Residence Act of the Federal Republic of Germany (2004) (excerpts related to Trafficking in Human Beings) (English)
Federal Law Gazette Volume 2004, Part I, No. 41, issued in Bonn on 5 August 2004
Residence Act (30 June 2004)
last amended by the Act Amending the Residence Act and other acts of 14
March 2005 (Federal Law Gazette I, p. 721)
(...)
Section 2
Entry into and residence in the Federal territory
Part 1
General
Section 3 Passport obligation
(1) Foreigners may only enter or stay in the Federal territory if they are in possession of a recognised and valid passport or passport substitute, unless they are exempt from the passport obligation by virtue of a statutory instrument.
(2) In justified isolated cases, the Federal Ministry of the Interior or a body designated by the Federal Ministry of the Interior may permit exemptions from the passport obligation prior to the foreigner entering Federal territory for the purposes of crossing the border, and for a subsequent stay of up to six months.
Section 4 Requirement for a residence title
(1) In order to enter and stay in the Federal territory, foreigners shall require a residence title, in the absence of any provisions to the contrary in the law of the European Union or a statutory instrument and except where a right of residence exists as a result of the agreement to establish an association between the European Economic Community and Turkey of 12 September 1963 (Federal Law Gazette 1964 II, p. 509) (EEC/Turkey Association Agreement). The residence titles are granted in the form of a
1. visa (Section 6),
2. residence permit (Section 7) or
3. settlement permit (Section 9).
(2) A residence title shall entitle the holder to pursue an economic activity insofar as this is laid down in this Act or the residence title expressly permits pursuit of an economic activity. Every residence title must indicate whether the pursuit of an economic activity is permitted. A foreigner who is not in possession of a residence permit for the purpose of employment can only be permitted to take up employment if the Federal Employment Agency has granted its approval or a statutory instrument stipulates that taking up the employment concerned is permissible without the approval of the Federal Employment Agency. Any restrictions imposed by the Federal Employment Agency in granting approval are to be specified in the residence title.
(3) Foreigners may only take up employment if the residence permit so allows, and may only be employed by employers if they possess such a residence title. This restriction shall not apply if the foreigner is permitted to pursue an economic activity without holding a residence title, by virtue of an inter-governmental agreement, a law or a statutory instrument.
(4) A residence permit shall also be required by foreigners who are employed as crew members of an ocean-going vessel which is entitled to fly the German flag.
(5) A foreigner who possesses a right of residence in accordance with the EEC/Turkey Association Agreement is obliged to furnish evidence of the existence of said right of residence through the possession of a residence permit. Said residence permit shall be issued on application.
Section 5 General preconditions for the granting of a residence title
(1) The granting of a residence title shall generally require fulfilment of the passport obligation in accordance with Section 3 and shall further presuppose
1. that the foreigner's livelihood is secure,
1a. that the foreigner's identity is established, and also their nationality, if they are not entitled to return to another state,
2. that no grounds for expulsion apply and
3. insofar as the foreigner has no entitlement to the granting of a residence title, that foreigner's residence does not compromise or jeopardise the interests of the Federal Republic of Germany for any other reason.
(2) The granting of a residence permit or a settlement permit further presupposes that the foreigner
1. has entered the country with the necessary visa and
2. has already furnished the key information required for granting of the title in his or her visa application.
These requirements may be waived if the prerequisites qualifying a foreigner for the granting of a residence title are met or if special circumstances relating to the individual case concerned render a subsequent visa application procedure unreasonable.
(3) In the cases pertaining to the granting of a residence title in accordance with Section 24, 25 (1) to (3) and Section 26 (3), sub-sections 1 and 2 are to be waived; application of the said sub-sections may be waived in the other cases pertaining to the granting of a residence title in accordance with Section 2 (5).
(4) A residence title shall be refused if one of the grounds for expulsion pursuant to Section 54, nos. 5 or 5a applies. Exemptions from sentence 1 may be approved in justified individual cases, if the foreigner divulges said activities or allegiances to the competent authorities and credibly distances himself or herself from his or her actions posing a threat to security. In justified individual cases, the Federal Ministry of the
Interior or a body designated by the Federal Ministry of the Interior may permit exemptions from sentence 1 prior to the foreigner entering the country for the purposes of crossing the border, and for a subsequent stay of up to six months.
Section 6 Visa
(1) A foreigner may be issued
1. a Schengen visa for transit purposes or
2. a Schengen visa for stays of up to three months per six-month period (short-term stay),
if the requirements for issuance as stipulated in the Convention Implementing the Schengen Agreement and the appurtenant implementing regulations are fulfilled.
In exceptional cases, the Schengen visa may be issued when the requirements for issuance as stipulated in the Convention Implementing the Schengen Agreement are not fulfilled, for reasons of international law or on humanitarian grounds or to safeguard the interests of the Federal Republic of Germany. In such cases, the geographic validity shall be restricted to the territory of the Federal Republic of Germany.
(2) The visa for short-term stays may also be issued for several stays with a validity period of up to five years, subject to the proviso that the respective stays must not exceed three months within a period of six months beginning on the date of initial entry.
(3) In special cases, a Schengen visa issued in accordance with sub -section 1, sentence 1 may be extended up to a total stay of three months within a period of six months beginning on the date of initial entry. This provision shall also apply if the visa has been issued by a diplomatic representation abroad of another state applying the Schengen agreement. A further extension of the visa by three months within the sixmonth period concerned shall only be possible subject to the requirements of subsection 1, sentence 2.
(4) A visa for the Federal territory (national visa) shall be required for stays of longer duration, whereby this visa shall be issued prior to the foreigner entering the Federal territory. Issuance shall be based on the regulations applying to the residence permit and settlement permit. The duration of lawful stay with a national visa shall be offset against the periods of possession of a residence permit or a settlement permit.
Section 7 Residence permit
(1) The residence permit is a temporary residence title. It is issued for the purposes of residence stated in the following Parts of this Act. In justified cases, a residence permit may also be issued for a purpose of residence which is not covered by this Act.
(2) The residence permit shall be subject to a time limit which takes due account of the intended purpose of residence. Should a vital prerequisite for issuance, extension or the duration of validity cease to apply, subsequent shortening of the validity period shall also be possible.
Section 8 Extension of the residence permit
(1) Extension of the residence permit shall be subject to the same regulations as apply to issuance.
(2) As a general rule, the residence permit shall not be extendable if the competent authority has excluded an extension in the case of a stay which is of only a temporary nature in accordance with the purpose of residence or at the time of the last extension of the residence permit.
(3) If a foreigner breaches his or her obligation to duly attend an integration course pursuant to Section 44a (1), sentence 1, no. 1, this shall be taken into account in the decision on extension of the residence permit. If the foreigner is not entitled to a residence permit, extension of the residence permit may be refused. The duration of lawful stay, the foreigner's legitimate ties to the Federal territory and the consequences for dependents of the foreigner who are lawfully resident in the Federal territory shall be taken into account in the decisions pursuant to sentences 1 and 2.
Section 9 Settlement permit
(1) The settlement permit is a permanent residence title. It entitles the holder to pursue an economic activity, is not subject to any time limits or geographic restrictions and must not incorporate any subsidiary provisions. Section 47 remains unaffected.
(2) A foreigner shall be granted the settlement permit provided that
1. he or she has held a residence permit for five years,
2. his or her livelihood is secure,
3. he or she has paid compulsory or voluntary contributions into the statutory pension scheme for at least 60 months or furnishes evidence of an entitlement to comparable benefits from an insurance or pension scheme or from an insurance company; time off for the purposes of child care or nursing at home shall be duly taken into account,
4. he or she has not been sentenced to a term of youth custody or a prison term of at least six months or a fine of at least 180 daily rates due to an intentionally committed offence,
5. he or she is permitted to be in employment, insofar as he or she is in employment,
6. he or she is in possession of the other permits which are required for the purpose of the permanent pursuit of his or her economic activity,
7. he or she has an adequate knowledge of the German language,
8. he or she possesses a basic knowledge of the legal and social system and the way of life in the Federal territory and
9. he or she possesses sufficient living space for himself or herself and the members of his or her family forming part of his or her household.
The requirements of sentence 1, nos. 7 and 8 shall be deemed to be fulfilled if an integration course has been successfully completed. These requirements shall be waived if the foreigner is unable to fulfil them on account of a physical, mental or psychological illness or handicap. The requirements of sentence 1, nos. 7 and 8 may also be waived in order to avoid hardship. The aforesaid requirements shall further be waived if the foreigner is able to communicate verbally in the German language at a basic level and has not been entitled to participate in an integration course pursuant to Section 44 (3), no. 2 or has not been obliged to participate in an integration course pursuant to Section 44a (2), no. 3. The requirements of sentence 1, nos. 2 and 3 shall also be waived if the foreigner is unable to fulfil them due to the grounds stated in sentence 3.
(3) In the case of cohabiting spouses, it shall suffice if the requirements in accordance with sub-section 2, sentence 1, nos. 3, 5 and 6 are fulfilled by one spouse. The requirement in accordance with sub-section 2, sentence 1, no. 3 shall be waived, if the foreigner is undergoing education or training which leads to a recognised academic or vocational qualification. Sentence 1 shall apply mutatis mutandis in the cases covered by Section 26 (4).
(4) In the case of convicted foreigners, the period specified in sub-section 2, sentence 1, no. 4 shall begin on release from imprisonment. The following periods shall be taken into account with regard to the periods of possession of a residence permit which are necessary in order to qualify for issuance of a settlement permit:
1. The duration of former possession of a residence permit or settlement permit, if the foreigner was in possession of a settlement permit at the time of leaving the Federal territory, minus the duration of intermediate stays outside of the Federal territory which led to expiry of the settlement permit; a maximum of four years shall be taken into account.
2. A maximum of six months for each stay outside of the Federal territory which has not led to expiry of the residence permit.
Section 10 Mutual effects of residence titles and applications for asylum
(1) In the absence of a legal entitlement, a foreigner who has filed an application for asylum may only be granted a residence title prior to legally valid completion of the asylum procedure with the approval of the supreme Land authority, and only when vital interests of the Federal Republic of Germany so require.
(2) A residence title issued or extended by the foreigners authority after the foreigner has entered the Federal territory can be extended in accordance with the provisions of this Act, irrespective of whether the foreigner has filed an application for asylum.
(3) A foreigner whose asylum application has been incontestably rejected or who has withdrawn his or her asylum application may only be granted a residence title prior to leaving the Federal territory in accordance with the provisions of Part 5. If the asylum application has been rejected in accordance with Section 30 (3) of the Asylum Procedure Act, no residence title may be issued prior to the foreigner leaving the Federal territory. Sentences 1 and 2 shall not apply in cases of entitlement to the issuance of a residence title.
Section 11 Ban on entry and residence
(1) A foreigner who has been expelled, removed or deported shall not be permitted to re-enter or stay in the Federal territory. He or she shall not be granted a residence title, even if the requirements entitling him or her to a title in accordance with this Act are fulfilled. Time limits shall generally be applied to the effects stated in sentences 1 and 2 on application. The time limit begins upon the person concerned leaving the Federal territory. No time limit shall be applied if a foreigner has been deported from the Federal territory on account of a crime against peace, a war crime or a crime against humanity, or on the basis of a deportation order pursuant to Section 58 a.
The supreme Land authority may permit exemptions from sentence 5 in individual cases.
(2) By way of exception, the foreigner may, except in cases covered by sub-section 1, sentence 5, be granted temporary entrance into the Federal territory for a short period prior to expiry of the exclusion period stipulated in accordance with subsection 1, sentence 3, if his or her presence is required for compelling reasons or if the refusal of permission would constitute undue hardship. Sub-section 1, sentence 6 shall apply mutatis mutandis in cases pursuant to sub-section 1, sentence 5.
Section 12 Area of application; subsidiary provisions
(1) The residence title is issued for the Federal territory. Its validity in accordance with the provisions of the Convention Implementing the Schengen Agreement for residence in the territories of the parties signatory shall remain unaffected.
(2) The visa and the residence permit may be issued and extended subject to conditions. Conditions, in particular geographic restrictions, may also be imposed subsequently on visa and residence permits.
(3) A foreigner is to leave forthwith any part of the Federal territory which he or she may enter in breach of a geographic restriction without the permission of the foreigners authority.
(4) The stay of a foreigner who does not require a residence title may be made subject to time limits, geographic restrictions, conditions and requirements.
(5) The foreigners authority may permit the foreigner to leave the residence area which is restricted on the basis of this Act. This permission shall be granted if an urgent public interest applies, if it is necessary for compelling reasons or if refusing permission would constitute undue hardship. The foreigner may attend appointments with authorities or court hearings at which his or her personal appearance is necessary without permission.
Part 2
Entry
Section 13 Border crossing
(1) Entry into and exit from the Federal territory is permissible only at the approved border crossing points and within the stipulated traffic hours, in the absence of any exceptions which may be permissible on the basis of other statutory provisions or inter-governmental agreements. Foreigners shall be obliged to carry a recognised and valid passport or passport substitute in accordance with Section 3 (1) when entering or leaving the Federal territory and to submit to the police control of crossborder traffic.
(2) A foreigner shall be deemed to have entered the Federal territory only after having crossed the border and passed through the border check-point. Should the authorities charged with carrying out the police control of cross-border traffic allow a foreigner to pass through the border check-point for a specific temporary purpose prior to a decision on the refusal of entry (Section 15 of this Act, Sections 18, 18a of the Asylum Procedure Act) or during preparation, safeguarding and implementation of this measure, this shall not constitute entry pursuant to sentence 1 as long as the said authorities remain able to monitor the foreigner's stay. The foreigner shall otherwise be deemed to have entered the Federal territory on crossing the border.
Section 14 Unlawful entry; exceptional visa
(1) The entry of a foreigner into the Federal territory shall be unlawful if he or she
1. does not possess a required passport or passport substitute in accordance with Section 3 (1),
2. does not possess the residence title required in accordance with Section 4 or
3. is not permitted to enter the Federal territory in accordance with Section 11 (1), unless he or she possesses a temporary entry permit in accordance with Section 11 (2). 2.
(2) The authorities charged with carrying out the police control of cross-border traffic may issue exceptional visa and passport substitute documents.
Section 15 Refusal of entry
(1) A foreigner wishing to enter the Federal territory unlawfully shall be refused entry at the border.
(2) A foreigner may be refused entry at the border if
1. a reason for expulsion exists,
2. there is a well-founded suspicion that the foreigner does not intend to stay in the country for the stated purpose or
3. he or she does not fulfil the conditions for entry into the territory of the parties signatory in accordance with Article 5 of the Convention Implementing the Schengen Agreement.
(3) A foreigner who is exempted from the requirement for a residence title for the purpose of a temporary stay in the Federal territory may be refused entry if he or she does not fulfil the requirements of Section 3 (1) and Section 5 (1).
(4) Section 60 (1) to (3), (5), (8) and (9) and Section 62 shall apply mutatis mutandis.
A foreigner who has filed an application for asylum may not be refused entry if he or she is permitted to stay in the Federal territory in accordance with the provisions of the Asylum Procedure Act.
Section 15 a Allocation to the Länder of foreigners who have entered the Federal territory unlawfully
(1) Foreigners who enter the country illegally without applying for asylum and who, upon their illegal entry being established, cannot be placed in custody pending deportation and deported or expelled directly from custody are to be allocated to the respective Länder prior to the decision on the suspension of deportation or issuance of a residence title. They are not entitled to be allocated to a specific Land or a specific town or location. Allocation to the Länder shall be carried out by a central allocation agency to be appointed by the Federal Ministry of the Interior. In the absence of any divergent allocation basis agreed between the Länder, the allocation basis stipulated for the allocation of asylum seekers shall apply. Each Land shall appoint up to seven authorities to initiate allocation by the agency appointed in accordance with sentence 3 and to admit the allocated foreigners. If the foreigner furnishes evidence prior to allocation that a household community exists between spouses or parents and their minor children or that other compelling reasons exist which conflict with allocation to a certain place, this shall receive due consideration in the allocation process.
(2) The foreigners authorities may oblige foreigners to present themselves to the authority initiating allocation. This shall not apply when due consideration is to be accorded to submissions in accordance with sub -section 1, sentence 6. An obligation imposed in accordance with sentence 1 shall not be contestable. Any legal actions shall have no suspensory effect.
(3) The central allocation agency informs the authority which has initiated allocation as to the reception centre which is obliged to admit the foreigners concerned pursuant to sentences 2 and 3. When the Land whose authority has initiated allocation has not fulfilled its admission quota, the Land's reception centre located nearest to this authority with available admission capacity shall be obliged to admit the foreigners concerned. Otherwise, the reception centre designated by the central allocation agency on the basis of the allocation quota pursuant to Section 45 of the Asylum Procedure Act and the available accommodation capacities shall be obliged to admit the foreigners concerned. Section 46 (4) and (5) of the Asylum Procedure Act are to be applied mutatis mutandis.
(4) In the cases covered by sub-section 3, sentence 3, the authority which has initiated allocation pursuant to sub-section 3 shall order the foreigner to report to the reception centre designated as a result of the allocation process; in the cases covered by sub-section 3, sentence 2, the said authority may issue such an order.
The foreigners authority shall forward the result of the hearing to the authority initiating allocation, which shall notify the central allocation agency of the number of foreigners, stating the countries of origin and the results of the hearing. Spouses and parents and their minor, unmarried children shall be registered and allocated as a group. The foreigner is to stay at this reception centre until re-allocated to another location within the Land, but until suspension of deportation or until issuance of a residence title at the latest; Sections 12 and 61 (1) shall remain unaffected. The Land governments shall be authorised to regulate allocation within the Land by statutory instrument, insofar as allocation is not regulated by Land law on the basis of this Act; Section 50 (4) of the Asylum Procedure Act shall apply mutatis mutandis.
The Land governments may assign the said authorisation to other bodies of the Land. Orders pursuant to sentence 1 shall not be contestable. Any legal actions shall have no suspensory effect. Sentences 7 and 8 shall apply mutatis mutandis, if an allocation order is issued on the basis of a Land law or a statutory instrument pursuant to sentence 5.
(5) Following allocation, the competent authorities may permit the foreigner to take up residence in another Land. Following a permitted change of residence, the foreigner shall be deducted from the quota for the Land from which he or she is released and added to the quota for the admitting Land.
(6) The provisions of sub-sections 1 to 5 shall not apply to persons who verifiably entered the Federal territory prior to 1 January 2005.
Part 3
Residence for educational purposes
Section 16 Further education; language courses; school education
(1) A foreigner may be granted a residence permit for the purpose of applying to study and studying at a state or state-recognised university or comparable educational establishment, including preparatory measures for a course of study. The period of validity should not exceed two years when the residence permit is issued for the first time in connection with preparatory measures for a course of study. For study purposes, the residence permit shall be issued for two years and shall be extendable by subsequent periods of up to two years if the purpose of the stay has not yet been achieved and is achievable within a reasonable period. The maximum permissible duration of residence for a foreigner applying for a place to study is nine months.
(2) As a general rule, no residence permit for another purpose of residence shall be granted or extended during the stay in accordance with sub-section 1, unless a legal entitlement applies. Section 9 shall not apply.
(3) The residence permit entitles the holder to take up employment totalling no more than 90 days or 180 half-days per year, and to take up spare-time student employment.
(4) After successful completion of the studies, the residence permit may be extended by up to one year for the purposes of seeking a job commensurate with this qualification, provided that it is permissible to fill the vacancy concerned with foreigners in accordance with the provisions contained in Sections 18 to 21. Section 9 shall not apply.
(5) A foreigner may be granted a residence permit to attend language courses which do not serve to prepare him or her for a course of study and, in exceptional cases, for the purpose of attending school education. Sub-section 2 shall apply mutatis mutandis.
Section 17 Other educational purposes
A foreigner may be issued a residence permit for the purpose of basic and advanced industrial training, if the Federal Employment Agency has granted approval in accordance with Section 39 or if a statutory provision in accordance with Section 42 or an inter-governmental agreement stipulates that such basic and advanced vocational training is permissible without approval from the Federal Employment Agency. Any restrictions imposed by the Federal Employment Agency in granting approval are to be specified in the residence permit. Section 16 (2) shall apply mutatis mutandis.
Part 4
Residence for the purpose of economic activity
Section 18 Employment
(1) The admission of foreign employees shall be geared to the requirements of the German economy, according due consideration to the situation on the labour market and the need to combat unemployment effectively. International treaties shall remain unaffected.
(2) A foreigner may be granted a residence title for the purpose of taking up employment if the Federal Employment Agency has granted approval in accordance with Section 39 or if a statutory provision in accordance with Section 42 or an intergovernmental agreement stipulates that such employment may be taken up without approval from the Federal Employment Agency. Any restrictions imposed by the Federal Employment Agency in granting approval are to be specified in the residence title.
(3) A residence permit for the purpose of taking up employment pursuant to subsection 2 which does not require a vocational qualification may only be issued if regulated by an inter-governmental agreement or if issuance of approval for a residence permit for the said employment is permissible by virtue of a statutory instrument in accordance with Section 42.
(4) A residence title for the purpose of taking up employment pursuant to sub-section 2 which requires a vocational qualification may only be issued for employment in an occupational group which has been approved by virtue of a statutory instrument in accordance with Section 42. In justified individual cases, a residence permit may be issued for the purpose of taking up employment when there is a public interest, and in particular a regional interest or an interest relating to the economy or the labour market.
(5) A residence title in accordance with sub-section 2 and Section 19 may only be issued if a concrete job offer exists.
Section 19 Settlement permit for highly qualified foreigners
(1) A highly qualified foreigner may be granted a settlement permit in special cases if the Federal Employment Agency has granted approval in accordance with Section 39 or if a statutory provision in accordance with Section 42 or an inter-governmental agreement stipulates that the settlement permit may be granted without approval from the Federal Employment Agency in line with Section 39 and there are justifiable grounds to assume that integration into the way of life which prevails in the Federal Republic of Germany and ensurance of the foreigner's subsistence without state assistance are assured. The Land government may stipulate that issuance of the settlement permit pursuant to sentence 1 requires the approval of the supreme Land authority or a body to be designated by the latter.
(2) Highly qualified persons in accordance with sub -section 1 are, in particular,
1. scientists with special technical knowledge,
2. teaching personnel in prominent positions or scientific personnel in prominent positions, or
3. specialists and executive personnel with special professional experience who receive a salary corresponding to at least twice the earnings ceiling of the statutory health insurance scheme.
Section 20
(v o i d)
Section 21 Self-employment
(1) A foreigner may be granted a residence permit for the purpose of selfemployment, if
1. an overriding economic interest or a special regional need applies,
2. the activity is expected to have positive effects on the economy and 3. personal capital on the part of the foreigner or a loan undertaking is available to realise the business idea.
The prerequisites specified in sentence 1, nos. 1 and 2 are generally met when at least 1 million euros is invested and ten jobs are created. Assessment of the prerequisites in accordance with sentence 1 shall otherwise focus in particular on the viability of the business idea forming the basis of the application, the foreigner's entrepreneurial experience, the level of capital investment, the effects on the employment and training situation and the contribution towards innovation and research. The competent bodies for the planned business location, the competent trade and industry authorities, the representative bodies for public-sector professional groups and the competent authorities regulating admission to the profession concerned shall be involved in examining the application.
(2) A residence permit for the purpose of self-employment may also be granted if special privileges apply according to agreements under international law on the basis of reciprocity.
(3) Foreigners aged over 45 shall receive a residence permit only if they possess adequate provision for old age.
(4) The period of validity of the residence permit shall be limited to a maximum of three years. By way of derogation from Section 9 (2), a settlement permit may be issued after three years, if the foreigner has successfully realised the planned activity and his or her livelihood is assured.
Part 5
Residence under international law or on humanitarian or political grounds
Section 22 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 Granting of residence by the supreme Land authorities
(1) The supreme Land authority may order a residence permit to be granted to foreigners from specific states or to certain groups of foreigners defined by other means, in accordance with international law, on humanitarian grounds or in order to uphold the political interests of the Federal Republic of Germany. The order may be issued subject to the proviso that a declaration of commitment be submitted in accordance with Section 68. In order to ensure a nationwide uniform approach, the order shall require the approval of the Federal Ministry of the Interior.
(2) When special political interests of the Federal Republic of Germany apply, the order may provide for the persons concerned to be granted a settlement permit. In such cases, a condition restricting the permissible geographic area of residence may be issued by way of derogation from Section 9 (1).
(3) The order may provide for Section 24 to be applied mutatis mutandis, either in part or in its entirety.
Section 23 a Granting of residence in cases of hardship
(1) By way of derogation from the prerequisites for the issuance and extension of residence titles as stipulated in this Act, the supreme Land authority may, on petition from a Hardship Commission to be established by the Land government by virtue of a statutory instrument, order a residence permit to be issued to a foreigner who is unappealably obliged to leave the Federal territory (hardship petition). According to the individual case concerned, the said order may be issued with due consideration as to whether the foreigner's subsistence is assured or a declaration of commitmen is submitted in accordance with Section 68. A case of hardship will not generally be considered if the foreigner has committed an offence of considerable severity. The authority to grant residence represents the public interest only and does not constitute any rights on the part of the foreigner.
(2) The Land governments are authorised to establish a Hardship Commission in accordance with sub-section 1 by virtue of a statutory ins trument, to specify the procedure, grounds for exclusion and qualified requirements pertaining to a declaration of commitment pursuant to sub-section 1, sentence 2, including conditions to be met by the party submitting such a declaration, and to assign the authority to issue orders pursuant to sub-section 1, sentence 1 to other bodies. The Hardship Commissions shall take action solely on their own initiative. No third parties can require a Hardship Commission to take up a specific individual case or to make a specific decision. A Hardship Commission may only decide to file a hardship petition after establishing that urgent humanitarian or personal grounds justify the foreigner's continued presence in the Federal territory.
(3) If a foreigner who is dependent on social welfare and who has been issued a residence permit in accordance with sub-section 1 relocates to the area of responsibility of another institution, the social welfare institution in whose area of responsibility a foreigners authority has issued the residence permit shall be required to reimburse the costs accruing to the local social welfare institution which now bears responsibility for the foreigner concerned for a maximum period of three years from the date of issue of the residence permit. The same shall apply mutatis mutandis for the subsistence payments stipulated in Section 6 (1), sentence 1, no. 2 of Book Two of the Social Code.
Section 24 Granting of residence for temporary protection
(1) A foreigner who is granted temporary protection on the basis of a resolution by the Council of the European Union pursuant to directive 2001/55/EC and who declares his or her willingness to be admitted into the Federal territory shall be granted a residence permit for the duration of his or her temporary protection as assessed in accordance with Articles 4 and 6 of said directive.
(2) No temporary protection shall be granted if one of the conditions stipulated in Section 60 (8) applies; the residence permit shall be refused.
(3) The persons admitted on the basis of a resolution pursuant to sub-section 1 shall be allocated to the various Länder. The Länder may agree quotas for admission to grant temporary protection and for allocation. Allocation to the various Länder shall be carried out by the Federal Office for Migration and Refugees. In the absence of any divergent allocation basis agreed between the Länder, the allocation basis stipulated for the allocation of asylum seekers shall apply.
(4) The supreme Land authority or the body appointed by the same shall pass an allocation ruling. The Land governments are authorised to regulate allocation within the Länder via statutory instruments, and may assign this authorisation to other bodies via statutory instruments; Section 50 (4) of the Asylum Procedure Act shall apply mutatis mutandis. The allocation ruling shall not be contestable. Any legal actions shall have no suspensory effect.
(5) The foreigner shall have no entitlement to stay in a specific Land or a specific place. He or she shall take up his or her accommodation and ordinary residence at the place to which he or she is allocated in accordance with sub-sections 3 and 4.
(6) Self-employment must not be excluded. The pursuit of an economic activity with employee status shall be subject to Section 4 (2). 2.
(7) The foreigner shall be provided with written notification of the rights and obligations pertaining to the temporary protection in a language which he or she is able to understand.
Section 25 Residence on humanitarian grounds
(1) A foreigner shall be granted a residence permit if he or she is incontestably recognised as being entitled to asylum. This provision shall not apply if the foreigner has been expelled on serious grounds relating to public safety and law and order.
Residence shall be deemed to be permitted up to the time of granting of the residence permit. The residence permit entitles the holder to pursue an economic activity.
(2) A foreigner shall be granted a residence permit if the Federal Office for Migration and Refugees has incontestably established that the conditions of Section 60 (1) are met. Sub-section 1, sentences 2 to 4 shall apply mutatis mutandis.
(3) A foreigner should be granted a residence permit if the conditions for a suspension of deportation are fulfilled in accordance with Section 60 (2) (3), (5) or
(7). The residence permit shall not be permitted if departure for subsequent admission to another state is possible and reasonable, the foreigner has repeatedly or grossly breached duties to cooperate or serious grounds warrant the assumption that the foreigner
a) has committed a crime against peace, a war crime or a crime against humanity within the meaning of the international instruments which have been drawn up for the purpose of establishing provisions regarding such crimes,
b) has committed an offence of considerable severity,
c) is guilty of acts contrary to the objectives and principles of the United Nations, as enshrined in the Preamble and Articles 1 and 2 of the Charter of the United Nations, or
d) represents a risk to the general public or a risk to the security of the Federal Republic of Germany.
(4) A foreigner may be granted a residence permit for a temporary stay if his or her continued presence in the Federal territory is necessary on urgent humanitarian or personal grounds or due to substantial public interests. By way of derogation from Section 8 (1) and (2), a residence permit may be extended if departure from the Federal territory would constitute exceptional hardship for the foreigner due to special circumstances pertaining to the individual case concerned.
(5) By way of derogation from Section 11 (1), a foreigner who is subject to a final deportation order may be granted a residence permit if his or her departure is impossible in fact or in law and the obstacle to deportation is not likely to be removed in the foreseeable future. The residence permit should be issued if deportation has been suspended for 18 months. A residence permit may only be granted if the foreigner is prevented from leaving the Federal territory through no fault of his or her own. Fault on the part of the foreigner applies in particular if he or she furnishes false information, deceives the authorities with regard to his or her identity or nationality or fails to meet reasonable demands to eliminate the obstacles to departure.
Section 26 Duration of residence
(1) The residence permit in accordance with this Part may be issued and extended in each instance for a maximum period of three years, but for no longer than six months in cases covered by Section 25 (4), sentence 1 and (5) when the foreigner has not been legally resident in the Federal territory for at least 18 months.
(2) The residence permit must not be extended if the obstacle to departure or the other grounds precluding a termination of residence have ceased to apply.
(3) A foreigner who has been in possession of a residence permit in accordance with Section 25 (1) or (2) for three years shall be granted a settlement permit if the Federal Office for Migration and Refugees has provided notification in accordance with Section 73 (2a) of the Asylum Procedure Act that the conditions for revocation or withdrawal do not apply.
(4) A foreigner who has been in possession of a residence permit in accordance with this Part for seven years may otherwise be granted a settlement permit if the conditions stipulated in Section 9 (2), sentence 1, 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 Procedure Act, the duration of residence pertaining to the asylum procedure preceding granting of the residence permit shall count towards this qualifying period. Section 35 may be applied mutatis mutandis for children who have entered Germany prior to reaching the age of 18.
Chapter 5
Termination of stay
Part 2
Enforcement of the obligation to leave the Federal territory
Section 60 Prohibition of deportation
(1) In application of the Convention of 28 July 1951 relating to the Status of Refugees (Federal Law Gazette 1953 II, p. 559), a foreigner may not be deported to a state in which his or her life or liberty is under threat on account of his or her race, religion, nationality, membership of a certain social group or political convictions. This shall also apply to foreigners who enjoy the legal status of foreign refugees in the Federal territory or are recognised as foreign refugees outside of the Federal territory within the meaning of the Convention relating to the Status of Refugees. When a person's life, freedom from bodily harm or liberty is threatened solely on account of their sex, this may also constitute persecution due to membership of a certain social group.
Persecution within the meaning of sentence 1 may emanate from
a) the state,
b) parties or organisation which control the state or substantial parts of the national territory, or
c) non-state parties, if the parties stated under letters a and b, including international organisations, are demonstrably unable or unwilling to offer protection from the persecution, irrespective of whether a power exercising state rule exists in the country, unless an alternative means of escape is available within the state concerned.
If the foreigner cites an obstacle to deportation pursuant to this sub-section, the Federal Office for Migration and Refugees shall establish whether the necessary conditions apply in an asylum procedure according to the provisions of the Asylum Procedure Act, except in cases covered by sentence 2. The ruling of the Federal Office shall only be appealable subject to the provisions of the Asylum Procedure Act.
(2) A foreigner may not be deported to a state in which a concrete danger exists of the said foreigner being subjected to torture.
(3) A foreigner may not be deported to a state in which he or she is wanted for an offence and a danger of the foreigner receiving the death penalty applies. In such cases, the provisions on deportation shall be applied accordingly.
(4) If a formal request for extradition or a request for arrest combined with a notification of intent to file a request for extradition has been received from another state, deportation of the foreigner to this state shall be permissible only with the approval of the authority which is responsible for approving extradition pursuant to Section 74 of the Act on International Mutual Assistance in Criminal Matters.
(5) A foreigner may not be deported if deportation is inadmissible under the terms of the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms (Federal Law Gazette 1952 II, p. 685).
(6) The general danger that a foreigner may face prosecution and punishment in another state and, in the absence of any provisions to the contrary in sub-section 2 to 5, the concrete danger of lawful punishment under the legal system of another state shall not preclude deportation.
(7) A foreigner should not be deported to another state in which a substantial concrete danger to his or her life and limb or liberty applies. Dangers in this state to which the population or the segment of the population to which the foreigner belongs are generally exposed shall receive due consideration in decisions pursuant to Section 60a (1), sentence 1.
(8) Sub-section 1 shall not apply if, for serious reasons, the foreigner is to be regarded as a risk to the security of the Federal Republic of Germany or constitutes a risk to the general public because he or she has been unappealably sentenced to a prison term of at least three years for a crime or a particularly serious offence. The same shall apply if, for serious reasons, there are justifiable grounds to assume that the foreigner has committed a crime against peace, a war crime or a crime against humanity within the meaning of the international instruments which have been drawn up for the purpose of establishing provisions regarding such crimes, or that he or she committed a serious non-political crime outside of the territory of the Federal Republic of Germany prior to being admitted as a refugee or that he or she has committed acts in contravention of the objectives and principles of the United Nations.
(9) In the cases covered by sub-section 8, a foreigner who has filed an application for asylum may, by way of derogation from the provisions of the Asylum Procedure Act, be served notice of intention to deport and duly deported.
(10) If a foreigner to whom the conditions stipulated in sub-section 1 apply is to be deported, notice of intention to deport must be served and a reasonable period must be allowed for departure. Those states to which the foreigner must not be deported shall be specified in the notice of intention to deport.
Section 60a Temporary suspension of deportation
(1) For reasons of international law or on humanitarian grounds or to safeguard the political interests of the Federal Republic of Germany, the supreme Land authority may order the deportation of foreigners from specific states or of categories of foreigners defined by any other means to be suspended in general or with regard to deportation to specific states for a maximum of six months. Section 23 (1) shall apply to a period in excess of six months.
(2) The deportation of a foreigner shall be suspended for as long as deportation is impossible in fact or in law and no residence permit is granted.
(3) Suspension of deportation shall not affect the foreigner's obligation to leave the Federal territory.
(4) The foreigner is to be issued with a certificate confirming the suspension of deportation.
(5) The suspension of deportation shall lapse upon the foreigner leaving the Federal territory. The suspension shall be revoked upon the circumstances preventing deportation ceasing to apply. The foreigner shall be deported forthwith upon the suspension lapsing, without any renewed notice of intention to deport specifying a deadline, unless the suspension is renewed. If deportation has been suspended for more than one year, prior notice of at least one month shall be served in case of intended deportation on the basis of lapse due to expiry of the period of validity or revocation; such notice shall be repeated, if the suspension has been renewed for more than one year.
(...)
Part 4
Data transfer and data protection
(...)
Section 86 Collection of personal data
The authorities charged with implementing this Act may collect personal data for the purposes of implementing this Act and provisions relating to foreigners contained in other acts, insofar as this is necessary in discharging their duties under this Act and in accordance with provisions relating to foreigners contained in other acts. Data within the meaning of Section 3 (9) of the Federal Data Protection Act and corresponding provisions contained in the data protection acts of the Länder may be collected insofar as this is necessary in individual cases in discharging assigned duties.
Section 87 Transfer to foreigners authorities
(1) On request, public bodies shall notify circumstances of which they obtain knowledge to the bodies specified in Section 86, sentence 1, insofar as this is necessary for the purposes stated in said Section.
(2) Public bodies shall notify the competent foreigners authority forthwith, if they obtain knowledge of
1. the whereabouts of a foreigner who does not possess a required residence title and whose deportation has not been suspended,
2. a breach of a geographic restriction or
3. any other grounds for expulsion;
in the cases covered by numbers 1 and 2 and in case of any other actions punishable under this act, the competent police authority may be notified instead of the foreigners authority, if one of the measures specified in Section 71 (5) is possible; the police authority shall notify the foreigners authority forthwith.
(3) The Federal Government Commissioner for Migration, Refugees and Integration shall be obliged to provide notifications pursuant to sub-sections 1 and 2 regarding a foreigner belonging to this category of persons only if such notification does not compromise the commissioner in discharging his or her own duties. The Land governments may determine by legal instrument that Foreigners’ commissioners of the respective Länder and of local government authorities are obliged to provide notifications relating to a foreigner who is lawfully resident in the Land or local government district concerned or who resided lawfully in the Land or local government district up to the time of issuance of an administrative act terminating the lawfulness of the residence subject to sentence 1 only.
(4) The bodies responsible for instituting and implementing criminal or fine proceedings shall notify the competent foreigners authority forthwith of the institution of such proceedings and of due settlement of the proceedings at the public prosecutor's office, in court or at the administrative authority which is competent for prosecuting the administrative offence and imposing due punishment, stating the relevant statutory provisions. Sentence 1 shall apply mutatis mutandis for the institution of extradition proceedings against a foreigner. Sentence 1 shall not apply for proceedings instituted for an administrative offence which is punishable by a fine of up to one thousand euros. The Office for the Protection of Witnesses shall notify the competent foreigners authority forthwith of the beginning and end of witness protection for a foreigner.
Section 88 Transfer in case of special statutory regulations on the use of data
(1) Personal data and other information shall not be transferred pursuant to Section 87, if such transfer is precluded by special statutory regulations.
(2) Personal data which are made accessible to a public body by a doctor or by other persons stated in Section 203 (1), nos. 1, 2, 4 to 6 and sub-section (3) of the German Penal Code may be transferred by said public body,
1. if the foreigner constitutes a risk to public health and special protective measures to eliminate the risk are not possible or fail to be observed by the foreigner or
2. if the data are required in order to ascertain whether the conditions specified in Section 55 (2) no. 4 apply.
(3) Personal data which are subject to tax secrecy under Section 30 of the Tax Code may be transferred if the foreigner has contravened a provision of tax law, including customs law and monopolies law or a provision of foreign trade and payments law, or has breached import, export or transit bans or bans on the introduction of goods into customs territory and criminal investigations have been instituted or a fine of at least five hundred euros has been imposed for such contravention or breach. In cases covered by sentence 1, the authorities charged with carrying out the police control of cross-border traffic may also be notified, if a ban on the foreigner leaving the Federal territory is to be issued pursuant to Section 46 (2).
(4) Sub-sections 1 to 3 shall apply mutatis mutandis to transfer by the authorities charged with implementing this Act and by private bodies.
Section 89 Procedures applying to measures to document and establish a foreigner's identity
(1) The Federal Office of Criminal Police shall provide official assistance in assessing the documents obtained pursuant to Section 49. The documents obtained pursuant to Section 49 (2) to (3) shall be kept separate from other identification material. The voice recordings pursuant to Section 49 (5) shall be kept by the authority carrying out the recordings.
(2) Use of the documents obtained pursuant to Section 49 shall also be permissible for the purposes of ascertaining the foreigner's identity or allocating evidence in the course of criminal prosecution and measures undertaken by the police to avert dangers. Said documents may be transferred to the authorities responsible for these measures, to the extent and for the duration necessary.
(3) The documents obtained pursuant to Section 49 (2) to (3) or (5) shall be destroyed by all authorities in whose safekeeping they are located, if
1. the foreigner has been issued with a valid passport or passport substitute and granted a residence title by the foreigners authority,
2. a period of ten years has elapsed since the foreigner's last departure from the Federal territory or attempted unlawful entry,
3. a period of three years has elapsed since refusal of entry or removal in cases covered by Section 49 (3), nos. 3 and 4 or
4. a period of ten years has elapsed since application for the visa in cases covered by Section 49 (3), no. 5 and since the voice recording in the case of Section 49 (5).
(4) Sub-section 3 shall not apply if and for as long as the documents are required in connection with criminal proceedings or to avert a danger to public safety or law and order. A record of the destruction shall be drawn up.
Section 89a Procedural provisions for the database for found documents
(1) On request from the authority collecting the data concerned, the Federal Office of Administration shall check the data collected pursuant to Section 49 on a foreigner against the data contained in the database for found documents, in order to establish a foreigner's identity or nationality by reference to a found document, should doubts exist in this respect.
(2) In order to enable the data to be counter-checked in this manner, the body requesting the check shall transfer the appurtenant photograph or finger prints and other items of information stipulated in Section 49b, no. 1 to the Federal Office of Administration.
(3) If the transferred data on the foreigner correspond to the stored data on the holder of a found document, the data pursuant to Section 49b shall be transferred to the requesting body.
(4) Where the Federal Office of Administration is unable to clearly establish a foreigner's identity, it shall transfer the information stored on similar persons in the database for found documents to the requesting body, if it is to be expected that the latter's knowledge will enable the foreigner's identity to be established by reference to one of the found documents. The requesting body is to erase forthwith all information which cannot be attributed to the foreigner and to destroy appurtenant records.
(5) The information shall be transferred via remote data transmission. Automatic retrieval of the data is permissible in accordance with Section 10 (2) to (4) of the Federal Data Protection Act.
(6) On request, the Federal Office of Administration shall check the data stored in the database for found documents against the data transferred by
1. the Federal Office for Migration and Refugees for the purposes of establishing the identity or nationality of a foreigner in an asylum procedure, and
2. an authority responsible for criminal prosecution or police measures to avert dangers for the purposes of establishing a foreigner's identity or attributing evidence.
Sub-sections 2 and 5 shall apply mutatis mutandis.
(7) The data pursuant to Section 49b shall be erased ten years after the initial storage of data pertaining to the document concerned. If the purpose of storage ceases to apply prior to this period elapsing, the data shall be erased forthwith.
(8) The bodies concerned are to undertake state -of-the-art measures to ensure data protection and data security which, in particular, guarantee the confidentiality and integrity of the data; when generally accessible networks are used, state-of-the-art encryption methods shall be applied.
Section 90 Transfer by foreigners authorities
(1) In individual cases in which there are concrete indications of
1. foreigners taking up employment or pursuing an economic activity without the necessary residence title pursuant to Section 4,
2. breaches of the obligation to cooperate pursuant to Section 60 (1), sentence 1, no. 2 of Book One of the Social Code with regard to a department of the Federal Employment Agency, a statutory health insurance, nursing insurance, accident insurance or pension insurance agency, an institution providing basic security for job seekers or a social welfare agency, or contravention of the obligation to report pursuant to Section 8a of the Act on Benefits for Asylum Seekers,
3. the breaches specified in Section 6 (3), nos. 1 to 4 of the Act to Combat Clandestine Employment, the authorities charged with implementing this Act shall notify the authorities responsible for prosecuting the breaches according to numbers 1 to 3 and imposing due punishment, the institutions providing basic security for job seekers or the social welfare agencies and the compete nt authorities pursuant to Section 10 of the Act on Benefits for Asylum Seekers.
(2) In prosecuting and imposing punishments for breaches of this Act, the authorities charged with implementing this Act shall cooperate in particular with the other authorities specified in Section 2 (2) of the Act to Combat Clandestine Employment.
(3) The authorities charged with implementing this Act shall notify the competent authorities under Section 10 of the Act on Benefits for Asylum Seekers of circumstances and measures under this Act, a knowledge of which is necessary for the purposes of benefits under the Act on Benefits for Asylum Seekers, the information which they receive on the issuance of approval for employment to persons eligible for benefits under the Act on Benefits for Asylum Seekers and information relating to the expiry, revocation or withdrawal of issued approvals.
Section 91 Storage and erasure of personal data
(1) The data relating to expulsion and deportation shall be erased ten years after expiry of the limitation period specified in Section 11 (1), sentence 3. They are to be erased prior to this if they contain information which may no longer be used against the foreigner in accordance with other statutory provisions.
(2) Notifications pursuant to Section 87 (1) which are immaterial to an impending decision under the law relating to foreigners and which are unlikely to be of relevance to a later decision under the law relating to foreigners shall be destroyed forthwith.
(3) Section 20 (5) of the Federal Data Protection Act and corresponding provisions in the data protection acts of the Länder shall not apply.
Section 91 a
Temporary protection register
(1) The Federal Office for Migration and Refugees shall keep a register of foreigners in accordance with Section 24 (1) who have applied for a visa or a residence permit and of their dependents within the meaning of Article 15 (1) of directive 2001/55/EC for the purposes of granting residence, allocating admitted foreigners to places of residence in the Federal territory, relocating the place of residence of admitted foreigners to other member states of the European Union, the reunification of families and the promotion of voluntary return.
(2) The following items of information shall be stored in the register:
1. On the foreigner:
a) The personal details (surname, maiden name, first name, date and place of birth, sex, nationalities, last place of residence in country of origin, region of origin and voluntary information furnished on religion),
b) information on occupation and vocational training,
c) date of receipt of the foreigner's application for a visa or a residence permit, the authority responsible for processing the application, and information regarding the decision on the application or the state of progress in the application procedure,
d) details pertaining to the foreigner's identity and travel documents (type, number, issuing authority, date of issue and period of validity),
e) the Central Aliens Register number and the visa file number,
f) country of destination and date of leaving the country of origin,
2. the personal details in accordance with number 1, letter a, with the exception of the voluntary information on the religion of the foreigner's dependents in accordance with sub-section 1,
3. details of documents confirming marriage, unmarried partnership or kinship.
(3) The foreigners authorities and the diplomatic missions abroad shall be obliged to transfer the data stated in sub-section 2 to the registration authority forthwith when an application has been filed
1. for a residence permit pursuant to Section 24 (1) or
2. for a visa to secure temporary protection in the Federal territory.
(4) Sections 8 and 9 of the Act on the Central Aliens Register shall apply mutatis mutandis.
(5) On request, the data may be transferred to the foreigners authorities, diplomatic missions abroad and other organisational units of the Federal Office for Migration and Refugees, including the National Contact Point established at the Federal Office for Migration and Refugees in accordance with Article 27 (1) of directive 2001/55/EC for the purposes of discharging their duties under the law regarding foreigners and asylum in connection with the granting of residence, allocating admitted foreigners to places of residence in the Federal territory, relocating the place of residence of admitted foreigners to other member states of the European Union, the reunification of families and the promotion of voluntary return.
(6) The registration authority is to produce records of data transmissions in accordance with sub-section 5. Section 13 of the Act on the Central Aliens Register shall apply mutatis mutandis.
(7) Data transmission pursuant to sub-sections 3 and 5 shall be effected in writing, in electronic form or via automated procedures. Section 22 (2) to (4), of the Act on the Central Aliens Register shall apply accordingly.
(8) The data are to be erased no later than two years after the termination of temporary protection for the foreigner. Sections 34 (1) and (2) and Section 37 of the Act on the Central Aliens Register shall apply mutatis mutandis with regard to notification of the data subject and invalidation of the data.
Section 91 b
Transfer of data by the Federal Office for Migration and Refugees as the National Contact Point
In its capacity as the National Contact Point in accordance with Article 27 (1) of directive 2001/55/EC, the Federal Office for Migration and Refugees may transfer the data contained in the register pursuant to Section 91 a to the following bodies for the purposes of relocation of the place of residence of admitted foreigners to other member states of the European Union or the reunification of families:
1. National Contact Points of other member states of the European Union,
2. bodies and institutions of the European Communities,
3. other foreign, supranational or intergovernmental bodies, provided that an appropriate level of data security pursuant to Section 4b (3) of the Federal Data Protection Act is ensured at such bodies.
(...)
Chapter 8
Commissioner for Migration, Refugees and Integration
Section 92 Office of the Commissioner
(1) The Federal Government shall appoint a Commissioner for Migration, Refugees and Integration.
(2) The Commissioner's office shall be established at the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and may be held by a member of the German Bundestag. The Commissioner may also hold an office under the Act governing the Legal Status of Parliamentary State Secretaries, without this requiring special approval (Section 5 (2), sentence 2 of the Act governing Federal Ministers, Section 7 of the Act governing the Legal Status of Parliamentary State Secretaries).
In this case, discharge of the Commissioner's duties shall remain unaffected by the legal status in accordance with the Act governing the Legal Status of Parliamentary State Secretaries.
(3) The personnel and material resources required in order to perform the duties of the office shall be provided. The budget allocation shall be shown in a separate section of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth's individual plan 17.
(4) Save in the case of dismissal, the office tenure shall end upon a new Bundestag convening.
Section 93 Duties
The Commissioner shall have the following duties:
1. to promote the integration of migrants who are permanently resident in the Federal territory and, in particular, to support the Federal Government in developing its integration policy, also with regard to aspects of employment policy and social policy, and to provide ideas for the further development of integration policy in the European context;
2. to develop the necessary conditions for the most harmonious possible coexistence between foreigners and Germans and between different groups of foreigners, to promote mutual understanding and to counteract xenophobia;
3. to counteract unequal treatment with regard to foreigners;
4. to help ensure that the interests of the foreigners resident in the Federal territory receive due consideration;
5. to provide information on the legal possibilities for naturalisation;
6. to safeguard the rights of freedom of movement of EU citizens and to submit proposals on further arrangements to safeguard such rights;
7. to encourage and support initiatives to integrate migrants who are resident in the Federal territory on a permanent basis, including such initiatives at the level of the Länder and local authorities and among social groups;
8. to monitor immigration into the Federal territory and into the European Union and the develop of immigration into other states;
9. to cooperate in the areas of the duties specified in numbers 1 to 8 with the bodies of the local authorities, of the Länder, of other member states of the European Union and of the European Union itself which have the same or similar remits to the Commissioner;
10. to inform the public in the areas of duties specified in numbers 1 to 9.
Section 94 Scope of authority
(1) The Commissioner shall be involved at the earliest possible juncture in lawmaking projects of the Federal Government or individual federal ministries and in other matters relating to his or her remit. The Commissioner may submit proposals and forward opinions to the Federal Government. The federal ministries shall support the Commissioner in discharging his or her duties.
(2) The Commissioner shall submit a report on the situation of foreigners in Germany to the German Bundestag every two years.
(3) If the Commissioner possesses adequate information indicating that public bodies of the Federal Government are committing breaches within the meaning of Section 93, no. 3 or are failing to protect the rights of foreigners in any other way, he or she may require a statement. The Commissioner may attach his or her own assessment to this statement and forward the statement to the public body and the latter's superior authority. The public bodies of the Federal Government shall be obliged to furnish information and to answer questions. The public bodies shall transfer personal data only if the data subject himself or herself has approached the Commissioner to request that the latter take action in relation to the public body on the data subject's behalf, or if the foreigner's consent is proven by any other means.
(...)