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What the New Migration Changes in Germany Mean for Third-Country Citizens

The revisions to the law on the right of residence and asylum for third-country citizens who are already in Germany were approved by Germany's Federal Parliament, Bundestag, with a majority of 371 votes.

The vote means that the long-awaited improvements that make it easier for foreigners who are already in the nation and in various situations to reside in Germany will be implemented soon.


The revisions, which were adopted at the beginning of this month, December 2, 2022, include making it easier for those without a stable status to seek residency and allowing young people who have lived in Germany for at least three years to stay longer.


Simultaneously, the Parliament has approved a measure that will speed asylum application procedures, thereby clearing the backlog of applications.


The legislation have not been universally approved in parliament, with some parties even calling them a "wrong incentive."


Those who do not have a permanent residence status now have a chance.

The new law will grant anyone who have lived in Germany for at least five years but do not acquire a stable resident status by October 31, 2022, the opportunity to stay for a year and a half (18 months).


During the 18-month period, individuals will be able to apply for a permanent right to stay in Germany and give proof that they meet the requirements, which include language abilities and an appreciation of German culture and way of life.



"That means language, work, and, of course, staying clean," FDP MP Muhanad Al-Halak stated of the standards that these people must achieve throughout the 18-month period.


"Around 137,000 of the approximately 248,000 tolerated persons could benefit from the new law," according to a statement on the matter published on the European Website on Integration.


Those who fail to achieve these standards over a period of 18 months will be demoted to the level of toleration.


Young People with Good Social Skills Can Stay in Germany After only three years

People who have not yet turned 28 will no longer have to wait four years to be granted the right to stay in Germany, since this period has been reduced to three years.


The latest amendments to German immigration regulations will allow 27-year-olds and younger to stay in Germany sooner if they can demonstrate that they have assimilated to German society and have learnt the language.


Tolerated individuals who have demonstrated exceptional integration successes will be granted the right to remain after six years, or even four if they live with minor children.


Skilled Workers Have It Easier Reuniting With Their Families

For a long time, Germany has struggled to address labour shortages, particularly in industries requiring trained people. Germany now imports thousands of foreign employees to the country under the Skilled Immigration Act, which was passed in 2020.


"We are now taking the opportunity to create new immigration rules so that skilled foreign employees can come to Germany more readily. This is desperately needed. Staff shortages in several sections of the business, from skilled trades to nursing, have resulted from the Corona crisis. "We want skilled individuals to be able to come to Germany swiftly and get off to a flying start," stated Nancy Faeser, Federal Minister of the Interior and Homeland Security, in early December.


However, in order to keep competent workers in the country and encourage more of them to apply for jobs in Germany, officials are now making it simpler for these people to bring their families with them.


The country has now removed the requirement for family members of skilled workers from non-EU countries to produce a language certificate.


Asylum Seekers Will Get Quicker Reactions to Their Applications

The new modifications will also allow asylum seekers to receive a decision on their application in less time.


For the time being, the maximum period for the processing of an asylum claim is six months, though this can be extended for an additional 18 months if necessary.


"Changes in asylum procedural rules should result in faster court rulings," according to the European Website on Integration.


It further reveals that in 2021, German authorities received a large number of complaints about asylum judgements, 38% of which were appealed.


The new guidelines will also establish a new system for asylum seekers to obtain independent advice on their application before submitting it.


"In addition, the regular review of asylum decisions is to be abolished, and revocation and withdrawal procedures will be carried out only on an ad hoc basis in the future in order to better utilise the capacities of the Federal Office for Migration and Refugees (Bamf)," the German parliament notes in a statement about the law.


Furthermore, Germany now intends to hold foreigners in detention until deportation for a maximum of six months after they are convicted of the crimes they have permitted, which is presently three months.


Visa Procedures for Indian Citizens Have Been Simplified

Following the announcement of changes to immigration regulations, Germany struck an agreement with India to boost student, trainee, and professional mobility, as well as to combat irregular migration and human trafficking.


The deal, according to Interior Minister Nancy Faeser, is a significant step for Germany in addressing the scarcity of employees in various critical areas, as well as a milestone for a greater German-Indian relationship in the area of migration.


Through the agreement, Germany would also be entitled to return to India Indian people who have been illegally present in the country.

By fLEXI tEAM



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