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WHICH INTEGRATION POLICIES FOR MIGRANTS? Law and Reality – The language requirement in the field of family reunification (in Germany). Law (2007) … Basic knowledge abroad (A1). For spouses of German as well as of foreign nationals = neutral = for all?. Law (2007) Explanatory Memorandum….
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WHICH INTEGRATION POLICIES FOR MIGRANTS? Law and Reality – The language requirement in the field of family reunification (in Germany)
Law (2007) … Basic knowledge abroad (A1) For spouses of German as well as of foreign nationals = neutral = for all?
Law (2007)Explanatory Memorandum… is based on the: • assumption of a certain “family concept of the affected groups” has the objective of: • promoting or demanding integration (through language) • protecting from forced marriages and violations of human rights • protecting of the social welfare state
Law (2007) … Basic knowledge abroad (A1) For spouses of German as well as foreign nationals = neutral = for all? Exemptions for (spouses of): • highly skilled persons, researchers or self-employees • mobile long-term residents (EU) • asylum refugees or according to the Convention 1951 • persons with physical, mental or psychological illness or handicap(aged over 65 years) • persons from USA, Australia, Israel, Japan, Canada, the Republic of Korea and New Zealand, Andorra, Monaco, San Marino and Honduras, Brazil and El Salvador • Persons with minimal need for integration No Exemption in case of Illiteracy or Pregnancy
… and Reality (around 2007) In practice: low educated spouses from certain non-western third-countries, i.e. Turkey, Kosovo, or Thailand. Result: decrease of 25%in general of about 35 to 42% in four main countries of origin (Turkey (38%), Kosovo, Russia and Thailand) Information about refused applications? 2008: 474 applications in ten main countries of origin (208 – Turkey, 80 – Kosovo) No Information about persons who not apply…
… and Reality (2008-2009) Number of tests “Start Deutsch 1“ at the Goethe Institute abroad has risen rapidly: 60.111 in 2008 – 15.238 Turkey (30.767 reunification of spouses) (6.785 from Turkey) 45.242 in 2009 (33.194reunification of spouses) (3.512 first half year from Turkey) success rate 2008: 59% (54% external / 73% internal) success rate 2009: 64% (61% external / 74% internal) success rate Turkey 2008: 60% (57% external / 92% internal) success rate Turkey2009:68% (64% external / 92% internal) The internal candidates usually perform better in the test. Clear increase looking at the success rate in Turkey.
Law and Reality? BVerwGE 30 March 2010 Constitutionality of the language requirement? Art. 3 Basic Law (Art. 8 ECHR, Art. 7 Charta, RL 2003/86/EC) - no right to family reunification - right to respect family life - central: question of proportionality… - high margin of appreciation
Law: Basic knowledge abroad… … promote integration … protect from forced marriages (HR)
Law: Basic knowledge abroad… … promote integration success in the process of integration is more rapid, earlier and more (result-oriented) guaranteed, rule is targeted to all, but not an absolute obstacle: exemption for illness or handicap, level A1 = low requirement, courses are available, the way of learning is free, length of time ca. one year only, it is reasonable (incl. alphabetisation), success quote of 68%, in case of failure return (of the sponsor) in home country reasonable, in spite of integration … protect from forced marriages (HR) control is more difficult for families-in-law in Germany, victims are able to contact authorities (in written form).
Reality: Basic knowledge abroad… … promote integration success in the process of integration is more rapid, earlier and more (result-oriented) guaranteed, rule is targeted to all, but not an absolute obstacle, exemption for illness or handicap, level A1 = low requirement, courses are available, the way of learning is free, length of time ca. one year only is reasonable (incl. alphabetisation), success quote of 68%, in case of failure return (of the sponsor) in home country reasonable, in spite of integration … protect from forced marriages (HR) control is more difficult for families-in-law in Germany, victims are able to contact authorities (in written form).
Interview partner see… • Courses as positive, but cost and efforts as burden • language requirement not easy to fulfil • Strenuous effort, psychological burdens, partner stress and family stress, separation and divorces in consequence • Discrepancy between what is demanded and the knowledge that those involved actually possess • High (administrative) cost and efforts vs. low output • Regulation reinforces the imbalance of power between woman and men • Tests does not prevent forced marriages, but does select or prevent entry from outside Germany
Report of the Commission of Oct. 2008 „Their [integration measures] admissibility under the Directive depends on whether they serve this purpose and whether they respect the principle of proportionality. Their admissibility can be questioned on the • basis of the accessibility of such courses or tests, • how they are designed and/or organised (test materials, fees, venue, etc.), • whether such measures or their impact serve purposes other than integration (e.g. high fees excluding low-income families).”
