelled, deported or repatriated the foreigner is generally to be involved. (2) The existence of a deportation ban pursuant to § 60 (5) or (7) and the existence of a state-of-the-art settlement status Pursuant to § 25 (3) sentence 2 (1) to (4), the Foreigners Registration Authority decides only after the Federal Office for Migration and Refugees has been involved. (3) Spatial restrictions, conditions and conditions, limitations pursuant to § 11 para. 1 sentence 3, orders in accordance with § 47 and other measures against a foreigner who is not in possession of a shall be amended or repealed by another authority only in agreement with the authority which has ordered the measure to be taken. Sentence 1 shall not apply if the residence of the foreigner is restricted to the district of the other aliens authority in accordance with the provisions of the Asylum Procedure Act. (4) A foreigner, brought against the public action or a criminal law Investigation proceedings are initiated, may only be expelled and deported in agreement with the competent public prosecutor's office. A foreigner, who is a person to be protected in the sense of the Witness Protection Harmonization Act, may only be expelled or deported in agreement with the witness protection service. (5) § 45 of the Eighth Book Social Code does not apply to Exit facilities and facilities for temporary accommodation of foreigners who are granted a residence permit for international, humanitarian or political reasons, or who are subject to deportation. (6) Before a decision on the grant, renewal or revocation a residence permit pursuant to section 25 (4a) or (4b) and the setting, cancellation or reduction of an exit period in accordance with § 59 (7) shall be the prosecutor's office responsible for the criminal proceedings referred to in § 25 (4a) or (4b), or the It shall take part in criminal proceedings, unless there is a case in Section 87 (5) (1) of this Directive. If the immigration authority is not yet aware of the competent public prosecutor's office, it shall take part in the decision to set, repeal or shorten an exit period in accordance with Article 59 (7) of the competent public prosecutor's office. Police authority. (7) In order to check the requirements of § § 18, 18b, 19 and 19a, the Foreigners Authority may also take part in the Federal Employment Agency if it does not require its approval. Unofficial table of contents

§ 72a Reconciliation of visa application data for security purposes

(1) data relating to the visa procedure from the German diplomatic mission to the visa applicant, to the invitation and to persons who guarantee the maintenance of the livelihood by submitting a declaration of commitment or otherwise; or to other reference persons in Germany, are transmitted to the Federal Administrative Office for the purpose of carrying out a reconciliation for security purposes. The same shall apply to the data set out in the first sentence of Article 8 (2) of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas of the Community (Visa Code) (OJ C 327, 28.4.2002) 1) to a German diplomatic mission to the decision on the visa application. A transfer in accordance with the first sentence or the second sentence does not take place if a data transfer is made in accordance with § 73 (1) sentence 1. (2) The data referred to in the first and second sentences of paragraph 1 shall be transferred to a special organisational unit of the Federal Administrative Office in a automated procedures with data from the file within the meaning of Article 1 (1) of the Antiterrordateigesetz (antiterrorism file) to persons in which facts justify the assumption that they are
1.
a terrorist organisation according to § 129a of the Criminal Code, which has an international reference, or a terrorist organisation according to § 129a in conjunction with Section 129b (1) sentence 1 of the Penal Code with a reference to the Federal Republic of Germany Germany, or support them, or
2.
belong to a group that supports such an association, or are willing to support it in the knowledge of the activity of the grouping that supports terrorism, or
3.
use violence as a means of enforcing internationally oriented political or religious concerns, or support, prepare or through their activities, in particular by advocating such a use of force, Violent applications, intentionally or
4.
not only in fleeting or in random contact with the persons referred to in paragraph 1 or in point 3, and to be expected to provide further information for the investigation or combating of international terrorism, to the extent that: It shall justify the assumption that they are aware of the planning or commission of a criminal offence referred to in paragraph 1 or of the exercise, support or preparation of illegal violence referred to in point 3.
The data of the persons referred to in the first sentence shall, after identification by the authority which has stored the data in the counter-terrorism file, be sent by the Federal Criminal Police Office to the special organisational unit in the Federal Administrative Office for the reconciliation with the Data referred to in the first and second sentences of paragraph 1 are transmitted and stored there. By means of appropriate technical and organisational measures, it is necessary to ensure that no unauthorized access to the content of the data is made. (3) In the event of a hit, for reasons of failure, according to § 5 (4) or for the examination , the data referred to in the first sentence of paragraph 1 and 2 shall be sent to the authorities by other security concerns in respect of the issuance of the visa, which data have been stored in the counter-terrorism file for that person. They shall immediately inform the competent external representation of the Federal Office of Administration of the Federal Administrative Office if there are grounds for failure to grant the visa pursuant to Section 5 (4) or any other security concerns. (4) The Special Representative In accordance with the first sentence of the first sentence of paragraph 1, the data stored in the Federal Administrative Office shall be deleted immediately after the execution of the match in accordance with the first sentence of paragraph 2; if the match results in a hit, only the visualmark shall be deleted is stored. This will be deleted as soon as the special organizational unit in the Federal Administrative Office has established that a communication under the second sentence of paragraph 3 is not to be made to the foreign representation, otherwise, if the communication has been made. (5) The the authorities referred to in the first sentence of paragraph 3 may store and use the data transmitted to them in so far as this is necessary for the performance of their legal duties. The Federal Administrative Office shall ensure that, in the event of a hit, the date of the reconciliation, the information enabling the determination of the data sets which have been matched shall be without prejudice to the information provided by the Federal Office for the Protection of the Data. The result of the data reconciliation, the forwarding of the data record and the processing of the data record for the purpose of data protection control are recorded. The protocol data shall be secured by means of appropriate measures against unauthorised access and shall be destroyed at the end of the calendar year following the year of its preparation, provided that it is not required for an already initiated control procedure. (7) The Federal Office of Administration shall take appropriate technical and organisational measures for the protection of data protection and data security in accordance with the respective state of the art, which in particular shall ensure the confidentiality and integrity of the data stored and transmitted in the special organisational unit (8) The responsibility for data protection in respect of the existence of the conditions referred to in the first sentence of paragraph 2 shall be borne by the authority which entered the data in the counter-terrorism file. The Federal Administrative Office is responsible for the data protection legal responsibility for the implementation of the match. The Federal Criminal Police Office is responsible for data protection for the fact that the transmitted data reflect the current status in the anti-terrorism file. (9) The data referred to in the second sentence of paragraph 2 shall be corrected if they are corrected in the anti-terrorism file . They will be deleted if the conditions of their storage pursuant to paragraph 2 sentence 1 are deleted or the data in the anti-terrorism file has been deleted. § 11 (4) of the Antiterrordateigesetz (Antiterrordatal Act) shall apply mutagentily for the examination of the further requirements for the storage of the data in accordance with the second sentence of paragraph 2. Unofficial table of contents

Section 73 Other requirements for participation in the visa procedure and in the issuing of residence permits

(1) Data in the visa procedure from the German diplomatic mission or from the external representation of another Schengen State responsible for receiving the visa application to the visa-applicant, to the invitation and to persons who by submitting a declaration of commitment or otherwise guaranteeing the maintenance of the livelihood, or by other reference persons, may be collected by the competent authority for the determination of reasons of failure in accordance with § 5 (4) or to consider other security concerns to the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Shielding Service, the Federal Criminal Police Office and the Customs Crime Office will be sent. The procedure in accordance with § 21 of the Foreigners Central Register Act remains unaffected. In the cases referred to in Article 14 (2), the authority responsible for the police control of cross-border traffic may submit the data collected in the visa procedure to the authorities referred to in the first sentence. (2) The foreign authorities may for the determination of grounds of failure pursuant to § 5 (4) or for the examination of other security concerns prior to the granting or renewal of a residence permit or a Duldung or a residency permit, the stored Personal data relating to the persons concerned via the Federal Administrative Office to the Federal Intelligence Service, the Military Shielding Service, the Federal Criminal Police Office and the Customs Crime Office, as well as the State Office for the Protection of the Constitution and the State Criminal Police Office or the competent authorities of the police. The Federal Office for the Protection of the Constitution can provide technical assistance in the case of transfers to the State Offices for the Protection of the Constitution. (3) The security authorities and intelligence services referred to in paragraphs 1 and 2 shall inform the competent authority of the competent authority. , the Federal Office of the Federal Republic of Germany (Bundesamt für Bundesamt) shall immediately inform the Federal Office of the Federal Republic of Germany of any grounds for failure pursuant to Section 5 (4) or any other security concerns; Provide technical support for constitutional protection. The German missions abroad and the foreign national authorities shall immediately communicate to the security authorities and intelligence services referred to in the first sentence the period of validity of the issued and extended residence permits; shall be the same as those referred to in the first sentence of sentence 1. Authorities during the period of validity of the residence permit shall inform the competent Foreigners Office or the competent diplomatic mission immediately by means of the reasons specified in Section 5 (4) or any other security concerns. The authorities referred to in the first sentence may store and use the data transmitted to the extent that this is necessary for the performance of their legal tasks. The Federal Ministry of the Interior, in agreement with the Federal Foreign Office, and taking into account the current security situation, shall be determined by general administrative provision, in accordance with the provisions of the following: in which cases the authorisation of paragraph 1 shall be used against nationals of certain States and members of other categories of persons in any other way. Unofficial table of contents

Section 73a Information on the issue of visas

(1) Under Article 31 of Regulation (EC) No 810/2009 issued visas under Article 31 of Regulation (EC) No 810/2009 issued by the other Schengen States may be sent to the Federal Intelligence Service (Bundesnachrichtendienst), the Federal Office for the Protection of the Constitution, the Military shielding service, the Federal Criminal Police Office and the Customs Crime Office are to be sent for examination, whether the entry and residence of the visa holder are contrary to the grounds mentioned in § 5 (4) or other security concerns. Submissions of the German missions abroad via issued visas, the issue of which has not already been preceded by a data transfer in accordance with Article 73 (1), may, for the purposes set out in the first sentence, be sent to the competent authority in the case referred to in sentence 1. , data relating to persons other than the visa holder shall not be transmitted. The Federal Ministry of the Interior shall, in consultation with the Federal Foreign Office and taking into account the current security situation, determine by general administrative provision, in which cases the Federal Ministry of the Interior shall The use of paragraph 1 shall be used by nationals of certain States and nationals of certain categories of persons in any other manner. Unofficial table of contents

Section 74 Participation of the Federal Government;

(1) A visa may be issued in order to safeguard the political interests of the federal government, with the proviso that the renewal of the visa and the granting of another residence permit after the expiry of the visa, as well as the repeal and amendment the conditions, conditions and other restrictions associated with the visa may be carried out only in consultation or agreement with the Federal Ministry of the Interior or the body designated by it. (2) The Federal Government may Individual instructions for the implementation of this Act and the Act of the Law , if:
1.
the security of the Federal Republic of Germany or any other significant interests of the Federal Republic of Germany require,
2.
may be adversely affected by the foreign-law measures of one country.
3.
a aliens authority wishes to designate a foreigner who is one of the persons who are exempt from the requirement of a residence permit in consular and diplomatic representations.

Section 1a
Passing through

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Section 74a Transit of foreigners

Foreign states may return foreign nationals from their territory via the territory of the Federal Republic to another State or return them to their territory from another State via the territory of the Federal Republic of Germany if they do so by the competent authorities. Authorities have been authorised (transit). Transit shall be carried out on the basis of intergovernmental agreements and European Union legislation. The central authority pursuant to Article 4 (5) of Directive 2003 /110/EC is the federal police authority designated in the legal regulation pursuant to Section 58 (1) of the Federal Police Act. The foreigner must be allowed to take the necessary measures in connection with his or her transit.

Section 2
Federal Office for Migration and Refugees

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Section 75 Tasks

The Federal Office for Migration and Refugees has the following tasks, without prejudice to the tasks of other laws:
1.
Coordination of the information on residence for the purpose of gainful employment between the foreign authorities, the Federal Employment Agency and the German missions abroad authorized by the Federal Foreign Office for passport and visa matters;
2.
a)
Development of the basic structure and learning content of the integration course in accordance with § 43 (3),
b)
whose implementation and
c)
Measures pursuant to Section 9 (5) of the Federal Displaced Persons Act;
3.
technical work for the Federal Government in the field of integration funding and the preparation of information material on integration offers by the Federal Government, the Länder and local authorities for foreigners and ethnic German resettlers;
4.
Conduct scientific research on migration issues (accompanying research) in order to obtain analytical statements for the management of immigration;
5.
Cooperation with the administrative authorities of the Member States of the European Union as the national contact point and competent authority in accordance with Article 27 of Directive 2001 /55/EC, Article 25 of Directive 2003 /109/EC, Article 8 (3) of the Directive 2004 /114/EC and Article 22 (1) of Directive 2009 /50/EC as well as for notifications pursuant to Article 51 (8a;
6.
Keeping the register in accordance with § 91a;
7.
coordination of programmes and participation in projects aimed at encouraging voluntary return and disburdening the funds allocated to them;
8.
the execution of the admission procedure pursuant to section 23 (2) and the distribution of the foreigners admitted pursuant to § 23 as well as the foreigners admitted pursuant to § 22 sentence 2 to the Länder;
9.
Implementation of a migration-specific advice according to § 45 sentence 1, insofar as it is not perceived by other bodies; for this purpose, it may serve private or public bodies;
10.
Recognition of research facilities for the conclusion of admission agreements in accordance with § 20; in this connection, the Federal Office for Migration and Refugees is supported by an Advisory Council for Research Migration;
11.
Coordination of the information transmission and evaluation of findings from the federal authorities, in particular the Federal Criminal Police Office and the Federal Office for the Protection of the Constitution, on foreigners who are responsible for the threat to public safety out of country, asylum or nationality law measures are eligible.
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Section 76

(dropped)

Section 3
Administrative procedures

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Section 77 written form; exception to formal requirements

(1) The following administrative acts shall be in writing and shall be accompanied by a justification, with the exception of point 5:
1.
the administrative act,
a)
in the case of a passport, an identity document or a residence permit, which is limited in space or in time, or is subject to conditions and conditions; or
b)
with which the amendment or repeal of a secondary determination to the residence permit is denied, and
2.
the expulsion,
3.
the deportation order pursuant to section 58a (1), first sentence,
4.
the threat of deportation,
5.
the suspension of deportation,
6.
Restrictions on the stay referred to in § 12 (4),
7.
the orders in accordance with § § 47 and 54a,
8.
the withdrawal and revocation of administrative acts in accordance with this Act; and
9.
the decision on a request for a freeze pursuant to Article 11 (1) sentence 3.
A declaration must be attached to an administrative act which prohibites a residence permit or with which a residence permit is to be deleted, and the decision on a request for a fixed term pursuant to Article 11 (1) sentence 3. This declaration shall inform the foreigner of the appeal against the administrative act and of the place at which such an appeal is to be submitted and on the time limit to be observed; in other cases, the above mentioned Declaration of the threat of deportation. (2) Disclaimer and the restriction of a visa and a set of water before entry do not require any justification and right of appeal; the refusal of the border does not require the right to be refused. Written form. Formal requirements for the denunciation of Schengen visas are governed by Regulation (EC) No 810 /2009. (3) If the foreigner is not represented by an authorized representative, he/she shall be subject to a translation of the decision-making formula of the Administrative act, by which the residence permit is denied or by which the residence permit is cancelled or with which a decision is taken on a request for a fixed term pursuant to Article 11 (1) sentence 3, and the right of appeal is free of charge in a to provide the language that the foreigner understands or is reasonably expected to it can be assumed that he understands them. If the expulsion obligation consists of another reason, the first sentence must be applied accordingly to the threat of deportation as well as to the right of appeal, which it shall be attached pursuant to the third sentence of paragraph 1. The translation can be made available in oral or written form. A translation must not be submitted to the foreigner if he or she has entered the territory of the Federal Republic of Germany or has been expelled on the basis of a criminal conviction. The sentences 1 to 3 shall not apply if the foreigner has not entered or has already reached maturity. Unofficial table of contents

Section 78 Documents with electronic storage and processing medium

(1) The residence permit referred to in Article 4 (1), second sentence, number 2 to 4 shall be issued as separate documents with electronic storage and processing medium. Residence permits issued in accordance with the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons of 21 June 1999 (OJ L 136, 31.7.1999, p. 6) shall be issued on request as documents with electronic storage and processing medium. The documents referred to in sentences 1 and 2 shall contain the following information which is visibly applied:
1.
Name and first name,
2.
doctoral degree,
3.
light image,
4.
birth date and place of birth,
5.
Address,
6.
the date of validity and the period of validity,
7.
Exhibition venue,
8.
the nature of the residence permit or the right of residence and its legal basis,
9.
the issuing authority,
10.
Serial number of the associated passport or register paper,
11.
the period of validity of the associated passport or register of documents;
12.
Notes,
13.
Signature,
14.
serial number,
15.
nationality,
16.
Gender,
17.
size and eye color,
18.
Access number.
The documents referred to in the first sentence may be referred to as the identity of the holder under the conditions laid down in § 48 (2) or (4) and shall be accompanied by the indication that the personal data are based on the information provided by the holder. The applicant shall be signed by the applicant in accordance with the third sentence of sentence 3 if he is 10 years or older at the time of the application for the document. (2) Documents containing electronic storage and processing medium referred to in paragraph 1 shall contain a Zone for automatic reading. This may contain only the following visible printed information:
1.
the abbreviations
a)
"AR" for the type of residence permit referred to in Article 4 (1) (2) to (4),
b)
"AS" for the type of residence permit in accordance with § 28 sentence 2 of the Residence Regulation,
2.
the abbreviation "D" for the Federal Republic of Germany,
3.
the serial number of the residence permit, which is composed of the number of authorities of the immigration authority and of a residence permit number to be issued by chance, and which may contain letters, as well as letters,
4.
the date of birth,
5.
the abbreviation "F" for persons of the female sex and "M" for persons of the male sex,
6.
the period of validity of the residence permit or, in the case of an indefinite right of residence, the period of technical use of the card,
7.
the abbreviation of nationality,
8.
the name,
9.
the first name, or the first name,
10.
the test numbers and
11.
Blank.
The serial number and the test numbers shall not contain any data on the holder or references to such data. Each document shall be given a new serial number. (3) The electronic storage and processing medium contained in the document referred to in paragraph 1 shall contain the following data:
1.
the data referred to in the third sentence of the third sentence of paragraph 1 to 5, and the unique Community key used in the official community register;
2.
the data in the automatic reading zone referred to in the second sentence of paragraph 2,
3.
Secondary provisions,
4.
two fingerprints, the name of the fingers covered and the information on the quality of the prints, and
5.
the birth name.
The stored data must be secured against unauthorized modification, deletion and readout. The collection of fingerprints shall take place from the end of the sixth year of life. (4) The electronic storage and processing medium of a document referred to in paragraph 1 shall be regarded as a secure signature-creation unit within the meaning of Section 2 (10) of the Signature Act. The provisions of the Signature Act shall remain unaffected. (5) The electronic storage and processing medium of a document referred to in paragraph 1 may also be used for the additional function of an electronic identity document. In this respect, § 2 (3) to (7), (10) and (12), § 4 (3), § 7 (4) and (5), § 10 (1) sentence 1 to 3, (2) sentence 1, paragraphs 3 to 5, 6 sentence 1, paragraph 7, 8 sentence 1 and paragraph 9, § 11 (1) to (5) and (7), § 12 (2) sentence 2, § § 13, 16, 18, 19 Paragraphs 1, 3 and 4, § 20 (2) and (3), § § 21, 27 (2) and (3), § 32 (1) (5) and (6), with the exception of § 19 (2), (7) and (8), (2) and (3), as well as § 33 (1), (2) and (4) of the German Personnel Reference Act (Personalausweisgesetz), with the proviso shall apply in accordance with the fact that the Foreigners Authority shall replace the Staff Identification Authority. In addition to the data listed in Section 18 (3), second sentence, of the Personnel Reference Act, under the conditions of Section 18 (4) of the Personnel Reference Act, also the data referred to in paragraph 3 (3) (3) of the Personnel Reference Act can be used within the framework of shall be forwarded as well as the abbreviation of nationality. In the case of the blocking password and the blocking characteristics, the third sentence of paragraph 2 shall apply. (6) The authorities responsible for carrying out this law or empowered to establish a sovereign identity shall be entitled to do so in the zone for automatic reading shall collect, process and use the data contained in the electronic storage and processing media of a document referred to in paragraph 1, with the exception of the data contained in the electronic storage and processing media of a document referred to in paragraph 1. Collect, process and use biometric data to the extent that this is necessary for the fulfilment of their respective is required by law. The address stored in the electronic storage and processing medium and the address to be provided in accordance with paragraph 1, third sentence, point 5 may be amended by the foreign authorities and by other authorities designated by national law. (8) The collection and use of personal data from documents referred to in paragraph 1 by technical means may only be carried out by means of the electronic identity document referred to in paragraph 5, unless otherwise provided by law. The same shall apply to the collection and use of personal data by means of a document referred to in paragraph 1. Unofficial table of contents

Section 78a Forms of residence permits in exceptional cases, identity documents and certificates

(1) The residence permit referred to in the second sentence of Article 4 (1) (2) (2) to (4) may, by way of derogation from § 78, be issued in accordance with a uniform format for forms
1.
the residence permit is to be issued for the purpose of extending the period of stay by one month, or
2.
the exhibition to avoid exceptional hardship is offered.
The forms shall contain the following information:
1.
the name and first name of the holder;
2.
the period of validity,
3.
the place and date of the exhibition,
4.
the type of residence permit or right of residence,
5.
the issuing authority,
6.
Serial number of the associated passport or register paper,
7.
Notes,
8.
Light image.
The forms shall indicate that an exhibition is exceptional. (2) The forms referred to in the first sentence of paragraph 1 shall contain a zone for automatic reading, with the following information:
1.
Name and first name,
2.
date of birth,
3.
Gender,
4.
nationality,
5.
the type of residence permit,
6.
the serial number of the form;
7.
Issuing State,
8.
the period of validity,
9.
test digits,
10.
Blank.
(3) Public sector bodies may store, transmit and use the data contained in the automatic reading zone referred to in paragraph 2 in order to fulfil their legal tasks. (4) The model for the identity document shall contain a serial number and a zone for automatic reading. In addition to the name of the issuing authority, the place and date of the exhibition, the period of validity or the period of validity, the name and the first name of the holder, the status of the residence and the secondary provisions, the form may contain the following information about the person in the form. The holder shall be provided for:
1.
birth date and place of birth,
2.
nationality,
3.
Gender,
4.
size,
5.
color of the eyes,
6.
Address,
7.
light image,
8.
Personal signature,
9.
two fingerprints,
10.
Note that the staff figures are based on the information provided by the expat.
Where fingerprints are recorded in accordance with the second sentence of the second paragraph, they must be placed in the identity document in an electronic storage and processing medium in an encrypted form by means of security procedures. The same shall apply if light images are introduced in electronic form. Paragraphs 2 and 3 shall apply accordingly. § 78 (1) sentence 4 shall remain unaffected. (5) The certificates referred to in § 60a (4) and 81 (5) shall be issued in accordance with a uniform model, which shall contain a serial number and may be provided with an automatic reading zone. The certificate may, moreover, contain only the data referred to in paragraph 4, as well as the indication that the foreigner does not comply with the obligation to fulfil the obligation. Paragraphs 2 and 3 shall apply accordingly. Unofficial table of contents

Section 79 Decision on the stay

(1) The residence of foreigners shall be decided on the basis of the circumstances known in the Federal Republic of Germany and accessible knowledge. The immigration authority shall decide on the existence of the conditions laid down in Article 60 (5) and (7) on the basis of the findings available to it and in the territory of the Federal Republic of Germany and, in so far as it is necessary on a case-by-case basis, to the authorities Federal government outside the Federal Republic of Germany. (2) A foreigner asks for
1.
be identified on suspicion of a criminal offence or of an administrative offence, or
2.
which is party, invited, participant or legal representative of the child in a procedure which relates to the challenge of fatherhood pursuant to Article 1600 (1) (5) of the Civil Code,
the granting or renewal of a residence permit shall be the subject of a decision on the residence permit until the conclusion of the procedure, in the case of a court decision up to its legal force, unless the decision on the right of residence is to be taken into account in the case of a court decision Residence permits can be decided without regard to the outcome of the procedure. In the case of § 1600 (1) No. 5 of the Civil Code, the proceedings shall be suspended from the receipt of the notification in accordance with § 87 (6) or § 90 (5). Unofficial table of contents

§ 80 Capacity for action of minors

(1) Ability to take procedural acts under this law is a foreigner who is the 16. (2) The lack of compliance with the provisions of the Civil Code, or in the case of his/her majority in the case of his/her majority, is to be supervised and subject to a reservation of consent. (2) The lack of The ability of a minor to act is not contrary to his rejection and repatriation. The same applies to the threat and conduct of deportation to the country of origin, if his legal representative does not reside in the federal territory or whose place of residence in the federal territory is unknown. (3) In applying this law The provisions of the Civil Code are decisive in determining whether a foreigner should be regarded as a minor or of a full year. The business capacity and the other legal capacity to act in accordance with the law of his or her home country shall remain unaffected by this. (4) The legal representatives of an expo who shall be the 16. It has not yet completed the life year, and other persons who take care of the foreigner in the federal territory in place of the legal representatives are obliged to apply to the foreigner the necessary requests for the grant and extension of the To place the residence permit and the extension of the passport, the register of passports and the identity of the identity card. Unofficial table of contents

Section 81 Application for the residence permit

(1) A residence permit shall be issued to a foreigner only on his/her request, unless otherwise specified. (2) A residence permit which can be obtained in accordance with the legal regulation pursuant to § 99 (1) no. 2 after entry into the country of entry is immediately after entry or within the period specified in the regulation. In the case of a child born in the territory of the Federal Republic of Germany who is not to be given a residence permit from its own office, the application must be submitted within six months of the birth. (3) A foreigner who is legally resident in the territory of the Federal Republic of Germany is not required to do so. to have a residence permit, the granting of a residence permit, his stay shall be deemed to be permitted until the decision of the Foreigners Authority. If the application is filed late, the deportation shall be deemed to have been suspended from the date of application until the decision of the aliens authority. (4) A foreigner applies for the extension of his residence permit or for the grant of the application. another residence permit, the current residence permit shall be deemed to be the continuation of the current residence permit from the date of its expiry until the decision of the Foreigners Authority. This does not apply to a visa in accordance with § 6 (1). If the application for the grant or extension of a residence permit has been delayed, the immigration authority may, in order to avoid an unreasonable hardship, order the continuing effect. (5) The foreigner must have a certificate of the effect of his/her To issue the application (fiction certificate). Unofficial table of contents

Section 82 Participation of the Ausländers

(1) The foreigner is obliged to assert his or her interests and circumstances which are favourable to him, insofar as they are not manifestly or known, and under the conditions of verifiable circumstances, and to make the necessary evidence of his/her personal data Conditions, other necessary certificates and permits, as well as any other necessary evidence which it may provide, shall be notified without delay. The Ausländerbehörde (Ausländerbehörde) can set a reasonable time limit for this. It shall set such a deadline if it suspenes the processing of an application for a residence permit due to a lack of information or incomplete information, and it shall specify the information to be collected. (2) Paragraph 1 shall apply in accordance with the appeal proceedings. (3) The foreigner shall be responsible for the obligations referred to in paragraph 1 and his/her obligations under the appeal procedure. essential rights and obligations under this law, in particular the obligations arising from § § 44a, 48, 49 and 81 and the possibility of submitting an application in accordance with § 11 para. 1 sentence 3. In the event of a deadline, it should be pointed out to the consequences of the deadline. (4) Insofar as it is necessary for the preparation and execution of measures under this law and according to foreign law provisions in other laws, it may be necessary to: shall be ordered that a foreigner may appear in person with the competent authority and to the representations or empowered staff of the State of which he is presumed to be a national, as well as a medical examination to determine the ability to travel is carried out. If the foreigner does not come to an order in accordance with the first sentence, it may be forcibly enforced. § 40 (1) and (2), § § 41, 42 (1) sentences 1 and 3 of the Federal Police Act shall apply. (5) The foreigner, for whom the law, the asylum procedure law or the provisions adopted for the implementation of these laws are subject to a law document shall be issued on request
1.
to present a current photograph in accordance with a legal regulation adopted pursuant to § 99 (1) (13) and (13a) or to take part in the taking up of such a photograph; and
2.
participate in the acceptance of his fingerprints in accordance with a regulation adopted in accordance with section 99 (1) (13) and (13a) of this Regulation.
The photograph and the fingerprints may be placed in documents as defined in the first sentence and processed and used by the competent authorities for the purpose of securing and subsequent identification of the identity. (6) Foreigners holding a A residence permit in accordance with § § 18 or 18a or a Blue Card EU are obliged to inform the competent immigration authority if the employment for which the residence permit has been issued is terminated prematurely. This shall not apply if the foreigner is allowed to take up employment without requiring a permit, which can only be granted with the consent of § 39 (2). The foreigner shall be informed of his obligation under sentence 1 when the residence permit is issued. Unofficial table of contents

§ 83 Restriction of the challenge

(1) The failure of a national visa and of a duty rate at the border shall be unquestionable. In the event of a national visa and a set of measures at the border, the foreigner will be informed of the possibility of submitting an application to the competent diplomatic mission abroad. (2) Against the failure to suspend the deportation, the applicant shall be informed of the possibility of a visa. there is no contradiction. Unofficial table of contents

§ 84 Effects of objection and action

(1) Contradiction and action against
1.
the refusal of an application for the grant or extension of the residence permit,
2.
the obligation pursuant to section 61 (1), first sentence, to take home in an exit facility,
3.
the amendment or repeal of a secondary provision relating to the pursuit of gainful employment;
4.
the revocation of the residence permit of the exporters pursuant to section 52 (1) sentence 1 no. 4 in the cases of § 75 (2) sentence 1 of the Asylum Procedure Act,
5.
the revocation or withdrawal of the recognition of research facilities for the conclusion of admission agreements in accordance with § 20;
6.
the failure to travel in accordance with § 46 (2) sentence 1
have no suspensive effect. (2) The validity of the expulsion and any other administrative act ending the lawfulness of the stay shall not be affected, without prejudice to their suspensive effect, without prejudice to their suspensive effect. For the purposes of the taking up or pursuit of gainful employment, the residence permit shall be deemed to continue, as long as the period for the collection of the objection or the action has not yet expired, during a judicial procedure on a application admissible for the order or restoration of the suspensive effect or as long as the appeal has suspensive effect. An interruption of the lawfulness of the stay shall not occur if the administrative act is annulled by an administrative or indisputable judicial decision. Unofficial table of contents

Section 85 Calculation of residence times

Interruptions in the lawfulness of the stay of up to one year may be disregarded.

Section 4
Data protection

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Section 86 Collection of personal data

The authorities responsible for the implementation of this Act may collect personal data in other laws for the purposes of the implementation of this Act and the provisions of foreign law, to the extent that this is necessary for the performance of their duties under this law. Law and according to foreign law provisions in other laws is required. Data within the meaning of Section 3 (9) of the Federal Data Protection Act as well as corresponding provisions of the data protection laws of the Länder may be collected, insofar as this is necessary in individual cases for the performance of tasks. Unofficial table of contents

Section 87 Transfers to the foreigners ' authorities

(1) Public bodies other than schools and educational and educational institutions shall inform them of the circumstances referred to in Article 86, first sentence, upon request, as far as is necessary for the purposes stated therein. (2) Public authorities within the meaning of paragraph 1 shall immediately inform the competent Foreigners Authority if they are aware of the performance of their duties of:
1.
the stay of a foreign person who does not have the required residence permit and whose deportation is not suspended,
2.
the violation of a spatial restriction,
3.
any other reason for expulsion; or
4.
Concrete facts which justify the assumption that the conditions for a right of appeal are available in accordance with Section 1600 (1) (5) of the Civil Code;
in the cases referred to in points 1 and 2 and other acts punishable under this law, the competent police authority may be informed instead of the immigration authority if any of the measures referred to in Article 71 (5) are taken into consideration; the The police authority shall immediately inform the Foreigners Authority; the Jugendamt shall be obliged to communicate in accordance with point 4 only, insofar as this does not endanger the performance of its own tasks. Public authorities should immediately inform the competent immigration authority if they are aware of a special need for integration within the meaning of Article 43 (4) in connection with the performance of their tasks. Legal regulation. The diplomatic missions abroad shall provide the competent immigration authority with the personal data of an exportation which is likely to identify its identity or nationality if it is aware that the data for the (3) The Federal Government Commissioner for Migration, Refugees and Integration is to be notified in accordance with the provisions of paragraphs 1 and 2 of this Article. Persons belonging to the group shall only be obliged to the extent that the It is not at risk of fulfilling one's own tasks. The State Governments may, by means of a decree law, determine that the country's representative for the country and the national representative of the municipalities referred to in paragraphs 1 and 2 of this Article shall be informed about a foreigner who is legally resident in the country or in the municipality. , or who has been lawfully held there by the date of the adoption of an administrative act terminating the legality of the stay, subject to the conditions laid down in the first sentence of sentence 1. (4) The administrative act for the initiation and implementation of a criminal or a criminal The competent immigration authority shall be responsible for the payment of fines. without delay, the opening of the criminal proceedings and the execution of the criminal or fine procedure with regard to the public prosecutor's office, the court or the administrative authority responsible for the prosecution and prosecution of the administrative authorities To inform you of the legal requirements. The first sentence shall apply to the initiation of an extradition procedure against a foreigner. Sentence 1 shall not apply to proceedings for an administrative offence which can only be punishable by a fine of up to one thousand euros, and for proceedings for an infringement within the meaning of Section 24 of the Road Traffic Act or of a procedure relating to an infringement of the law. Negligent infringement within the meaning of Section 24a of the Road Traffic Act. The witness protection department shall inform the competent immigration office immediately of the beginning and end of the witness protection for a foreigner. (5) The authorities to participate in accordance with section 72 (6) shall have the aliens authorities
1.
inform, on its own account, of circumstances justifying a revocation of a residence permit issued pursuant to section 25 (4a) or (4b), or the reduction or cancellation of an exit period granted in accordance with section 59 (7), and
2.
to communicate information to the competent authority or to the transfer of jurisdiction, provided that a criminal procedure has been carried out in accordance with Section 72 (6) or if a notification has been made in accordance with point 1.
(6) In the cases of § 1600 (1) No. 5 of the Civil Code, there is a duty to provide information to the immigration authority or the diplomatic mission abroad.
1.
the competent authority concerning the preparation or collection of a lawsuit or the decision that the action shall be waiver; and
2.
of the family courts over the court decision.
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Section 88 Transfers in the case of special statutory use

(1) A transfer of personal data and other information in accordance with § 87 shall not be provided insofar as special statutory use arrangements are contrary. (2) Person-related data, which is provided by a physician or other in § 203 para. 1 No. 1, 2, 4 to 6 and , the persons referred to in paragraph 3 of the Criminal Code have been made available to a public body, may be transmitted by the public authority,
1.
if the foreigner is at risk of public health and special protection measures are not possible to exclude the risk or are not complied with by the foreigner, or
2.
insofar as the data are necessary for the determination of whether the conditions referred to in § 55 (2) No. 4 are available.
(3) Personal data subject to tax secrecy pursuant to Article 30 of the Tax Code may be transmitted if the foreigner is opposed to a provision of the tax law, including customs law and the monopoly right or the right of the External trade law or against import, export, transit or movement bans or restrictions and, in respect of such infringement, a criminal investigation procedure or a fine of at least five hundred The euro has been imposed. In the cases of the first sentence, the authorities responsible for the police control of cross-border traffic may also be informed if an exit ban is to be issued in accordance with Article 46 (2). (4) the authorities responsible for the implementation of this Act and by non-public bodies shall apply paragraphs 1 to 3 in accordance with the provisions of this Act. Unofficial table of contents

§ 88a Processing of data in connection with integration measures

(1) When carrying out integration courses, a transmission of subscriber-related data, in particular data from the confirmation of eligibility for participation, admission to participation in accordance with § 44 (4) and the application to and participation in the integration courses is at an integration course, by the Ausländerbehörde (Ausländerbehörde), the institution of the basic insurance for jobseekers, the Federal Administrative Office and the private and public institutions approved for the implementation of the integration courses to the Federal Office for Migration and refugees shall be permitted to the extent that they are in favour of granting an authorisation or Entitlement to the integration course, the determination of the proper participation, the determination of the fulfilment of the participation obligation in accordance with § 44a para. 1 sentence 1, the certificate of successful participation or the settlement and implementation the integration courses are required. The private and public institutions approved for the implementation of the integration courses shall be entitled to the competent immigration authority or to the competent institution of the basic insurance for jobseekers by means of a non-proper participation in accordance with § 44a, paragraph 1, first sentence, to participate in the participation of the expo. The Federal Office for Migration and Refugees may pass on the data transmitted in accordance with the first sentence, at the request of the immigration authorities, the basic security institution for job-seekers and the nationality authorities, to the extent that this is necessary for the granting of a Admission or entitlement to the integration course, to check the fulfilment of the obligation to participate, to extend a residence permit, to issue a residence permit or a permit for permanent residence-EU, to Monitoring of the integration agreement or the implementation of the Naturalisation procedure is required. In addition, a processing of personal data by the Federal Office for Migration and Refugees is only permitted for the implementation and settlement of the integration courses. (2) The Federal Office for Migration and Refugees (Bundesamt für Migration und Refugee) serves as a basis for the application of this data. In order to carry out a migration-specific advisory service, 75 number 9 of private or public institutions is allowed to transfer aggregated data on the consultation process from the institutions to the Federal Office for Migration and Refugees. Unofficial table of contents

Section 89 Procedure in the case of measures to be reviewed, established and secured

(1) The Federal Criminal Police Office shall provide assistance in the evaluation of the data collected pursuant to § 49 of the authorities responsible for the implementation of this law and transmitted according to § 73. The data collected in accordance with section 49 (3) to (5) shall be stored separately from other recognition service data. The data according to § 49 (7) shall be stored by the recording authority. (2) The use of the data collected pursuant to § 49 (3) to (5) or (7) shall also be permitted for the determination of the identity or the assignment of evidence within the scope of the Criminal prosecution and police security. They may, as far as and as long as it is necessary, be transferred or left to the competent authorities responsible for these measures. (3) The data collected pursuant to § 49 (1) shall be submitted by all authorities immediately after the completion of the verification of the authenticity of the Delete the document or the identity of the holder. The data collected in accordance with section 49 (3) to (5) or (7) shall be deleted by all the authorities who store them, if:
1.
the foreigner has issued a valid passport or a registration certificate and a residence permit has been issued by the immigration authority,
2.
10 years have passed since the last exit or attempted unauthorised entry,
3.
in the cases of Article 49 (5) (3) and (4), three years have elapsed since the rejection or repatriation; or
4.
in the case of § 49 (5) (5) since the application for the visa and in the case of § 49 (7) since the recording of the language ten years have passed.
The deletion must be recorded. (4) Paragraph 3 does not apply if and as long as the data are required in the context of criminal proceedings or for the defence of a danger to public security or order. Unofficial table of contents

Section 89a Rules of Procedure for the Foundation Paper Database

(1) The Federal Office of Administration shall, at the request of the authority which collected the data, resemble the data collected in accordance with Article 49 with the data stored in the document database in order to ensure that the data are allocated to a document found in the database. Identity or nationality of an exporter to the extent that there are any doubts. (2) In order to carry out the reconciliation, the requesting body shall transmit the photograph or fingerprints as well as other data referred to in section 49b No 1. The Federal Administrative Office. (3) votes of the transmitted data of the Ausländers with the stored data of the owner of a document, the data shall be transmitted to the requesting body in accordance with § 49b. (4) If the Federal Office of Administration cannot clearly establish the identity of a foreign institution, it shall transmit it to the Identity check to the requesting body the information stored in the document database on similar persons, if it is to be expected that their knowledge of the identity determination of the outlander by the assignment to one of the finds . The requesting body must immediately delete all the information provided by the Federal Administrative Office, which cannot be attributed to the foreigner, and to destroy the relevant records. (5) The data shall be transmitted by Remote data transmission. A retrieval of the data in the automated procedure is permissible in accordance with § 10 (2) to (4) of the Federal Data Protection Act. (6) The Federal Office of Administration is similar to a request.
1.
a competent authority to determine the identity or nationality of an applicant in accordance with Section 16 (2) of the Asylum Procedures Act; and
2.
an authority responsible for law enforcement or police security to identify the identity of an exporters or the assignment of evidence
the data transmitted by that authority with the data stored in the document database. Paragraphs 2 to 5 shall apply by analogy. (7) The data in accordance with § 49b shall be deleted ten years after the first storage of data relating to the document concerned. If the purpose of the storage is omitted before the expiry of this period, the data shall be deleted immediately. (8) The parties involved shall take appropriate measures to ensure data protection and data security to the respective state of the art. , which shall in particular ensure the confidentiality and integrity of the data; in the case of the use of generally accessible networks, appropriate encryption methods shall be applied to the relevant state of the art. Unofficial table of contents

Section 90 Transfers by foreigners ' authorities

(1) Specific indications shall be given on a case-by-case basis for:
1.
an employment or activity of foreigners without the required residence permit in accordance with § 4,
2.
Infringements of the obligation to comply with the obligation pursuant to § 60 (1) sentence 1 (2) of the First Book of the Social Code against a service of the Federal Employment Agency, a institution of the statutory health, care, accident or pension insurance, a holders of basic insurance for job-seekers or social assistance or infringements of the obligation to notify pursuant to Section 8a of the German Asylum Seekers Benefits Act,
3.
the infringements referred to in Article 6 (3) (1) to (4) of the Black Labour Code,
shall inform the authorities responsible for carrying out this law of the authorities responsible for the prosecution and prosecution of the infringements referred to in points 1 to 3, the institutions of basic security for job-seekers or social assistance, and those referred to in § 10 (2) In the prosecution and prosecution of violations of this law, the authorities responsible for the implementation of this law shall, in particular, work with the other authorities in accordance with § 2 (2) of the The authorities referred to in the Black Labour Code (3). Law authorities shall share circumstances and measures pursuant to this Act, the knowledge of which is required for benefits under the Asylum Seekers Benefits Act, as well as the distributions of consent notified to them to take up employment. Persons entitled to benefit under the Asylum Seekers Benefit Act and information on the cancellation, revocation or withdrawal of consents granted for the admission of employment to the competent authorities according to § 10 of the German Asylum Assessment Act (4) The foreigners ' authorities shall inform the competent authorities pursuant to section 72 (6) of participating entities without delay
1.
the granting or failure of a residence permit in accordance with Article 25 (4a) or (4b),
2.
the fixing, shortening or cancellation of an exit period in accordance with Article 59 (7) or
3.
the transfer of responsibility of the Foreigners Authority to another Foreigners Authority, which is the responsibility of the Foreigners Authority.
(5) In the event that the Foreigners Authority or the diplomatic mission is aware of any concrete facts which justify the assumption that the requirements for a right of appeal are in accordance with Section 1600 (1) (5) of the Civil Code, it shall have the following information: (6) For the purposes specified in § 755 of the Code of Civil Procedure, the Foreigners Authority shall transmit to the bailiff, upon request, the whereabouts of a person. Unofficial table of contents

Section 90a Communications from the Foreigners Authorities to the reporting authorities

(1) Foreigners ' authorities shall inform the competent reporting authorities without delay if they have any evidence that the data stored in the reporting register to be reported to the declarant are incorrect or incomplete. They shall communicate to the reporting authorities, in particular, when a foreigner is required to report
1.
is in the federal territory, which is not reported,
2.
has been permanently removed from the federal territory.
(2) The notifications referred to in paragraph 1 shall contain the following information on the foreigner subject to the notification:
1.
Family name, birth name and first name,
2.
Day, place and state of birth,
3.
Nationalities,
4.
last address in Germany and
5.
Date of departure.
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§ 90b Reconciliation between aliens and reporting authorities

The alien and reporting authorities shall submit each year to each other the data referred to in § 90a (2) for the purpose of data maintenance, insofar as they have the same local area of responsibility. The receiving authority shall resemble the data transmitted with the data stored on it, an automated adjustment shall be permitted. The transmitted data may only be used for the execution of the reconciliation as well as the data maintenance and shall then be deleted immediately; overreleased data carriers shall be returned immediately or destroyed. Unofficial table of contents

§ 90c Data transfers in the visa procedure via the Federal Foreign Office

(1) The transmission of data in the visa procedure from the diplomatic missions abroad to the authorities involved in the visa procedure and from these back to the diplomatic missions abroad is carried out automatically via a technical A mechanism to support the visa procedure. The technical device shall ensure the complete, correct and timely transmission of the data in accordance with the first sentence. For this purpose, the data shall be stored in the technical device in accordance with the first sentence. (2) Personal data may only be collected, processed or used in the technical device, in so far as this is for the purposes of the first sentence of the first sentence of paragraph 1 and (3) The data stored in accordance with the third sentence of paragraph 1 shall be deleted immediately if the data are no longer required for the purpose referred to in the first and second sentences of paragraph 1, at the latest after the issuance or failure of the visa has been issued or Withdrawal of the visa application. Unofficial table of contents

§ 91 Storage and deletion of personal data

(1) The data on expulsion, deportation and deportation shall be deleted ten years after the expiry of the period referred to in Article 11 (1) sentence 3. They shall be deleted before this date, insofar as they contain findings which, according to other statutory provisions, may no longer be used against the foreigner. (2) Communications pursuant to § 87 (1), which apply to a pending foreign-law If the decision is not significant and is not likely to be significant for a subsequent foreign-law decision, they must be immediately destroyed. (3) § 20 (5) of the German Federal Data Protection Act (Bundesdatenschutzgesetz) as well as corresponding provisions in the Data protection laws of the countries are not applicable. Unofficial table of contents

Section 91a Register of temporary protection

(1) The Federal Office for Migration and Refugees (Bundesamt für Migration und Refugee) carries out a register of foreigners applying for a visa or a residence permit in accordance with section 24 (1) and of their family members within the meaning of Article 15 (1) of the Directive 2001 /55/EC on the purpose of the residence permit, the distribution of foreign nationals admitted to the territory, the residence of foreign nationals in other Member States of the European Union, the reunification of the family and the promotion of the voluntary return. (2) The following data shall be stored in the register:
1.
to the alien:
a)
the personal data, with the exception of the names previously kept and the home address in the country, as well as the last place of residence in the country of origin, the region of origin and voluntary information relating to religious affiliation,
b)
Information on the profession and on vocational training,
c)
the date of receipt of his application for a visa or a residence permit, the body responsible for processing his application, and information on the decision on the application or the state of the proceedings,
d)
information on the identity and travel document,
e)
the AZR number and the visa number,
f)
the target country and the date of departure,
2.
the persons referred to in point 1 (a) other than the voluntary information relating to the religious affiliation of the members of the family of the alien referred to in paragraph 1;
3.
Information on documents proving marriage, life partnership, or kinship.
(3) The immigration authorities and the diplomatic missions abroad shall be obliged to forward the data referred to in paragraph 2 immediately to the register authority if:
1.
a residence permit pursuant to section 24 (1) or
2.
A visa to use temporary protection in the Federal Republic of Germany
(4) § § 8 and 9 of the AZR Act shall apply accordingly. (5) The data may, upon request, be sent to the immigration authorities, foreign missions and other organisational units of the Federal Office for Migration and Refugees, including the the national contact point established there in accordance with Article 27 (1) of Directive 2001 /55/EC for the purpose of carrying out its foreign and asylum tasks in connection with the granting of residence, the distribution of the foreign nationals admitted in the Federal territory, the residence of foreign nationals resident in other countries Member States of the European Union, family reunion and the promotion of voluntary return. (6) The register authority shall keep records of data transfers as referred to in paragraph 5. § 13 of the AZR Act applies accordingly. (7) The data transfers in accordance with paragraphs 3 and 5 shall be made in writing, electronically or in automated procedures. Section 22 (2) to (4) of the AZR Act shall apply accordingly. (8) The data shall be deleted no later than two years after the end of the temporary protection of the outlander. According to § 34 (1) and (2) and § 37 of the AZR Act, information on the data subject to the data subject and the blocking of the data are valid. Unofficial table of contents

§ 91b Data transmission by the Federal Office for Migration and Refugees as a national contact point

The Federal Office for Migration and Refugees, as the national contact point referred to in Article 27 (1) of Directive 2001 /55/EC, may use the data of the register in accordance with Section 91a for the purpose of transferring the residence of foreign nationals to other Member States of the European Union or family reunification in the following areas:
1.
national contact points of other Member States of the European Union,
2.
Institutions and bodies of the European Union,
3.
other foreign or intermediate and inter-governmental bodies, if an adequate level of data protection is ensured in these bodies in accordance with Section 4b (3) of the German Federal Data Protection Act.
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Section 91c Intra-Community information on the implementation of Directive 2003 /109/EC

(1) The Federal Office for Migration and Refugees, as the national contact point within the meaning of Article 25 of Directive 2003 /109/EC, shall inform the competent authority of another Member State of the European Union in which the foreigner is responsible for the Legal status of a long-term resident, on the content and day of a decision on the granting or renewal of a residence permit pursuant to section 38a (1) or on the granting of a permit for permanent residence -EU. The authority that has taken the decision shall immediately communicate the necessary information to the Federal Office for Migration and Refugees. The national contact point can be transferred automatically from the Central Register of Foreigners using the AZR number. (1a) The Federal Office for Migration and Refugees (Bundesamt für Migration und Refugee) is the head of the National Contact Point. in the event of requests for information from the Foreigners Authorities on the continued existence of international protection within the meaning of Article 2 (13) in another Member State, to the competent authorities of the Member State concerned of the European Union. For this purpose, the relevant immigration authority shall provide the Federal Office for Migration and Refugees with the necessary information. The Federal Office for Migration and Refugees (Bundesamt für Migration und Refugee) forwards the answers to the questions to the relevant immigration authority. (2) The Federal Office for Migration and Refugees is responsible for the administration of the Federal Office for Migration and Refugees to the competent authorities of the Federal Republic of Germany. Member State of the European Union concerned in the procedure referred to in Article 51 (8), indicating the measure provided for and the main factual and legal grounds of the measure provided for by the immigration authority further. To this end, the Immigration Office shall provide the Federal Office for Migration and Refugees with the necessary information. The Federal Office for Migration and Refugees (Bundesamt für Migration und Refugee) forwards the replies received from other Member States of the European Union to the competent immigration office. (3) The Federal Office for Migration and Refugees inform the competent authority of another Member State of the European Union of its own motion that a foreigner who has a long-term resident's legal status there shall be deported or deported to the European Union
1.
in the Member State of the European Union where the foreigner is eligible for long-term residence, or
2.
into an area outside the European Union
has been threatened or that such a measure has been carried out or that a corresponding removal order pursuant to section 58a has been issued or carried out. The notification shall indicate the main reason for the completion of the stay. The information will be provided as soon as the German authority, which arranges the measure in question pursuant to § 71, informs the Federal Office for Migration and Refugees of the intended or implemented measure. The authorities referred to in the third sentence shall immediately provide the Federal Office for Migration and Refugees with the necessary information. (4) In order to identify the alien, his personal data shall be transmitted in the case of communications pursuant to paragraphs 1 to 3. If, in the cases of paragraph 3, family members are also affected, who live with the long-term resident in a family life community, their personal data will also be transmitted. (5) The Federal Office for Migration and Refugees shall forward to the competent national authorities, requests from bodies of other Member States of the European Union in connection with the participation provided for in the second subparagraph of Article 22 (3) of Directive 2003 /109/EC. The responsible immigration authority shall inform the Federal Office for Migration and Refugees of the following information:
1.
the personal data of the long-term resident, who is entitled to a residence,
2.
decision-making and asylum-related decisions taken against or against them,
3.
Interests for or against repatriation to the territory of the Federal Republic of Germany or to a third country or
4.
Other circumstances which may be considered to be relevant for the decision of the Member State to be consulted in the residence permit.
Otherwise, it shall inform the Commission that no relevant information is known. The Federal Office for Migration and Refugees (Federal Office for Migration and Refugees) shall forward this information to the competent authority of the Member State of the European Union. (5a) The Federal Office for Migration and Refugees shall provide the competent authorities of the European Union with the competent authorities of the European Union. , at the request of another Member State of the European Union within one month of receipt of the request, on whether a foreigner in the Federal Republic of Germany continues to have the legal status of an internationally entitled (b) Contains the information provided by another Member State of the European Union Long-term residence permit-EU of an international guardian-the indication that this State grants this person international protection and is the responsibility for international protection within the meaning of § 2 (13) The Federal Office for Migration and Refugees (Bundesamt für Migration und Refugees) has asked the German Federal Office for Migration and Refugees to transfer the relevant legislation to Germany before the international protection authority has been granted a permit for permanent residence-EU pursuant to Section 9a. competent authority of the other Member State, the reference in the long-term (5c) In the case of a long-term resident of another Member State of the European Union, international protection within the meaning of Article 2 (13) shall be granted in Germany before a person is entitled to The Federal Office for Migration and Refugees (Bundesamt für Migration und Refugees) has been granted permission to stay in the EU according to § 9a, the competent body of the other Member State, in which the long-term residence permit issued there-EU is requested (6) The Federal Office of the Federal Republic of Germany Migration and refugees inform the relevant immigration office of the Office of the Office for the content of communications from other Member States of the European Union,
1.
where the other Member State of the European Union intends to take or carry out any measures to terminate the residence of a foreigner who has a permit to stay in the EU,
2.
according to which a foreigner who has a permanent residence permit has become a long-term resident of another Member State of the European Union or a resident of another Member State of the European Union He or she has been granted a residence permit or his residence permit.
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Section 91d Intra-Community information on the implementation of Directive 2004 /114/EC

(1) The Federal Office for Migration and Refugees shall, at the request of the competent authority of another Member State of the European Union, provide the information required to the competent authorities of the other Member State of the European Union to enable an assessment to be made as to whether the conditions for the issue of a residence permit pursuant to Article 8 of Directive 2004 /114/EC are met. The information shall include:
1.
the identity and identity of the host and the identity and travel document,
2.
Information on his current and earlier residence status in Germany,
3.
information on the criminal investigation procedures which have been completed or are known to the immigration authorities,
4.
any other data relating to the foreigner, provided that they are stored in the National Register of Foreigners ' Registers, or that are derived from the alien or visual list, and that the other Member State of the European Union has asked for its transmission.
At the request of the Federal Office for Migration and Refugees (Bundesamt für Migration und Refugee), the foreign authorities and the diplomatic missions abroad transmit the information required for the purpose of providing the information. (2) The missions abroad and the foreigners ' authorities can on the Federal Office for Migration and Refugees (Bundesamt für Migration und Refugee) Ask for information to the competent authorities of other Member States of the European Union, in so far as this is necessary in order to meet the requirements of the issuing of a residence permit pursuant to § (6) or of a corresponding visa. You can do this
1.
the identity of the alien,
2.
Information on his identity and travel document and on his residence permit issued in the other Member State of the European Union, and
3.
Information on the subject of the application for the residence permit and the place where the application is made
, and, in particular, to describe the content of the information requested. The Federal Office for Migration and Refugees (Bundesamt für Migration und Refugee) forwards information received to the relevant immigration authorities and foreign missions. The data transmitted in the information provided by the competent authorities of other Member States of the European Union may be used by the foreign authorities and foreign missions for this purpose. Unofficial table of contents

Section 91e Common rules for the temporary protection register and intra-Community data transfers

In the sense of § § 91a to 91d
1.
Personal data: name, in particular surname, name of birth, first name and former name, date of birth, place of birth, sex, nationality and home address in Germany,
2.
Information on the identity and travel document: type, number, issuing body, issue date and period of validity.
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Section 91f Information on the implementation of Directive 2009 /50/EC within the European Union

(1) The Federal Office for Migration and Refugees, as the national contact point within the meaning of Article 22 (1) of Directive 2009 /50/EC, shall inform the competent authority of another Member State of the European Union in which the foreigner has a Blue card EU has, on the content and the date of a decision on the issuing of a Blue Card EU. The authority which has taken the decision shall without delay provide the national contact point with the information required for this purpose. The national contact point can be provided with the data required for subsets in accordance with the first sentence of the Federal Foreign Office (Ausländerzentralregister) by the immigration authorities, using the AZR number. (2) The Federal Office for Migration and Refugees shall transmit annually to the competent institutions of the European Union
1.
the data referred to in Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the Compilation of statistics on foreign workers (OJ C 139, 30.4.2004 23) in connection with the issuing of Blue Cards EU, and
2.
a list of professions for which a salary has been determined in accordance with Article 5 (2) (1) of Directive 2009 /50/EC by means of a legal regulation in accordance with Article 19a (2) (1).

Chapter 8
Commissioner for Migration, Refugees and Integration

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Section 92 Office of the Officers

(1) The Federal Government appoints a commissioner or a commissioner for migration, refugees and integration. (2) The office of commissioners shall be established at a top federal authority and may be appointed by a member of the German Bundestag shall be clothed. Without the need for a permit (§ 5 para. 2 sentence 2 of the Federal Ministry of Ministers Act, § 7 of the Law on the Legal Conditions of Parliamentary State Secretaries), the commissioner may at the same time be an office under the law on legal relationships of the Parliamentary State Secretaries. In this case, the official management of the officers remains unaffected by the legal status under the law on the legal relations of the Parliamentary State Secretaries. (3) The personnel and equipment necessary for the performance of the tasks shall be shall be made available. The approach shall be shown in the section of the supreme federal authority in accordance with the first sentence of paragraph 2 in a separate chapter. (4) The Office shall end, except in the case of dismissal, with the meeting of a new Bundestag. Unofficial table of contents

Section 93 Tasks

The officers shall carry out the tasks,
1.
to promote the integration of migrants permanently resident in the territory of the Federal Republic of Germany and, in particular, to support the Federal Government in the further development of its integration policy, also with regard to labour market and social policy aspects, and to give suggestions for the further development of integration policy in the European context;
2.
further develop the conditions for as tension-free coexistence as possible between foreigners and Germans as well as different groups of foreigners, promote understanding for each other and counteract xenophobia;
3.
counteract unjustified unequal treatment in so far as they affect foreigners;
4.
to take appropriate account of the concerns of foreigners in the territory of the Federal Republic of Germany;
5.
inform about the legal possibilities of naturalisation;
6.
to ensure respect for the free movement rights of EU citizens living in the territory of the Federal Republic of Germany and to make proposals for them to be further developed;
7.
to encourage and support initiatives for the integration of migrants permanently resident in the territory of the Federal Republic of Germany, as well as in the countries and local authorities, as well as in the social groups;
8.
monitoring immigration into the territory of the Federal Republic and the European Union, as well as the development of immigration in other countries;
9.
in the areas of responsibility of paragraphs 1 to 8, cooperate with the authorities of the municipalities, countries, other Member States of the European Union and of the European Union itself, who have the same or similar tasks as the Commissioner;
10.
to inform the public of the areas of responsibility referred to in points 1 to 9.
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Section 94.

(1) The commissioner shall be involved as early as possible in the case of legislative projects of the Federal Government or individual Federal Ministries, as well as in other matters relating to their duties. It can make suggestions to the federal government and send comments. The Federal Ministries support the officers in the performance of their duties. (2) The commissioner shall report to the German Bundestag at least every two years a report on the situation of the foreigners in Germany. (3) Liegen the commissioner If there is sufficient evidence that public authorities of the federal government commit violations within the meaning of Section 93 (3) or otherwise do not respect the legal rights of foreigners, it may request an opinion. It may issue this opinion with its own assessment and forward it to the public authority and its authority. The public authorities of the Federal Government are obliged to provide information and answer questions. Personal data shall only be transmitted by the public authorities if the person concerned has contacted the official or the person concerned with the request to act in his/her case to the public authority or the consent of the applicant. is proven otherwise.

Chapter 9
Criminal and penal rules

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Section 95 Criminal Code

(1) With a custodial sentence of up to one year or a fine shall be punished, who
1.
Contrary to § 3 (1) in conjunction with Section 48 (2), it is to be held in the Federal territory,
2.
without the required residence permit in accordance with Article 4 (1), first sentence, in the Federal Republic of Germany, if:
a)
it is enforceable to be subject to travel,
b)
it has not been granted an exit period, or has expired, and
c)
whose deportation is not suspended,
3.
is entering the territory of the Federal Republic of Germany, contrary to § 14, paragraph 1, point 1 or 2,
4.
an enforceable order pursuant to § 46 (2) sentence 1 or 2 or § 47 (1) sentence 2 or 2 (2) is contrary,
5.
does not, contrary to Article 49 (2), make an indication, not correct or not complete, provided that the act is not punishable by punishment in paragraph 2 (2),
6.
Contrary to § 49 (10), a measure referred to there is not tolerated,
6a.
Contrary to § 54a of the obligation to report, repeatedly fails to comply with a notification obligation, repeatedly violates the territorial restrictions of the stay or other conditions or, despite repeated mention of the legal consequences of a refusal of the obligation to Do not comply with the residence or use certain means of communication contrary to Section 54a (4),
7.
is repeatedly contrary to a territorial restriction in accordance with Article 61 (1) or (1c), or
8.
in the federal territory of an association or group consisting mainly of foreigners, whose existence, objective or activity is kept secret from the authorities in order to prevent their prohibition.
(1a) Likewise, it shall be punished who intentionally applies an act referred to in § 404 (2) (4) of the Third Book of the Social Code or in § 98 (3) No. 1 for the stay in the territory of the Federal Republic of Germany in accordance with Article 4 (1) sentence 1 of a residence permit; and as a residence permit only has a Schengen visa according to § 6 para. 1 number 1. (2) With imprisonment of up to three years or a fine is punished, who
1.
contrary to § 11 (1) sentence 1
a)
to the territory of the Federal Republic of Germany or
b)
is holding up or
2.
incorrect or incomplete information is used or used in order to obtain a residence permit or acquiescence for himself or another, or to knowingly use such a certificate for the purpose of deception in legal transactions.
(3) In the cases referred to in paragraph 1 (3) and (1a) and (2) (1) (a), the experiment shall be punishable. (4) Items to which an offence referred to in paragraph 2 (2) relates may be recovered. (5) Article 31 (1) of the Convention on the (6) In the cases referred to in paragraph 1 (2) and (3), action without a required residence permit shall be taken to act on the basis of a threat, bribery or collusion, or through incorrect or undue diversion, or incomplete information is the same as the residence permit. Unofficial table of contents

Section 96 sluice-off of foreigners

(1) Imprisonment of up to five years or a fine shall be punishable by a person who instigates another person or who provides assistance to him, an act of imprisonment.
1.
in accordance with section 95 (1) (3) or (2) (1) (a), and
a)
is to be given an advantage or promise to do so, or
b)
is repeated or in favour of a number of foreigners; or
2.
in accordance with Article 95 (1) (1) or (2), (1a) or (2) (1) (b) or (2), and to receive an asset or promise to do so.
(2) With a term of imprisonment of six months to ten years, he shall be punished for who in the cases referred to in paragraph 1
1.
commercial,
2.
as a member of a gang that has committed itself to the continuing commission of such acts,
3.
a firearm, if the deed relates to an act in accordance with Article 95 (1) (3) or (2) (1) (a),
4.
a different weapon in its own right, in order to use it in the case where the act relates to an act in accordance with Article 95 (1) (3) or (2) (1) (a), or
5.
the enlightening of an inhuman or degrading treatment that is dangerous to life or the risk of serious damage to the health of the health.
(3) The experiment shall be punishable. (4) Paragraph 1 (1) (a), (2), (2), (1), (2) and (5) and (3) shall apply to infringements of the laws governing the entry and residence of foreigners in the territory of the Member States of the Member States of the Member States. European Union or a Schengen State if:
1.
they comply with the acts referred to in Article 95 (1) (2) or (3) or (2) (1); and
2.
the offender supports a foreigner who does not have the nationality of a Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area.
(5) In the cases referred to in paragraph 2 (1), including in conjunction with paragraph 4, and in paragraph 2 (2) to (5), Section 73d of the Penal Code shall apply. Unofficial table of contents

§ 97 sluices with death sequence; commercial and band-enduring sluice-in

(1) With imprisonment not under three years shall be punished who in the cases of § 96 (1), even in connection with § 96 (4), causes the death of the squabbling. (2) With imprisonment of one year to ten years shall be punished who in the Cases of § 96 (1), also in conjunction with Section 96 (4), as a member of a gang that has joined the continued commission of such acts are commercial. (3) In minder serious cases of paragraph 1, the sentence is a custodial sentence of imprisonment of one year to ten years, in minor cases of paragraph 2 imprisonment of six months to (4) § 73d of the Penal Code shall be applied. Unofficial table of contents

Section 98 Penal rules

(1) The conduct of an offence referred to in Article 95 (1) or (2) or (2) (1) (b) is unlawful. (2) The act is contrary to the law of order.
1.
Contrary to § 4 (5) sentence 1, proof does not result,
2.
Contrary to Article 13 (1), second sentence, the police control of cross-border traffic does not fall under the control of the police,
3.
, contrary to § 48 (1) or (3), first sentence, a document or document referred to in that paragraph shall not be presented in due time, shall not be handed over or shall not be handed over in due time, or shall not be handed over in time
4.
a fully-retractable arrangement according to § 44a (1) sentence 1 no. 3, sentence 2 or 3.
(2a) Contrary to the provisions of Section 4 (3) sentence 2, the person who intentionally or recklessly imparts a foreigner to a sustainable remuneration or service which the foreigner exercises for profit making. (3) Administrative Offlaw Who intentionally or negligently acts
1.
, contrary to Article 4 (3), sentence 1, carries on an independent activity,
2.
in accordance with § 12 (2) sentence 2 or (4) or a territorial restriction pursuant to § 54a (2) or § 61 (1) sentence 1 or (1c),
3.
, contrary to Article 13 (1), outside an approved border crossing point or outside the stipulated traffic hours, enters or leaves a passport or does not carry a passport or a log-in,
4.
an enforceable arrangement in accordance with § 46 (1), § 54a (1) sentence 2 or (3) or § 61 (1e),
5.
Contrary to § 54a (1) sentence 1, does not make a notification, not correct or not in time,
6.
Contrary to § 80 (4), one of the applications referred to there is not
7.
a legal regulation in accordance with Article 99 (1) (3a) (d), (7), (10) or (13a), first sentence, point (j), insofar as it refers to this fine for a particular case.
(4) In the cases referred to in paragraph 2 (2) and in paragraph 3 (3), the attempt to impose an administrative offence may be punished. (5) In the cases referred to in paragraph 2a, the administrative offence may be punishable by a fine of up to five hundred thousand euros, in the cases of the In the cases referred to in paragraphs 1 and 2 (1) and (3) and in paragraph 3 (3) with a fine of up to three thousand euros, and in the other cases, with a fine of up to EUR 5 000, paragraph 2 (2) and (3) (1) with a fine of up to three thousand euros in the cases referred to in paragraphs 1 and 2 of this paragraph. (6) Article 31 (1) of the Convention on the Status of Refugees remains unaffected.

Chapter 9a
Legal consequences of illegal employment

Unofficial table of contents

§ 98a Remuneration

(1) The employer shall be obliged to employ the foreigner whom he has employed without the authorization required under § 284 (1) of the Third Book of the Social Code or without the authorization required under § 4 (3) of the Code of Employment, which shall: to pay the agreed remuneration. The remuneration is presumed to have been paid by the employer to the foreigner for three months. (2) The usual remuneration is to be considered as the agreed remuneration, unless the employer has a lower or a lower rate of payment with the foreigner. (3) An entreprenter charged with the provision of work or services by another entrepre shall be liable for the fulfilment of the obligation of that entrepre to paragraph 1, such as a guarantor who shall be responsible for the presentation of the contract. (4) To the general contractor and to all intermediaries without a direct contractual relationship with the employer shall apply in accordance with paragraph 3, unless the general contractor or the intermediary business operator has not been aware that the employer is not a foreigner has employed the authorisation required under Section 284 (1) of the Third Book of the Social Code, or without the necessary authorization to take up employment pursuant to § 4 (3). (5) The liability under paragraphs 3 and 4 shall not apply if the entrepre proves that, due to careful consideration, he could assume that the (6) A foreigner who has not been granted the necessary authorisation pursuant to Section 284 (1) of the Third Book of the Social Code or without the necessary entitlement to gainful employment in accordance with Section 4 (3). (6) The scope of this Act without the authorization required under Section 284 (1) of the Third Book of the Social Code or without the right to gainful employment as required under Section 4 (3) may be brought to the satisfaction of the Payment obligations under paragraphs 3 and 4 also before a German court for work (7) The provisions of the Workers ' Posting Act remain unaffected. Unofficial table of contents

Section 98b Exclusion of subsidies

(1) The competent authority may refuse, in whole or in part, applications for subsidies within the meaning of section 264 of the Penal Code if the applicant or his or her pursuant to the statutes or the law are representative of the right of representation.
1.
in accordance with Article 404 (2) (3) of the Third Book of the Social Code with a fine of at least two thousand five hundred euros, has been legally fined, or
2.
in accordance with § § 10, 10a or 11 of the Schwarzarbeitsfought Act, a custodial sentence of more than three months, or a fine of more than 90 daily rates, has been legally convicted.
Rejections in accordance with the first sentence may take place over a period of up to five years from the legal force of the fine, the freedom or the fine, depending on the seriousness of the offence or the breach of the fine or the fine. (2) Paragraph 1 shall not apply if:
1.
a legal claim to the subsidy requested,
2.
the applicant is a natural person and the employment which was the subject of the infringement referred to in the first sentence of paragraph 1 served his private purposes; or
3.
the breach referred to in the first sentence of paragraph 1 was that a citizen of the Union had been illegally employed.
Unofficial table of contents

Section 98c exclusion from the award of public contracts

(1) Public entities under Section 98 (1) to (3), (5) and (6) of the Act against restrictions on competition may exclude an applicant or a tenderer from the competition for a supply, construction or service contract if the latter or his or her By statute or by law representative of the representative
1.
in accordance with Article 404 (2) (3) of the Third Book of the Social Code with a fine of at least two thousand five hundred euros, has been legally fined, or
2.
in accordance with § § 10, 10a or 11 of the Schwarzarbeitsfought Act, a custodial sentence of more than three months, or a fine of more than 90 daily rates, has been legally convicted.
Exclusions in accordance with the first sentence of the first sentence may, up to a period of up to five years from the legal force of the Member State, until the recovery of the reliability, depending on the seriousness of the breach of the fine, the breach of freedom or the fine, may be established. (2) Paragraph 1 shall not apply if the infringement referred to in the first sentence of paragraph 1 has been that a citizen of the Union has been illegally employed. (3) If a contracting authority has the power to do so, it shall be subject to the following: Article 21 (2) to (5) of the Workers ' Posting Act shall apply accordingly.

Chapter 10
Regulation appropriations; transitional and final provisions

Unofficial table of contents

Section 99 Regulation empowerment

(1) The Federal Ministry of the Interior is authorized, by means of a decree law with the consent of the Federal Council
1.
to facilitate the residence of aliens from the requirement of the residence permit, the procedure for the granting of exemptions and the continuation and further issuance of residence permits in accordance with this Law at the time of entry to regulate a ground of liberation and to restrict the management of the gainful employment of foreigners in the territory of the Federal Republic of Germany,
2.
to determine that the residence permit can be obtained before entry to the immigration office or after entry,
3.
determine the cases in which the issuing of a visa requires the consent of the Foreigners Authority in order to ensure the participation of other authorities involved,
3a.
More detailed information on the procedure for issuing residence permits to researchers in accordance with § 20, in particular:
a)
the conditions and procedure as well as the duration of the recognition of research institutions, the abolition of the recognition of a research institution and the conditions and content of the conclusion of admission agreements pursuant to § 20 (1) No 1,
b)
provision should be made for the publication of the addresses of recognised research institutions to be published by the competent authority responsible for recognition, and to indicate in the publications statements made pursuant to Article 20 (3),
c)
oblige foreign authorities and foreign missions to communicate to the competent authority the findings of recognised research institutions which can justify the lifting of the recognition;
d)
to oblige recognised research institutions, the omission of conditions for recognition, the omission of conditions for admission agreements which have been concluded, or the modification of other significant circumstances ,
e)
establishing a Advisory Council for Research Migration at the Federal Office for Migration and Refugees, which supports it in the recognition of research institutions and monitors and evaluates the application of § 20,
f)
the date of commencement of the processing of applications for recognition of research institutions,
3b.
to determine self-employed activities which, under certain conditions, are not required to be carried out in accordance with the first sentence of Article 4 (3),
4.
To exempt foreigners who enter into rescue and disaster situations in connection with the provision of assistance in the event of a disaster,
5.
to introduce or to allow other official German documents to be used as a register of water;
6.
official documents which have not been issued by the German authorities, in general terms as a register of water,
7.
to determine that, in order to safeguard the interests of the Federal Republic of Germany, foreigners who are exempt from the requirement of residence permits and foreigners entering with a visa at or after the entry of the aliens ' authority or a the other authority shall be notified of the stay,
8.
In order to enable or facilitate travel, it is necessary to determine that foreigners can be granted the already existing entitlement to return to the territory of the Federal Republic of Germany in a Passersatz,
9.
to determine the conditions under which an identity document can be issued and how long it is valid,
10.
the legal obligations of foreigners staying in the territory of the Federal Republic of Germany with regard to the issue and extension, loss and resurrection as well as the submission and delivery of a passport, register of passports and identification of documents and entries concerning entry, departure, arrival in the territory of the Federal Republic of Germany and decisions taken by the competent authorities in such documents;
11.
to determine the details of the register in accordance with Section 91a and the conditions and the procedure for the transmission of data,
12.
to determine how the residence of foreigners who have been granted temporary protection in accordance with Section 24 (1) may be transferred to another Member State of the European Union,
13.
More information on the requirements for photographs and fingerprints, as well as on the patterns and modalities for the forms to be used in the implementation of this law, as well as the inclusion and introduction of features in encrypted form Form in accordance with Article 78a (4) and (5),
13a.
Arrangements for travel documents for foreigners, travel documents for refugees and travel documents for stateless persons with electronic storage and processing medium in accordance with Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for Security features and biometrics in passports and travel documents issued by Member States (OJ L 136, 31.7.2006, p. 1) and of Regulation (EC) No 444/2009 of the European Parliament and of the Council of 28 May 2009 amending Council Regulation (EC) No 2252/2004 on standards for security features and biometrics in the Passports and travel documents issued by Member States (OJ L 136, 31.7.2006 1), as well as the production of documents containing electronic storage and processing media in accordance with section 78 of the Council Regulation (EC) No 1030/2002 of 13 June 2002 on the uniform format of the residence permit for third-country nationals (OJ L 136, 31.7.2001, p. 1) and Council Regulation (EC) No 380/2008 of 18 April 2008 amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals (OJ L 145, 31.5.2008, p. 1). 1) and, in so far as it relates to travel documents and documents in accordance with Section 78, to determine:
a)
the procedure and the technical requirements for the collection and quality assurance of the light image and fingerprints, as well as the protection of access to the data stored in the electronic storage and processing medium,
b)
Age limits for the collection of fingerprints and exemptions from the duty to deliver fingerprints and photographs,
c)
the order of the fingerprints to be stored in the absence of a index finger, insufficient quality of the fingerprint or injuries of the fingertip,
d)
the form of the procedure and details of the procedure for the transmission of all application data from the immigration authorities to the manufacturer of the documents and for the temporary storage of the application data with the Foreigners ' Office and the manufacturer,
e)
the storage of the fingerprints and the photograph in the immigration authority until the document is handed out;
f)
the right of access of the document holder to the data stored in the electronic storage medium,
g)
the requirements for the technical systems to be used for the electronic recording of the photograph and fingerprints, their quality assurance and for the transmission of the application data from the immigration authority to the manufacturer of the documents; and components and the procedure for verifying compliance with these requirements,
h)
Closer to the processing of the fingerprint data and the digital light image,
i)
Details of the serial number and the machine-readable personnel data page,
j)
the obligations of foreigners residing in the territory of the Federal Republic of Germany with regard to the exhibition, the re-application and renewal, the loss and resurrection, and the presentation and delivery of documents in accordance with § 78.
The Federal Ministry of the Interior is also authorized, with the consent of the Federal Council, to give details of the examination procedure in accordance with Section 34 (4) of the German Personnel Reference Act and details of the electronic identification of identity by means of the Federal Council in accordance with Section 34 (5) to (7) of the Staff Expulsion Law.
14.
to determine that the
a)
Reporting authorities,
b)
Nationality and certifying authorities according to § 15 of the Federal Displaced Persons Act (Bundesvertriebenengesetz),
c)
Passport and personnel identification authorities,
d)
Social and Youth Offices,
e)
Judicial, police and regulatory authorities,
f)
Federal Agency for Labour,
g)
Financial and main offices,
h)
Industrial authorities,
i)
Foreign missions and
j)
Support for basic insurance for jobseekers
without request, to inform the aliens authorities of personal data of foreigners, official acts and other measures against foreigners, as well as any other information about foreigners, in so far as this information is intended to fulfil the tasks of the aliens authorities are required under this law and according to foreign law provisions in other laws; the legal regulation determines the nature and extent of the data, the measures and the other findings that are to be communicated; Data transfers may only be provided in so far as the data for the performance of the Tasks of the Aliens authorities according to this Act or according to foreign law provisions are required in other laws.
15.
Rules on the subject-related electronic data transmission between the authorities responsible for the implementation of this law, relating to:
a)
the technical principles of the establishment of the standards used,
b)
the procedure for data transmission and
c)
the authorities involved in the electronic data transmission in the foreign sector.
(2) The Federal Ministry of the Interior is also authorized, with the consent of the Federal Council, to determine by means of a legal regulation that:
1.
each aliens authority carries out a file on foreigners who reside or reside in their district, who have submitted an application to it or who have indicated their entry and residence, and for and against which they are subject to a foreign-law measure or made a decision,
2.
each diplomatic mission may carry out a file on the requested, issued, cancelled, withdrawn, cancelled, revoked and delayed visas, as well as withdrawn visa applications, and the diplomatic missions abroad shall be entitled to the data stored there. together, and
3.
the authorities responsible for the implementation of this law shall carry out any other file necessary for the performance of their duties.
According to the first sentence of the first sentence, the personal data shall be recorded, including the nationality and address of the foreigner, details of the passport, the foreign-law measures and the collection in the Central Register of Foreign Nationals, as well as the former. Addresses of the foreigners, the competent immigration office and the filing of files to another immigration office. It also includes information on the use of a document in accordance with § 78 (1) on the proof of electronic identity, including its switching on and off, as well as blocking and unlocking. The power of the Foreigners Authorities to store further personal data is governed by the data protection regulations of the Länder. (3) The Federal Ministry of the Interior is empowered to act by law in agreement with the Federal Ministry of the Interior. Federal Foreign Office without the consent of the Federal Council to determine the competent authority within the meaning of Section 73 (1) and Section 73a (1). (3a) The Federal Ministry of the Interior is authorized to do so by means of a legal regulation in agreement with the Federal Foreign Office without Approval of the Federal Council in accordance with Article 3 (2) of Regulation (EC) No 810/2009 The states whose nationals must be in possession of a visa for airport transit through the international transit zones of German airports must be determined. (4) The Federal Ministry of the Interior may issue legal regulations in accordance with paragraph 1 (1) (1) and (2), in so far as it is necessary for the fulfilment of an intergovernmental agreement or for the protection of public interests, without the consent of the Federal Council, and shall amend A legal regulation under the first sentence shall not enter into force no later than three months after its entry into force. The validity period may be extended by means of a legal regulation with the consent of the Federal Council. Unofficial table of contents

§ 100 Language adjustment

Without the consent of the Bundesrat, the Federal Ministry of the Interior may, without the consent of the Federal Council, comply with the names of persons used in this Act, in so far as this is possible without amendment of the content of the regulations and linguistically appropriate, by Replace gender-neutral or through masculine and feminine personal names and make the linguistic adaptations that are caused by this. The Federal Ministry of the Interior may, after the adoption of a regulation in accordance with sentence 1, make known the wording of this law in the Federal Law Gazprom. Unofficial table of contents

Section 101 Continuation of previous residence rights

(1) A residence permit or permanent residence permit issued before 1 January 2005 shall continue to apply as a settlement permit in accordance with the purpose of the residence and the facts of the case, which are based on the grant of the residence permit. An open-ended residence permit issued in accordance with Section 1 (3) of the Law on Measures for Refugees received in the framework of humanitarian aid operations of 22 July 1980 (BGBl. 1057) or in appropriate application of the aforementioned law, and a subsequently granted residence permit shall continue to apply as a settlement permit pursuant to § 23 para. 2. (2) The remaining residence permits shall continue to apply. (3) A residence permit issued before 28 August 2007 with the words "permanent residence EC" shall be deemed to be a permit to be granted for the purpose of obtaining a residence permit. Permanent residence-EU fort. Unofficial table of contents

Section 102 Continuation of foreign law measures and offsetting

(1) The other foreign-law measures taken before 1 January 2005, in particular time and space restrictions, conditions and obligations, prohibitions and restrictions on political activity and expulsions, Deferment of deportation, suspensions of deportations and deportations, including their legal consequences and the freezing of their effects, as well as measures to promote the recognition of passports and documents and the exemptions from the Pastime, decisions on costs and fees, remain effective. Likewise, measures and arrangements relating to security benefits shall remain effective, even if they relate in whole or in part to periods after the entry into force of this Act. The same applies to the effects of the application according to § 69 of the Foreigners Act. (2) The time limit for the granting of a settlement permit in accordance with Section 26 (4) becomes the time of possession of a residence permit or a culling before 1 January 2005. Unofficial table of contents

Section 103 Application to date

For persons who, prior to the entry into force of this Act, are in accordance with § 1 of the Law on Measures for Refugees received in the framework of humanitarian aid operations of 22 July 1980 (BGBl. 1057), under Articles 2 to 34 of the Convention on the Status of Refugees, Articles 2a and 2b of the Law on Measures relating to Refugees received in the framework of humanitarian aid are to be found in the 1 January 2005. In these cases, Section 52 (1), first sentence, No. 4 shall apply accordingly. Unofficial table of contents

Section 104 Transitional arrangements

(1) An application for an indefinite residence permit or a residence permit submitted before 1 January 2005 shall be decided on the basis of the law applicable up to that date. Section 101 (1) shall apply. (2) In the case of foreigners who are in possession of a residence permit or residence permit before 1 January 2005, the decision on the issue of a settlement permit or a permit to grant a residence permit shall apply. Permanent residence-EU with regard to linguistic knowledge only necessary, that they can communicate in a simple way in German. § 9 (2), first sentence, no. 3 and 8 shall not apply. (3) In the case of foreigners who are legally resident in Germany before 1 January 2005, children born before that date shall be subject to § 20 of the Foreigners Act (Ausländergesetz) in the last valid version, unless the Residence Act grants a more favourable legal status. (4) The full-year old child of an expat who, until the entry into force of this law, is subject to the conditions of § 51. Article 25 (1) of the Foreigners Act (Ausländergesetz) has been established in accordance with Section 25 (1 2 a residence permit issued if the child was a minor at the time of the asylum application of the expo and at least since the inability to determine the conditions of Section 51 (1) of the Foreigners Act (Ausländergesetz) in the Federal territory is to be maintained and its integration is to be expected. The issue of a residence permit may be refused if the child has been sentenced to a youth or imprisonment of at least six months or a fine of at least 180 for an intentional offence over the last three years. (5) Foreigners who have been recognised as asylum-seekers between 1 January 2004 and 31 December 2004, or who, during this period, are subject to the conditions laid down in Article 51 (1) of the Aliens Act , or to which, during that period, an indefinite residence permit has been issued According to § 1 of the Law on Measures for Refugees received in the framework of humanitarian aid operations of 22 July 1980 (BGBl. 1057), or in the appropriate application of the aforementioned law, shall be entitled to the one-off free participation in an integration course according to § 44 (1) if it does not participate in the course of participation before 1 January 2005 (6) § 23 (2) in the version valid until 24 May 2007 applies in cases where the order of the supreme state authority, which is valid on the basis of the version valid until 24 May 2007, is valid. , the granting of a settlement permit in the case of particularly stored political interests of the Federal Republic of Germany. § 23 (2) sentence 5 and § 44 (1) no. 2 are applicable to the foreigners concerned and to the members of the family who are resident in the territory of the Federal Republic of Germany. (7) A settlement permit may also be granted to spouses, Living partners and minor minor children of an expo who are in possession of a residence permit in accordance with § 31 (1) of the Foreigners Act or a residence permit pursuant to Section 35 (2) of the Foreigners Act before 1 January 2005 if the conditions set out in Article 26 (4) have been met and if they continue to fulfil the conditions , according to which a residence permit according to § 31 of the Foreigners Act (Ausländergesetz) or a residence permit according to § 35 para. 2 of the Foreigners Act was allowed to be granted. (8) § 28 (2) in the version valid until 5 September 2013 continues Application to family members of a German who already held a residence permit pursuant to § 28 (1) on 5 September 2013. (9) Foreigners who have a residence permit in accordance with § 25 (3) because the Federal Office or the Foreigners ' Office noted that deportation bans in accordance with Section 60 (2), (3) or (7), second sentence, in the preceding subparagraph shall be published in the Pursuant to Article 4 (1) of the Asylum Procedures Act (Asylum Procedures Act), a residence permit pursuant to section 25 (2) sentence 1 of the second alternative shall be considered as subsidiary protection beneficiaries, unless the The Federal Office of Foreign Affairs has informed the Foreigners ' Office of the existence of exclusion status within the meaning of " § 25 (3) sentence 2 (a) to (d) in the version valid before 1 December 2013. The periods of possession of the residence permit in accordance with § 25 (3) sentence 1 in the version valid before 1 December 2013 shall be the same as periods of possession of a residence permit pursuant to § 25 (2) sentence 1 second alternative. § 73b of the Asylum Procedures Act applies accordingly. Unofficial table of contents

Section 104a AltfallScheme

(1) By way of derogation from § 5 (1) (1) and (2), a resident foreigner is to be granted a residence permit if he has been living on 1 July 2007 for at least eight years or, if he is a minor, together with one or more minor Children living in a domestic community have been patient, allowed or allowed to stay in the federal territory without interruption for at least six years, or have been granted a residence permit on humanitarian grounds in the Federal Republic of Germany.
1.
has sufficient housing,
2.
has sufficient oral knowledge of German within the meaning of level A2 of the Common European Framework of Reference for Languages,
3.
in the case of children of school age, the actual school attendance is proven,
4.
the immigration authority has not intentionally deceived any circumstances relevant to residence or has not intentionally delayed or obstructed administrative measures for the completion of the stay,
5.
does not have any references to extremist or terrorist organisations and does not support them, and
6.
has not been convicted of an intentional offence committed in the territory of the Federal Republic of Germany, with fines totting up to 50 daily rates or up to 90 daily rates for offences which, according to the Residence Act or the Asylum Procedures Act, only apply to: In principle, foreign nationals may be excluded.
If the foreigner secures his/her livelihood independently by gainful employment, the residence permit is granted in accordance with § 23 (1) sentence 1. In addition, it shall be granted in accordance with the first sentence; it shall be deemed to be the residence permit referred to in Chapter 2, Section 5; the provisions of Sections 9 and 26 (4) shall not apply. From the condition of the first sentence of the first sentence of 1 July 2008, it is possible to do so by 1 July 2008. The condition set out in the first sentence of sentence 1 shall not apply if the foreigner is unable to fulfil it because of a physical, mental or mental illness or disability or for reasons of age. (2) The patient's full-year full-age child shall be subject to a condition of Condoned foreigners who have been patient on 1 July 2007 for at least eight years or, if they have been living in a domestic community with one or more minor children, for at least six years, authorised or with a residence permit for humanitarian reasons in the Federal Republic of Germany , a residence permit can be issued in accordance with the first sentence of Article 23 (1) if it has been a minor in the course of entry into the country and it is guaranteed that, due to its training and living conditions, it will be included in the Conditions of life of the Federal Republic of Germany. The same shall apply to a foreigner who has been uninterrupted for at least six years as an unaccompanied minor, has been allowed or has been granted a residence permit on humanitarian grounds in the Federal Republic and in the case of the (3) If a family member living in a domestic community has criminal offences in the sense of the term, he or she shall be able to take part in the life of the Federal Republic of Germany. (3) of the first sentence of paragraph 1, sentence 1, point 6, shall result in the failure of the Residence permit according to this provision for other family members. Sentence 1 shall not apply to the spouse of an exporter who has committed criminal offences within the meaning of the first sentence of paragraph 1 of this Article if the spouse fulfils the conditions laid down in paragraph 1 and is required to avoid a particular hardship; to make it possible for him to stay. If, in exceptional cases, children are separated from their parents, their care must be ensured in Germany. (4) The residence permit can be granted on condition that the foreigner participates in an integration interview or an integration agreement is concluded. The residence permit entitles the person to take up gainful employment. (5) The residence permit shall be issued with a validity period until 31 December 2009. It is to be extended for a further two years as a residence permit pursuant to section 23 (1) sentence 1 if the livelihood of the foreigner until 31 December 2009 was mainly self-assured by gainful employment or if the foreigner At least since 1 April 2009, it has not only temporarily secured its living. For the future, in both cases, it is necessary to justify the assumption that the livelihood will be largely secured. In the case referred to in the fourth sentence of paragraph 1, the residence permit shall be issued first with validity until 1 July 2008 and shall be renewed only if the foreigner proves at the latest by then that he meets the condition set out in the first sentence of paragraph 1. § 81 (4) does not apply. (6) In the case of the extension of the residence permit, it is possible to deviate from paragraph 5 in order to avoid hardship. This shall apply to:
1.
Apprentices in recognised teaching professions or in state-sponsored vocational preparation measures,
2.
Families with children who are only temporarily dependent on additional social benefits,
3.
Single parents with children who are temporarily dependent on social benefits, and who cannot be expected to take up work in accordance with § 10 (1) No. 3 of the Second Book of the Social Code,
4.
Incapaciated persons whose livelihood, including the necessary care and care, is permanently secured in any other way without public service benefits, unless the benefits are based on contributions paid,
5.
Persons who will be at the age of 65 on 31 December 2009. If they do not have a family in their country of origin, but in the territory of the Federal Republic of Germany (children or grandchildren) with permanent residence, or if they are not in their own country, they have completed their life year. of German nationality, and to the extent to which it is ensured that no social benefits are used for this group of persons.
(7) Countries may order that, for reasons of security of the Federal Republic of Germany, a residence permit referred to in paragraphs 1 and 2 shall be refused by nationals of certain States. In order to safeguard the unity of the Federal Republic of Germany, the agreement with the Federal Ministry of the Interior is required. Unofficial table of contents

Section 104b Residence rights for integrated children of patient foreigners

By way of derogation from § 5 (1) (1), an underage-based child may, in the case of the departure of his or her parents or of the parent who is solely entitled to the right of personal service, be granted or extended a residence permit in accordance with Section 104a of the German law. (2) and § 10 (3), first sentence, an independent residence permit pursuant to section 23 (1) sentence 1 shall be issued if:
1.
it was 14 years old on 1 July 2007. Year of age,
2.
it has been legal or patient in Germany for at least six years,
3.
it dominates the German language,
4.
it has been incorporated into the living conditions of the Federal Republic of Germany as a result of its previous school education and lifestyle and it is guaranteed that it will continue to be in the living conditions of the Federal Republic of Germany , and
5.
to ensure that his staff is in place.
Unofficial table of contents

Section 105 Continuation of work permits

(1) A work permit issued before the entry into force of this Act shall retain its validity until the expiry of its period of validity. If a residence permit is issued under this Act, the work permit shall be deemed to be approved by the Federal Employment Agency for the purpose of receiving employment. The measures contained in the work permit must be included in the residence permit. (2) A work permit issued prior to the entry into force of this Act shall be deemed to be the full consent of the Federal Employment Agency for the purpose of taking up a work permit. Employment. Unofficial table of contents

Section 105a Provisions on administrative procedures

From the sentence 2 and 4 of the second sentence of § 4, paragraph 5, sentence 2, section 5 (3) sentence 3, § 15a (4) sentence 2 and 3, § 23 (1) sentence 3, § 23a (1) sentence 1, subsection 2 sentence 2, § 43 (4), § 44a (1) sentence 2, para. 3 sentence 1, § 49a para. 2, § 61 paragraph 1d, § 72 para. 1 to 4, § § § 61 paragraph 1d § § 78, 78a, § 79 (2), § 81 (5), § 82 (1) sentence 3, para. 3, section 87 (1), subsection 2 sentence 1 and 2, para. 4 sentence 1, 2 and 4, para. 5 and 6, § 89 (1) sentence 2 and 3, para. 3 and 4, § 89a para. 2, para. 4 sentence 2, para. 8, the § § 90, 90a, 90b, 91 (1) and (2), § 91a (3), (4) and (7), § 91c (1) sentence 2, subsection (2) sentence 2, (3) sentence 4 and (4) sentence 2, § § 99 and 104a (7) sentence 2, and of the regulations made on the basis of § 43 (4) and § 99 of the Administrative Procedure may not be deviated by national law. Unofficial table of contents

Section 105b Transitional provision for residence permits in accordance with uniform format

The residence permit referred to in Article 4 (1), second sentence, points 2 to 4, issued by the end of 31 August 2011 in accordance with a uniform format in accordance with § 78, in the version of this law in force until that date, shall be issued at the time of the new exhibition, but at the latest by the end of 31 August 2021 as independent documents with electronic storage and processing medium in accordance with § 78. Without prejudice to this, holders of a residence permit in accordance with Article 4 (1), second sentence, points 2 to 4, may apply for an independent document containing electronic storage and processing media in accordance with § 78 if they have a legitimate interest in the Present a new exhibition. Unofficial table of contents

Section 106 Restriction of fundamental rights

(1) The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law) and the freedom of the person (Article 2 (2) sentence 2 of the Basic Law) shall be restricted in accordance with this law. (2) The procedure at Deprivation of liberty is governed by Book 7 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. If it is to be decided on the continuation of the rejection detention or the detention order, the district court may, by means of an indisputable decision, issue the proceedings to the court in whose district the rejection or deportation detention in each case is completed. Unofficial table of contents

Section 107 Urban-state clause

The Senate of the Länder of Berlin, Bremen and Hamburg is authorized to adapt the provisions of this Act on the competence of authorities to the special administrative structure of their countries.