Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Persons Granted Asylum

According to the UNHCR, in Germany, "[t]here are different protection grounds upon which a person can be granted asylum," each with different rights associated to them (UN n.d.). The same source presents three different instances of protection:

• "Refugee recognition according to the 1951 Geneva Refugee Convention": a person recognized as a refugee is entitled to a residence permit with an initial duration of three years. The residence permit will be extended if the situation in the country of origin has not improved within this period;
• "Right to asylum according to the [German] Constitution": a person recognized as entitled to asylum will receive a residence permit issued with a validity of three years. The residence permit will be renewed if the situation in the country of origin has not improved within this period;
• "Subsidiary protection": a person who is "not individually threatened by political persecution but is nevertheless threatened with serious harm caused by human rights violations in his/her home country" receives subsidiary protection. They are then entitled to a residence permit allowing them to live in Germany for "at least one year." If the situation in the country of origin has not improved within this time, the permit will be extended for another two years (UN n.d).

1.1 Right to Work

According to the German Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge, BAMF), "unrestricted access to the labour market," including permission to engage in "gainful employment" is available to holders of resident permits who are recognized as refugees (Germany 1 Oct. 2016a), as entitled to asylum protection (Germany 1 Oct. 2016b), or as beneficiaries of subsidiary protection (Germany 1 Oct. 2016c).

1.2 Access to Healthcare

In a reply to a European Migration Network (EMN) [1] ad hoc query about access to healthcare in member states, BAMF [2] provided the following information:

In case of recognition as [a] Convention refugee or beneficiary of subsidiary protection, access to healthcare is equivalent to that of German nationals. When recognized, foreigners receive labor market access and as a consequence are entitled to the same social security as German citizens according to the Social Security Statute Books II (basic income) and XII (social welfare). (EU 15 Nov. 2017)

The same source further explains that if a refugee or a beneficiary of subsidiary protection has not found employment yet, they will receive "basic income for job seekers … which includes becoming a member of public health insurance" (EU 15 Nov. 2017). According to the same source, when a recognized refugee or beneficiary of subsidiary protection finds work, they must contribute to health insurance themselves (EU 15 Nov. 2017). If unable to work, they may receive social welfare that includes "health aid for basic healthcare" (EU 15 Nov. 2017).

1.3 Access to Education

According to we-inform.de, a web portal that provides "[w]elcome [i]nformation for [r]efugees and [i]mmigrants," created by the State of Hamburg, school is mandatory for every child in Germany, including children of refugees and children without documentation (Hamburg 15 Mar. 2018). Similarly, a document from the State of Berlin providing information "for refugees with schoolchildren" indicates that school attendance is mandatory for children aged six and over, and that education is free of charge in the public school sector (Berlin July 2016).

According to the German Academic Exchange Service (Deutscher Akademischer Austauschdienst, DAAD) [3], a refugee is eligible to study at a German university, "especially" once they are granted asylum (DAAD n.d.a). The source explains that the procedures for applying for and gaining admission to a university program are the same as for international students (DAAD n.d.a). The same source also notes that a recognized refugee can apply for government funding to finance their studies (DAAD n.d.a).

1.4 Ability to Travel and Loss of Residency Status

Sources explain that "[p]ersons with refugee status" have the right to receive travel documents for refugees (ECRE 31 Dec. 2017, 102; Neue deutsche Medienmacher n.d.a). According to a report by the Asylum Information Database (AIDA) of the European Council on Refugees and Exiles (ECRE) [4], this document is issued either automatically with the residence permit or upon application (ECRE 31 Dec. 2017, 102). Similarly, Handbook Germany [5] states that the travel document for refugees, or "blue passport," is "often" received along with the residence permit and that it is valid for the same duration of the residence permit, i.e. for three years (Neue deutsche Medienmacher n.d.a).

Regarding beneficiaries of subsidiary protection, the AIDA report and Handbook Germany explain that if they cannot acquire a passport through the embassy of their country of origin, they can apply for a travel document for foreigners (Reiseausweis für Aüslander) (ECRE 31 Dec. 2017, 103; Neue deutsche Medienmacher n.d.a). The AIDA report further explains that, in order to receive a travel document for aliens, beneficiaries of subsidiary protection must "demonstrate that they cannot be reasonably expected to get a passport on individual grounds" (ECRE 31 Dec. 2017, 103).

Article (1) of Section 51 of the Residence Act, regarding termination of lawful residence, states that, among others, the residence title will expire in the following cases:

…

6. if the foreigner leaves the federal territory for a reason which is not of a temporary nature,

7. if the foreigner leaves the federal territory and fails to re-enter it within six months or within a longer period set by the foreigners authority,

… (Germany 2008, Sec. 51, Art. (1))

Similarly, according to the website of Berlin's State Office for Residents' and Regulatory Affairs (Landesamt für Bürger- und Ordnungsangelegenheiten), the residence permit expires six months after its holder leaves Germany (Berlin n.d.a). In addition, the same source explains that

[a] longer time limit can be permitted upon request if [the holder's] stay abroad serves the interests of the Federal Republic of Germany. For example, this is the case if

• [The holder is] going to work abroad as a development worker,
• [The holder is] going to live abroad as a relative of a German diplomat based abroad,
• Pursuant to Section 16, [the holder is] a student at a local university and [is] going to spend one or two semesters abroad at a foreign university, or
• [The holder has] been sent on a foreign assignment for an international company based in Germany. (Berlin n.d.a, emphasis in original)

The same source also notes that if a residence permit holder travels abroad "to start a school or university education," the residence permit will expire as soon as they leave Germany (Berlin n.d.a).

2. Permanent Residency
2.1 Types of Permanent Residence Permits

BAMF's website indicates that there are two residence permits without time limits in Germany: the settlement permit and the permanent EU (European Union) residence permit (Germany 20 Sept. 2016). The same source explains that the two permits have similar qualifying conditions, but the permanent EU residence permit "also entitles the holder to mobility within the [EU] by granting a right to a limited residence title in the other Member States" (Germany 20 Sept. 2016). According to BAMF, if the applicant meets other preconditions, it is possible for recognized refugees and persons granted asylum to apply for settlement permit "after three or five years" (Germany 1 Oct. 2016a; Germany 1 Oct. 2016b) and for persons granted subsidiary protection to apply after five years (Germany 1 Oct. 2016c). Article (2) of Section 9 of the 2008 Residence Act specifies the requirements a foreigner needs to meet in order to be granted a permanent settlement permit:

…

1. he has held a temporary residence permit for five years,
2. his subsistence is secure,
3. he 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. granting such a temporary residence permit is not precluded by reasons of public safety or order, according due consideration to the severity or the nature of the breach of public safety or order or the danger emanating from the foreigner, with due regard to the duration of the foreigner's stay to date and the existence of ties in the federal territory,
5. he is permitted to be in employment, if he is in employment,
6. he possesses the other permits required for the purpose of the permanent pursuit of his economic activity,
7. he has sufficient command of the German language,
8. he possesses a basic knowledge of the legal and social system and the way of life in the federal territory and
9. he possesses sufficient living space for himself and the members of his family forming part of his household. (Germany 2008, Sec. 9, Art. (2))

Article (3) of Section 2 of the same law provides further details on the conditions under which a foreigner's subsistence is considered to be secure:

(3) A foreigner’s subsistence is secure when he is able to earn a living, including sufficient health insurance coverage, without recourse to public funds. Drawing the following benefits shall not constitute recourse to public funds:

1. child benefits,
2. children’s allowances,
3. child-raising benefits,
4. parental allowances,
5. educational and training assistance in accordance with Book Three of the Social Code, the Federal Education Assistance Act or the Upgrading Training Assistance Act,
6. public funds based on own contributions or granted in order to enable residence in Germany and
7. payments made in accordance with the Act on Advance Maintenance Payments.

A foreigner who is enrolled in a statutory health insurance fund shall be deemed to have sufficient health insurance coverage. … (Germany 2008, Sec. 2, Art. (3))

2.2 Right to Work

According to Berlin's State Office of Civil and Regulatory Affairs, a permanent residence title permits "[a]ll forms of economic activity" (Berlin n.d.b). Similarly, Hamburg Welcome Portal, a State of Hamburg website aimed at newcomers, states that a settlement permit entitles the holder to "any employment" in Germany (Hamburg n.d.a). Another page of the same web portal explains that the "permanent EC resident status" is "equivalent to the settlement permit" (Hamburg n.d.b).

2.3 Access to Healthcare

According to sources, health coverage is mandatory in Germany: residents must have some form of health insurance, either through a state healthcare insurance scheme or through a private one (Expatica [2017]; IQWiG 8 Feb. 2018, 3-4). According to the same sources, the obligation to enroll in a state health insurance scheme depends on the individual's employment status and income; workers earning less than a certain threshold per year have to enroll in the state system (Expatica [2017]; IQWiG 8 Feb. 2018, 3). According to a document prepared by the German Institute for Quality and Efficiency in Health Care (IQWiG), an independent scientific institute (IQWiG n.d.), the threshold was set at 59,400 euros [approximately C$89,820] per year in 2018 (IQWiG 8 Feb. 2018, 4). Sources indicate that employees earning over the threshold and self-employed people can choose either the state health insurance or a private insurance provider (Expatica [2017]; IQWiG 8 Feb. 2018, 4). The same sources add that categories of people who can access state health insurance include the following:

• [freelance (IQWiG 8 Feb. 2018, 3)] artists and writers (Expatica [2017]; IQWiG 8 Feb. 2018, 3);
• students (Expatica [2017]; IQWiG 8 Feb. 2018, 3) "in an approved higher education institution" (Expatica [2017]);
• unemployed people (IQWiG 8 Feb. 2018, 3) or people "receiving unemployment benefits or assistance" (Expatica [2017]);
• retired people (IQWiG 8 Feb. 2018, 3) or "pensioners who have been insured for a sufficient period of time" (Expatica [2017];
• people who "have no other access to healthcare services (under certain conditions)" (Expatica [2017]).

The same sources also note that if they do not earn any money, or too little, the spouse and children ["up to age 23, or 25 if studying" (Expatica [2017])] of someone covered by the statutory insurance are also insured without additional costs (Expatica [2017]; IQWiG 8 Feb. 2018, 3).

2.4 Access to Education

As noted in section 1.3 of this Response, sources indicate that education is mandatory for all children aged six and over who reside in Germany (Hamburg 15 Mar. 2018; Berlin July 2016).

According to Times Higher Education (THE), a weekly magazine that provides "higher education data for the world's research-led institutions" (THE n.d.), in 2014, "Germany's 16 states abolished tuition fees for undergraduate studies at all public universities" (THE 5 Dec. 2017). The same source signals that in the Baden-Württemberg area, tuition fees were reintroduced for non-EU students, with exemptions for "non-EU students who have gained a higher education entrance qualification in Germany, international students from Erasmus member states, students with permanent residency in Europe and refugees who have a right to stay in Germany" (THE 5 Dec. 2017). Similarly, on its website, the University of Hohenheim, in the Land of Baden-Württemberg, states that non-European or European Economic Area (EEA) citizens have to pay tuition fees of 1,500 euros [approximately C$2,270] per semester "when starting or switching to a Bachelor's study program, a Master's study program, or a state examination program" (University of Hohenheim n.d.). The same source adds that there is an exemption for students who have "'close ties to Germany'," which refers, "[v]ery generally speaking," to students

who have a residence permit in Germany not only for the purpose of study but also for family reasons (e.g. spouse, life partner, or child of a German, an EU/EEA citizen, or a foreigner with a settlement permit), because they fled their home country, or for international legal, humanitarian, political, or other reasons. (University of Hohenheim n.d.)

2.5 Ability to Travel and Loss of Residency Status

As indicated in section 1.4 of this Response, Article (1) of Section 51 of the Residence Act, regarding termination of lawful residence, states that, among others, the residence title will expire in the following cases:

…

6. if the foreigner leaves the federal territory for a reason which is not of a temporary nature,

7. if the foreigner leaves the federal territory and fails to re-enter it within six months or within a longer period set by the foreigners authority,

… (Germany 2008, Sec. 51, Art. (1))

Similarly, the website of the Berlin State Office of Civil and Regulatory Affairs states that, "[i]n general," a settlement permit will expire six months after the holder leaves Germany (Berlin n.d.a). The same source provides the following details regarding exceptions:

• A settlement permit expires 12 months after the holder has left Germany
  
  • If the permit holder is at least 60 years of age, and
  • If he/she has stayed in Germany legally for at least 15 years.
  • The same also applies to his/her spouse if the latter is living with him/her with a settlement permit, and provided that the spouse is also at least 60 years of age.
• A permanent settlement permit will not expire, even after a longer stay abroad if
  
  • The permit holder has stayed legally in Germany for at least 15 years and has secured means of subsistence (this also applies to his/her spouse with a permanent residence title), or
  • If the permit holder is in marital cohabitation or in a registered life partnership with a German national.
  • The Foreigners' Registration Office or the citizens' registration offices (Bürgerämter) will issue a certificate to this effect. This certificate may be required in order to re-enter Germany.
  • …
• In all other cases, extended longer time limit may be permitted upon request if
  
  • The stay abroad is temporary (for example, to care for a close relative, or for a semester abroad during a degree), or
  • If the stay abroad serves the interests of the Federal Republic of Germany. (Berlin n.d.a, emphasis in original)

The same source provides the following details regarding the EU long-term residence permit:

• An EU long-term residence permit expires
  
  • After 12 months for a stay outside the [EU] or in the following EU countries: Denmark, Great Britain and Ireland, or
  • After 24 months for a stay outside the [EU] or in the following EU countries: Denmark, Great Britain and Ireland, provided that you previously had an EU Blue Card (in this case, this time limit also applies to your relatives with a residence permit for family reasons),
  • After 6 years outside Germany, or if you receive an EU long-term residence permit in another member state of the [EU][.]
• An EU long-term residence permit will not expire, even after a longer stay abroad if
  
  • The permit holder has stayed legally in Germany for at least 15 years and has secured means of subsistence (this also applies to his/her spouse with a permanent residence title), or
  • If the permit holder is in marital cohabitation or in a registered life partnership with a German national.
  • The Foreigners' Registration Office or the citizens' registration offices (Bürgerämter) will issue a certificate to this effect. This certificate may be required in order to re-enter Germany.
  • …
  • In all other cases, a longer time limit may be permitted upon request if
    
    • The stay abroad is only temporary (for example, to care for a close relative, or for a semester abroad during a degree), or
    • If the stay abroad serves the interests of the Federal Republic of Germany. (Berlin n.d.a., emphasis in original)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The European Migration Network (EMN) is a European Union (EU) "network of migration and asylum experts" working to "provide objective, comparable policy-relevant information" (EU 10 Aug. 2018). The European Commission coordinates the EMN and provides its funding (EU 10 Aug. 2018).

[2] The Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge, BAMF) is the EMN's national contact point in Germany (EU 29 Aug. 2018).

[3] The German Academic Exchange Service (Deutscher Akademischer Austauschdienst, DAAD) is "a registered association [whose] members are German institutions of higher education and student bodies"; it "supports the internationalisation of German universities, promotes German studies and the German language abroad, assists developing countries in establishing effective universities and advises decision makers on matters of cultural, education and development policy" (DAAD n.d.b).

[4] The European Council on Refugees and Exiles (ECRE) is "a pan-European alliance of 99 NGOs in 40 countries protecting and advancing the rights of refugees, asylum seekers and displaced persons" (ECRE n.d.).

[5] Handbook Germany is a web-based platform that provides information about Germany for newcomers; it is a project by Neue deutsche Medienmacher, a German media NGO, and is funded by the BAMF (Neue deutsche Medienmacher n.d.b).

References

Berlin (State of). July 2016. Senatsverwaltung für Bildung, Jugend und Wissenschaft. "Welcome to Berlin! Information for Refugees with Schoolchildren." [Accessed 7 Aug. 2018]

Berlin (State of). N.d.a. Landesamt für Bürger - und Ordnungsangelegenheiten. "Expiry of a Residence Title During a Stay Abroad." [Accessed 7 Aug. 2018]

Berlin (State of). N.d.b. Landesamt für Bürger - und Ordnungsangelegenheiten. "Permanent Residence Titles." [Accessed 8 Aug. 2018]

Deustcher Akademischer Austauschdienst (DAAD). N.d.a. "Paths to Studying at a German University." [Accessed 7 Aug. 2018]

Deustcher Akademischer Austauschdienst (DAAD). N.d.b. "The Internationalisation Agency." [Accessed 30 Aug. 2018]

European Council on Refugees and Exiles (ECRE). 31 December 2017. Asylum Information Database (AIDA). Country Report: Germany. [Accessed 7 Aug. 2018]

European Council on Refugees and Exiles (ECRE). N.d. "Mission Statement." [Accessed 29 Aug. 2018]

European Union (EU). 29 August 2018. European Commission, European Migration Network (EMN). "Germany - EMN NCP Info." [Accessed 29 Aug. 2018]

European Union (EU). 10 August 2018. European Commission, European Migration Network (EMN). "About the EMN." [Accessed 10 Aug. 2018]

European Union (EU). 15 November 2017. European Commission, European Migration Network (EMN). "EMN Ad-Hoc Query on Access to Healthcare." [Accessed 7 Aug. 2018]

Expatica. [2017]. "A Guide to German Health Insurance." [Accessed 8 Aug. 2018]

Germany. 1 October 2016a. Bundesamt für Migration und Flüchtlinge (BAMF). "Refugee Protection." [Accessed 1 Aug. 2018]

Germany. 1 October 2016b. Bundesamt für Migration und Flüchtlinge (BAMF). "Entitlement to Asylum." [Accessed 1 Aug. 2018]

Germany. 1 October 2016c. Bundesamt für Migration und Flüchtlinge (BAMF). "Subsidiary Protection." [Accessed 1 Aug. 2018]

Germany. 20 September 2016. Bundesamt für Migration und Flüchtlinge (BAMF). "Residence in Germany." [Accessed 7 Aug. 2018]

Germany. 2008 (amended 2017). Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory - Residence Act. Translation provided by the Language Service of the Federal Ministry of the Interior (Germany). [Accessed 28 Aug. 2018]

Hamburg (State of). 15 March 2018. We-Inform Portal. "Family - Familie." [Accessed 7 Aug. 2018]

Hamburg (State of). N.d.a. Hamburg Welcome Portal. "Settlement Permit." [Accessed 8 Aug. 2018]

Hamburg (State of). N.d.b. Hamburg Welcome Portal. "Permanent EC Resident." [Accessed 8 Aug. 2018]

Institute for Quality and Efficiency in Health Care (IQWiG). 8 February 2018. Health Care in Germany. [Accessed 7 Aug. 2018]

Institute for Quality and Efficiency in Health Care (IQWiG). N.d. "Contracting Agencies and Funding of IQWiG." [Accessed 29 Aug. 2018]

Neue deutsche Medienmacher. N.d.a. Handbook Germany. "Blue Passport." [Accessed 28 Aug. 2018]

Neue deutsche Medienmacher. N.d.b. Handbook Germany. "FAQ." [Accessed 28 Aug. 2018]

Times Higher Education (THE). 5 December 2017. "The Cost of Studying at a University in Germany." [Accessed 28 Aug. 2018]

Times Higher Education (THE). N.d. "About Us." [Accessed 30 Aug. 2018]

United Nations (UN). N.d. United Nations High Commissioner for Refugees (UNHCR). "Germany. Forms of Asylum and Refugee Protection." [Accessed 7 Aug. 2018]

University of Hohenheim. N.d. "FAQ on Tuition Fees for International Students." [Accessed 28 Aug. 2018]

Additional Sources Consulted

Internet sites, including: ecoi.net; Germany – Federal Ministry of Education and Research.