German Immigration Law: The emigration of Jewish citizens from the former soviet union countries to Germany.
Rechtsanwalt Tieben

Rechtsanwalt Helmer Tieben
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Immigration law
von: Helmer Tieben

The possibility of the Immigration of Jewish citizens from the former Soviet Union countries to Germany exists since 1991.

Basis for this Immigration is a resolution of the Conference of the Ministers of the Interior from the 9th January 1991, which rules that the HumHAG (Law over measures for in the context of humanitarian relief work accepted refugees) is also applicable on Jewish emigrants.

Since 2005 the HumHAG has been abolished according to article 15 para 3 No. 3 of the Zuwanderungsgesetz and the rules regarding the admission of the Jews from the former USSR countries except Estonia, Latvia and Lithuania are laid down in s 23 (2) AufenthG (German Immigration Act).

Jewish Immigrants need to fulfill special acceptance criteria in order to obtain a residence permit. According to s 23 (2) AufenthG the applicants must:

• be nationals of a successor state of the former Soviet Union or have lived there as a stateless person since at least 1 January 2005

• be of a Jewish nationality or have at least one Jewish parent and not profess any other religion

• have German-language skills that satisfy at least the A1 level of the Common European Framework of Reference for Languages (This also applies to family members with exceptions applicable to children who have not yet had their 15th)

• prove that they will be accepted in a Jewish community in Germany (the Federal Office for Migration and Refugees (BAMF) will obtain official documentation from a certificate supplied by the Zentrale Wohlfahrtsstelle der Juden [Central Welfare Office for Jews].

• submit a positive integration prognosis (the BAMF will issue this based on the application)

The criteria listed above are only general criteria. Thus, in certain hardship cases applicants don´t need to have language skills in order to get a residence permit/visa for Germany.

However, in many cases especially a negative integration prognosis will be the reason, by which the embassy (or the BAMF) denies the grant of the residence permit/visa.

In conclusion, each application has to be prepared carefully in order to apply succesfully.

German lawyers provide legal advice on German Immigration Law worldwide

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