Immigration Law: No permanent residence permit granted due to insufficient knowledge of the German language and legal system.

Federal Administrative Court, April 28, 2015, Case No.: BVerwG 1 C 21.14

Under certain conditions, a third-country national can obtain a permanent residence permit (i.e., an indefinite residence permit) in Germany.

However, it is required, among other things, that the foreign national demonstrates adequate knowledge of the German language and basic knowledge of the German legal and social system and living conditions, according to §§ 9(2) Nos. 7 and 8 of the Residence Act (AufenthG). Exceptions to these requirements are only permitted in specific hardship cases.

An exception to these requirements can only be made in certain cases of hardship.

In this case, the Federal Administrative Court had to decide whether a Turkish national should be granted a permanent residence permit despite lacking sufficient knowledge of the German language and the German legal and social system.

Background of the Plaintiff

The plaintiff, born in 1984, is a Turkish national who entered Germany in 2005 under family reunification with her Turkish husband. In the same year, she received her first residence permit and was required to attend an integration course to support her integration into German society, particularly through acquiring language skills and understanding the German legal and social system.

Interruption of the Integration Course

Due to pregnancy, the plaintiff prematurely discontinued the integration course. After the birth of her child, she did not resume the course, citing the need to care for her child and poor transportation links to the course location. Later, she claimed that another pregnancy and related health issues prevented her from attending the course.

Residence Permit and Application for Permanent Residence Permit

In February 2010, the plaintiff received a further residence permit valid until February 2012, which allowed employment. In 2012, she applied for a permanent residence permit, which would grant her indefinite stay in Germany. The immigration authority denied her application on November 12, 2012, because she could not demonstrate sufficient German language skills or basic knowledge of the German legal and social system.

Legal Proceedings

The plaintiff challenged the denial of the permanent residence permit. The Administrative Court dismissed her claim. Her appeal to the Higher Administrative Court was also unsuccessful. She then filed a revision with the Federal Administrative Court, which considered whether the conditions for granting a permanent residence permit were met and whether she could be exempted from these requirements due to hardship.

Decision of the Federal Administrative Court

The Federal Administrative Court upheld the decision of the Higher Administrative Court and rejected the plaintiff’s revision. It ruled that the plaintiff was not entitled to a permanent residence permit under the Residence Act (§ 9(2) and § 28(2) AufenthG) because she had not demonstrated the required knowledge of the German language and basic knowledge of the German legal and social system. An exemption from the integration course requirements due to hardship was also not applicable, as her reasons did not constitute a hardship case.

Association Law Arguments

The plaintiff also attempted to invoke the association law standstill clause (Article 13 ARB 1/80), which prohibits new restrictions on conditions for access to the labor market. However, the Court found that the plaintiff already had a right to long-term residence under Article 7(1) of ARB 1/80 as a family member of a Turkish worker. This right provided her with a residence permit under § 4(5) AufenthG, granting her unrestricted access to the labor market. Therefore, the stricter requirements for the permanent residence permit did not affect her labor market access, and the standstill clause of Article 13 ARB 1/80 did not apply in this case.

Source: Federal Administrative Court

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