Building Knowledge for a Concerted and Sustainable Approach to Refugee Resettlement in the EU and its Member States

Residence Act (2004)

Legal and administrative framework

Abstract

The Residence Act (Aufenthaltsgesetz) was published on 30/07/2004 and last amended on 19/08/2007. It does not specifically mention resettlement, but Sections 22 and 23 (2) contain the legal basis for resettlement. Section 22 regulates admission from abroad:

“A foreigner may be granted a residence permit for the purpose of admission from abroad in accordance with international law or on urgent humanitarian grounds. A residence permit shall be granted if the Federal Ministry of the Interior or the body designated by the Federal Ministry of the Interior to uphold the political interests of the Federal Republic of Germany has declared that the foreigner is to be admitted. In the case of sentence 2, the residence permit shall entitle the holder to pursue an economic activity.”

Section 23 (2) contains a further legal basis for the issuance of a residence or settlement permit . It was applied in the case of the Iraqi refugees:

“In order to safeguard special political interests of the Federal Republic of Germany, in consultation with the supreme Land authorities the Federal Ministry of the Interior may order foreigners from specific states or certain categories of foreigners defined by other means to be granted approval for admission by the Federal Office for Migration and Refugees. No preliminary proceedings shall take place pursuant to Section 68 of the Code of Administrative Court Procedure. The foreigners concerned shall be issued with a residence permit or settlement permit, in accordance with the approval for admission. The settlement permit may be issued subject to a condition restricting the permissible place of residence. The residence permit entitles the holder to pursue an economic activity.”

Files attached to this content:

Residence Act (2004) in German

Residence Act (2004) in English