Germany: Act Concerning the Entry and Residence of Aliens in the Territory of the Federal Republic (Aliens Act)

Chapter I - GENERAL PROVISIONS

Section 1 - Immigration and residence of aliens

(1)  Under this Act aliens may enter the territory of the Federal Republic of Germany, including the Land of Berlin (the Federal territory) and may reside there, unless otherwise determined by law.

(2)  An alien is any person who is not a German national within the meaning of Article 116, para. 1 of the Basic Law.

Sec. 2 - Scope

(1)  This Act shall not apply to foreigners

1.         who are not subject to German jurisdiction under sections 18 to 20 of the Judicature Act;

2.         insofar as they are exempt, in accordance with international treaties on diplomatic and consular relations and on the activities of international organizations and institutions, from immigration restrictions, from the obligation to register as aliens and from the requirement to obtain a residence permit, to the extent that exemptions from these requirements depend on reciprocal arrangements.

(2)  This Act shall only apply to aliens who enjoy freedom of movement under European Community law except where otherwise determined by European Community law and the EEC Residence Act.

Sec. 3 - Requirement to obtain permission for residence

(1)  Aliens require a residence permit in order to enter and remain in Federal territory. The Federal Minister of the Interior may, in order to facilitate the residence of aliens, provide by way of statutory instrument, with the consent of the Bundesrat, that they may be exempt from the requirement to obtain a residence permit.

(2)  A residence permit is also required by aliens employed as crew members of a sea-going vessel which is entitled to fly the flag of the Federal Republic.

(3)  The residence permit must be obtained, in the form of a visa, before entry. The Federal Minister of the Interior may determine by way of a statutory instrument, with the consent of the Bundesrat, that the residence permit may be obtained before entry from the Aliens Authority, or after entry.

(4)  The statutory instruments under paragraph 1, second sentence, and paragraph 3, second sentence, may be issued without the consent of the Bundesrat where this is necessary in order to comply with an inter-State agreement. They will lapse no later than three months after they have entered into force.

(5)  The stay of an alien who does not require a residence permit may be subject to temporal and territorial restrictions, and to special terms and conditions.

Sec. 4 - Passport obligations

(1)  Aliens wishing to enter or reside in Federal territory must possess a valid passport.

(2)  The Federal Minister of the Interior may, with the consent of the Bundesrat, issue statutory instruments to

1.         exempt from the obligation to hold a passport aliens whose return is guaranteed

2.         introduce or admit other official identity documents in place of a passport.

Chapter 2 - ISSUE AND EXTENSION OF THE RESIDENCE PERMIT

1.     The residence permit

Sec. 5 - Categories of residence permit

The residence permit is issued in the form of

1.   a residence licence (sections 15, 17),

2.   a residence entitlement (section 27),

3.   a residence voucher (sections 28, 29),

4.   a residence authorization (section 30).

Sec. 6 - Who may claim a residence permit

(1)  Aliens must be issued on request with a residence permit if they have a right to claim one. A residence permit may only be refused where such a right is precluded on the basis of section 10, para. 2, or where expressly determined by law.

(2)  Where a claim for the issue or extension of a residence permit is dependent on the duration of lawful residence in Federal territory, or on the possession of a residence permit, periods spent by the alien in preventive detention will not be counted.

Sec. 7 - Issue of residence permits in other cases

(1)  Where there is no entitlement to the issue of a residence permit, aliens wishing to enter or remain in Federal territory may, on request, be issued with a residence permit.

(2)  A residence permit will normally be refused where

1.         there are grounds for deportation,

2.         the alien cannot provide for his own maintenance, including adequate sickness insurance, from his own earnings, property or other independent means, or from maintenance payments by family members or third parties, stipends, retraining or education grants, unemployment pay or other public resources based on contributions, or

3.         the presence of the alien otherwise harms or endangers the interests of the Federal Republic of Germany.

(3)  A visa may be issued, notwithstanding the provisions of paragraph 2, exclusively for the purpose of transit travel through Federal territory (a transit visa), if the alien's departure is guaranteed and the transit journey does not adversely affect interests of the Federal Republic of Germany.

Sec. 8 - Special grounds for refusal

(1)  The residence permit will be refused, even if the conditions for claiming one under this Act are fulfilled, if

1.         the alien has entered the country without the requisite visa,

2.         he has entered with a visa which, on the basis of the information supplied in the visa application, has been issued without the necessary consent of the Aliens Authority,

3.         he does not possess the necessary passport,

4.         the identity or nationality of the alien has not been established, and he has no right of return to another State.

(2)  An alien who has been deported or expelled may not re-enter and reside in Federal territory; he will not be issued with a residence permit, even if the conditions for claiming one under this Act are fulfilled. On application, a time limit will normally be attached to these consequences, to run from the time of departure.

Sec. 9 - Exceptions and exemptions from the grounds of refusal

(1)  The residence permit may be issued notwithstanding the provisions of

1.         section 8, para. 1, no. 1, if it is clear that the conditions for claiming the residence permit under this Act are fulfilled, and if the alien's obligation to hold a visa is due solely to the purpose or duration of his intended stay.

2.         section 8, para. 1, no. 2, if it is clear that the conditions for claiming a residence permit under this Act are fulfilled.

3.         section 8, para. 1, nos. 3 and 4 in certain cases specifically provided for, especially where the conditions for claiming the residence permit under this Act are fulfilled, and where the alien is lawfully resident in Federal territory and cannot reasonably obtain a passport or an entitlement to return to another State.

(2)        The Federal Minister of the Interior, or an agency appointed by him, may in certain cases allow exceptions before the entry of the alien from section 8, para. 1, nos. 3 and 4, for the purpose of crossing the frontier and a subsequent stay of up to six months.

(3)        An alien who has been deported or expelled may, in exceptional cases, be permitted to enter Federal territory for a short period before the expiry of the time limit pursuant to section 8, para. 2, second sentence, if there are pressing reasons for his presence or if the refusal of such permission would cause undue hardship.

(4)        The Federal Minister of the Interior will determine, when necessary in order to comply with obligations under international law, to provide by way of statutory instrument with the consent of the Bundesrat that the temporary residence of aliens will be facilitated by providing that they may enter and remain in the country for a period not exceeding three months, notwithstanding the provisions of section 7, para. 2 and section 8, para. 2.

Sec. 10 - Residence permit for the purpose of taking up employment

(1)  Aliens who wish to remain in Federal territory for more than three months in order to work for an employer will be issued with a residence permit only in accordance with a statutory instrument as provided in paragraph 2.

(2)  The Federal Minister of the Interior shall determine, by way of a statutory instrument issued with the consent of the Bundesrat, the conditions and restrictions on residence permits issued for the purpose of paid employment, where this is necessary to protect the interests of the Federal Republic of Germany and the obligations undertaken by it. The statutory instrument may prescribe restrictions to particular occupations or types of employment and particular categories of aliens, and the type and duration of the residence permit, and may restrict or preclude the issue of a residence permit of indefinite duration.

(3)        The statutory instrument must be rescinded on demand of the Bundesrat.

Sec. 11 - Residence permits in the event of a request for asylum

(1)        An alien who has made a request for asylum may only be issued with a residence permit before the completion of the asylum procedure, except in the case of a statutory entitlement, where the superior Land authority has given its consent and where the relevant interests of the Federal Republic of Germany require it.

(2)        A residence permit which has been issued or extended by the Aliens Authority after the entry of the alien may be extended in accordance with the provisions of this Act even if the alien has made a request for asylum.

Sec. 12 - Area and duration of validity

(1)  The residence permit is issued for the territory of the Federal Republic (section 1, para. 1).Limitations as to the place of residence may be imposed either at the time of issue or subsequently.

(2)        The residence permit is issued subject to a time limit or, where determined by law, may be issued without limit of time. If a material condition for its issue or extension, or for the definition of its term of validity, is not fulfilled, a temporal restriction may subsequently be imposed on a residence permit with a time limit.

Sec. 13 - Extension of the residence permit

(1)  The rules for the issue of a residence permit apply likewise to its extension.

(2)  A visa which has been issued on the basis of the information supplied by the alien in the visa application, and without requiring the consent of the Aliens Authority, may not be extended for more than six months in total, even if the conditions for claiming an extension under this Act are fulfilled. Section 9, para. 1, no. 2, will apply mutatis mutandis.

Sec. 14 - Special terms and conditions

(1)  Conditions may be attached to the issue and extension of the residence permit. It may, in particular, be subject to the production of evidence that a third party is prepared to bear all or part of the necessary cost of homeward travel or of maintaining the alien for a specific period of time, which may not exceed the anticipated duration of his stay.

(2)  Restrictions may be attached to the residence permit, even after its issue.In particular, a prohibition may be imposed against taking up an occupation, or conditions may be attached to the type of occupation taken up.Work for an employer may not be restricted or prohibited contrary to the work permit as long as the alien is in possession of a residence permit. The same applies to any permitted form of self-employment.

(3)  Restrictions may be imposed before the residence permit is issued.

2. Residence licence and residence entitlement

Sec. 15 - Residence licence

The residence permit is issued in the form of a residence licence wherever an alien is permitted to take up residence without restriction as to its purpose.

Sec. 16 - The right to return

(1)  A residence licence will be issued notwithstanding section 10 to an alien who, being a minor, had his lawful ordinary residence in Federal territory if

1.   prior to leaving the country, the alien was lawfully resident for eight years in Federal territory, and attended school there for six years,

2.   his maintenance is secured from his own earnings or from maintenance payments for which a third party has assumed responsibility for a period of five years, and

3.   the request for the issue of the residence permit is made after completion of the 15th year and before completion of the 21st year, and within five years of leaving the country.

(2)  The conditions laid down in paragraph 1, nos. 1 and 3, may be waived in order to avoid special hardship. The conditions laid down in paragraph 1, no. 1, may be waived if the alien has obtained a recognized school-leaving certificate in the territory of the Federal Republic.

(3)  A residence licence may be refused if,

1.         the alien had been deported, or could have been deported, when he left the territory of the Federal Republic,

2.         if there are grounds for deportation, or

3.         as long as the alien is a minor and there is no guaranteed provision for his care and custody in the territory of the Federal Republic.

(4)  The residence licence will be extended, even if maintenance can no longer be secured from his own earnings or the obligation to maintain has lapsed on the expiry of the five-year period.

(5)  An alien who is in receipt of financial support from a source within the Federal Republic will normally be issued with a residence licence if he has resided lawfully for at least eight years in the Republic before his departure.

Sec. 17 - Family members joining aliens

(1)  A foreign family member of an alien may, for the purposes of the protection of marriage and the family enshrined in Article 6 of the Basic Law, be issued with a residence licence in order to establish and maintain a family home with the alien in the territory of the Federal Republic. The licence may also be extended.

(2)  The residence licence may only be issued for the purpose designated in paragraph 1 if

1.         the alien holds a residence licence or residence entitlement,

2.         there is sufficient living accommodation available, and

3.         the maintenance of the family member is secured from the alien's own earnings or property or from his other resources.

(3)  The spouse and minor unmarried children of a person with the right of asylum may be issued with a residence licence in derogation from the provisions of paragraph 2.

(4)  Sufficient living accommodation for the purposes of this Act, may not be defined to more exacting standards than would suffice for the housing of a person in search of accommodation in publicly provided rented housing. The living accommodation is not sufficient if it fails to comply with the legal requirements as to state of repair and occupancy which also apply to German nationals.Children under two years old will not be included when calculating the living accommodation sufficient to house the family.

(5)  The residence licence may be refused even where the conditions for claiming one under this Act are fulfilled, if grounds exist for the deportation of the family member, or if the alien is claiming or has to claim social assistance for other foreign family members resident in the Federal territory and whom he is generally liable to maintain, or for persons in his household whom he has maintained or has undertaken to maintain.

Sec. 18 - Spouses joining aliens

(1)  The spouse of an alien is to be issued with a residence licence, in accordance with section 17, if the alien

1.         possesses a residence entitlement,

2.         has a recognized right of asylum,

3.         holds a residence licence and if the marriage was in existence at the time the alien entered the country and was registered by the alien when the initial application for the residence licence was made, or

4.         was born in Federal territory or entered it as a minor, holds a residence licence or residence entitlement without limit of time, has resided lawfully in Federal territory for eight years, and has reached his/her majority.

(2)  The residence licence may be issued in derogation from paragraph 1, no. 3.

(3)  In the cases referred to in paragraph 1, no. 4, the spouse may be issued with a residence licence in derogation from section 17, para. 2, no. 3, if the maintenance of the spouse is guaranteed without recourse to public funds. The claim of grants and training subsidies, or of public resources based on contributions, shall not constitute an objection to the issue of the residence licence.The same applies where, in the cases referred to in paragraph 1, no. 4, the alien has been lawfully resident in Federal territory for five years and a child has been born of the marriage, or the wife is pregnant.

(4)  The residence licence may be extended, with a time limit, in derogation from section 17, para. 2, nos. 2 and 3, as long as the spouses continue to live together.

(5)  If one of the spouses has been permitted to remain in residence in accordance with section 19 following the dissolution of the marital bond, the other spouse will only be issued with a residence licence for the purpose of restoring the marital bond in Federal territory if there was no bar against his or her receiving a residence licence without limit of time when he/she left the country.

Sec. 19 - The independent right of spouses to take up residence

(1)  The spouse's residence licence will be extended in the event of the marital bond being dissolved, conferring a right of residence independent of the purpose of stay specified in section 17, para. 1, if

1.         the marital bond has lawfully existed in Federal territory for at least four years,

2.         it has lawfully existed in Federal territory for at least three years and it is necessary, in order to avoid undue hardship, to enable the spouse to remain, or

3.         the alien has died while the marital bond subsisted in Federal territory, and if

4.         the alien held a residence licence or residence entitlement until the time when the conditions defined in subparagraphs 1 to 3 came into play, unless it was impossible for him, for reasons beyond his control, to make a timely application for the extension of the residence licence.

In the cases referred to in subparagraph 2, account will also be taken of any serious handicaps to which the spouse would be exposed outside Federal territory owing to the dissolution of the marital bond.

(2)  In the cases referred to in paragraph 1, the residence licence will be extended for one year; drawing social benefits will not constitute a bar to the extension. The residence licence may thereafter be extended with a time limit, as long as the conditions for an extension without limit of time are not fulfilled.

(3)  The extension of the residence licence may be refused, notwithstanding the provisions of paragraph 2, first sentence, if grounds exist for the deportation of the spouse.

(4)  In other respects a spouse's residence licence, once extended without limit of time, confers an independent right of abode regardless of the purpose of the stay as defined in section 17, para. 1.

Sec. 20 - Children joining parents

(1)  A residence licence will be issued for an unmarried minor child of a person with the right of asylum, in accordance with section 17.

(2)  A residence licence will be issued for the unmarried child of any other alien, in accordance with section 17, if

1.         the other parent also holds a residence licence or residence entitlement, or has died, and

2.         the child is under sixteen years old.

(3)  The conditions laid down in paragraph 2, no. 1, may be waived if the parents are not married or are no longer married. A residence licence may be issued to a child who has been lawfully resident in Federal territory for five years, notwithstanding the provisions of paragraph 2, no. 1, and section 17, para. 2, no. 3.

(4)  A residence licence may otherwise be issued to the unmarried minor child of an alien in accordance with section 17, if

1.         the child has a command of the German language or it appears certain that, on the basis of his/her previous education and lifestyle, he/she can adapt to the lifestyle in the Federal Republic of Germany, or

2.         it is necessary to avoid special hardship, in the circumstances of an individual case.

(5)  An unmarried minor child of an alien who was born in Federal territory or has immigrated as a minor may be issued with a residence licence notwithstanding the provisions of section 17, para. 2, no. 3, if his/her maintenance is guaranteed without recourse to public funds. The claim of grants and education subsidies or of public funds based on contributions will not constitute an objection to the issue of the residence licence.

(6)  A residence licence issued to a child will be extended notwithstanding the provisions of section 17, para. 2, nos. 2 and 3.

Sec. 21 - Children's right of abode

(1)  A child born on Federal territory has an automatic right to a residence licence, if the mother possesses a residence licence or a residence entitlement. The residence licence will be renewed, in accordance with section 17, as long as the mother or the father with sole custody possesses a residence licence or residence entitlement. It will be extended notwithstanding the provisions of section 17, para. 2, nos. 2 and 3.

(2)  Section 16 will apply, mutatis mutandis, to the extension of a residence licence issued to a child, insofar as the conditions in paragraph 1 and in sections 17 and 20 are not present.

(3)  A residence licence issued to a child confers an independent right of abode, regardless of the purpose of the stay as defined in section 17, para. 1, if it is renewed without limit of time or subject to section 16, or if the child has reached his/her majority.

(4)  The residence licence may be extended with a time limit, as long as the conditions for an extension without limit of time are not present.

Sec. 22 - Other family members joining aliens

Other members of the family of an alien may be issued with a residence licence, in accordance with section 17, where this is necessary in order to avoid undue hardship. The provisions of section 18, para. 4, and section 19 will apply, mutatis mutandis, to family members who have reached their majority; minors are covered by section 20, para. 6, and section 21, paras. 2 to 4.

Sec. 23 - Foreign relatives of German nationals

(1)  A residence licence will be issued, in accordance with section 17, para. 1, to

1.         the foreign spouse of a German national,

2.         the foreign minor unmarried child of a German national,

3.         the foreign parent of a minor unmarried German national, for the purpose of exercising care and custody if the German national is ordinarily resident in Federal territory.

(2)  The residence licence is normally issued for three years. It will be extended for a further period, as long as the family continues to live together with the German national on Federal territory and the conditions for an extension without limit of time are not yet present.

(3)  Section 17, para. 5, and sections 19 and 21 will apply mutatis mutandis, the alien's residence permit being replaced by the ordinary residence of the German national on Federal territory.

(4)  Section 22 will apply, mutatis mutandis, to other family members.

Sec. 24 - Residence licence without limit of time

(1)  The residence licence will be extended without limit of time if the alien

1.         has held a residence licence for five years,

2.         is an employee with a special work permit,

3.         is in possession of the other permits required to exercise his occupation on a continuing basis,

4.         can make himself understood orally in simple German,

5.         has sufficient living accommodation (section 17, para. 4) for himself and the family members sharing his household, and if

6.         there are no grounds for deportation.

(2)  if the alien is not in paid work, the residence licence will only be extended, in accordance with paragraph 1, if the alien's maintenance can be guaranteed

1.         from his own property or other resources of his own, or

2.         through an entitlement to unemployment pay or, for a further six-month period, through an entitlement to unemployment assistance.

In the case referred to in paragraph 1, no. 2, the residence licence may be subsequently restricted in time if the alien is unable to show, within three years, that his maintenance is guaranteed from his own earnings.

Sec. 25 - Residence licence without limit of time for spouses

(1)  In the case of spouses living together it is sufficient if the conditions laid down in section 24, para. 1, nos. 2 and 3, and para. 2, first sentence, are fulfilled by one of the spouses.

(2)  A residence licence issued to one of the spouses in accordance with section 18 will be extended without limit of time following dissolution of the marriage, notwithstanding the provisions of section 24, para. 1, nos. 2 and 3, and para. 2, first sentence, if the maintenance of the spouse is guaranteed through maintenance payments from the alien's own resources and if the latter holds a residence licence or residence entitlement without limit of time.

(3)  A residence licence issued to the spouse of a German national will normally be extended without limit of time after three years, if the marriage with the German national is still in existence and the conditions laid down in section 24, para. 1, nos. 4 and 6 are present. If the marriage is dissolved, paragraph 2 will apply mutatis mutandis.

Sec. 26 - Residence licence without limit of time for children joining parents

(1)  A residence licence issued to a minor alien for the purpose defined in section 17, para. 1, will be extended without limit of time notwithstanding the provisions of section 24, if the alien, on completing his 16th year, has been in possession of the residence licence for eight years. This also applies if the alien

1.         has reached his majority and has been in possession of the residence licence for eight years,

2.         has a sufficient knowledge of the German language, and

3.         is able to maintain himself from his own earnings or property or from other resources of his own, or is undergoing a course of training which leads to a recognized educational or occupational qualification.

(2)  In calculating the required period for having held a residence licence in accordance with paragraph 1, periods in which the alien has been attending school outside Federal territory will not normally be included.

(3)  A residence licence without limit of time may only be refused if

1.         grounds for deportation exist which are based on the personal conduct of the alien,

2.         the alien has been sentenced, in the past three years, to a youth penalty or a term of imprisonment of at least six months, or a fine of at least 180 days' equivalent, for an intentional criminal act, or if he has received a suspended youth sentence, or

3.         his maintenance cannot be guaranteed without claiming social assistance or youth support in accordance with Volume 8 of the Code of Social Legislation, unless the alien is undergoing a course of training leading to a recognized educational or occupational qualification.

In the cases covered by paragraph 1, the residence licence may be extended subject to a time limit. In the cases referred to in subparagraph 2, if the youth penalty or imprisonment is subject to probation or is suspended, the residence licence will normally be extended subject to a time limit coinciding with the end of the period of probation.

Sec. 27 - Residence entitlement

(1)  The residence entitlement is not subject to any temporal or territorial restrictions. Special terms and conditions may not be attached to it. Section 37 is unaffected.

(2)  An alien will be issued with a residence entitlement if

1.         he has

a.         possessed a residence licence for eight years, or

b.         possessed a residence licence without limit of time for three years, and was previously in possession of a residence authorization,

2.         his maintenance is guaranteed from his own earnings, property or other resources of his own,

3.         he has made at least 60 months' compulsory or voluntary contributions to the statutory pension scheme, or can show an entitlement based on contributions to similar benefits from an insurance or welfare scheme or from an insurance company,

4.         he has not been sentenced, within the past three years, to a youth penalty or a term of imprisonment or a fine equivalent to 180 days, or to any higher penalty, for an intentional criminal act, and

5.         the conditions laid down in section 24, para. 1, nos. 2 to 6 are fulfilled.

(3)  In certain circumstances a residence entitlement may be granted to an alien notwithstanding the provisions of paragraph 2 (1), if he has possessed a residence licence for five years. This will be the case, in particular, with

1.         former German nationals,

2.         aliens married to German nationals,

3.         persons with the right of asylum, and aliens with similar status.

(4)  In the case of spouses living together it is sufficient if the conditions laid down in paragraph 2, nos. 2 and 3, and in section 24, para. 1, nos. 2 and 3, are fulfilled by one of the spouses.

(5)  In the case of aliens liable to penal detention, the time limit prescribed in paragraph 2 (4) begins when they are released from custody.

3.     Residence voucher

Sec. 28 - Residence voucher

(1)  A residence permit is issued in the form of a residence voucher if an alien is allowed to remain only for a specific purpose which, of its nature, requires only a temporary stay. Section 10 is unaffected.

(2)  The residence voucher will be limited in time, in accordance with the purpose of the stay. It will be issued for not longer than two years, and may be extended for not more than two years at a time if the purpose of the stay has not yet been achieved and can still be achieved within a reasonable time.

(3)  Before an alien leaves the country, the residence voucher cannot normally be renewed or extended for a different purpose. A residence licence cannot be issued until one year has elapsed since the departure of the alien; this will not apply in the case of a statutory entitlement or where the public interest requires otherwise. The above provisions do not apply to aliens whose stay in Federal territory has not yet exceeded one year.

(4)  An alien who wishes, for professional or family reasons, to stay on more than one occasion in Federal territory, may be issued with a visa enabling him to stay for a total of three months every year. An alien who receives maintenance payments from a liable person in Federal territory, and who has family connections in Federal territory, will normally be issued with a visa in accordance with the first sentence above.

Sec. 29 - Residence voucher for family members

(1)  The spouse of an alien who possesses a residence voucher may, for the purposes of the protection of marriage and the family enshrined in Article 6 of the Basic Law, be issued with a residence voucher in order to establish and maintain a marital home with the alien in Federal territory, if

1.         the maintenance of the alien and of the spouse is guaranteed without recourse to social assistance, and

2.         sufficient living accommodation (section 17, para. 4) is available.

(2)  An unmarried minor child of an alien holding a residence voucher may be issued with a residence voucher in accordance with the provisions of section 20, paras. 2 to 4, and section 21, para. 1, first sentence, as applicable to the issue of a residence licence to an unmarried minor child. For the purpose of defining guaranteed maintenance, it is sufficient that the maintenance can be guaranteed without recourse to social assistance.

(3)  A residence voucher of a spouse and a child can only be extended as long as the alien possesses a residence voucher and the family unit remains in existence. In the case of an extension, the requirement for guaranteed means of support may be waived.

4.     Residence authorization

Sec. 30 - Residence authorization

(1)  A residence permit is issued in the form of a residence authorization if an alien is to be allowed, on international legal grounds or for pressing humanitarian reasons, or to protect the political interests of the Federal Republic of Germany, to enter and remain in Federal territory, and where no residence licence can be issued or is to be refused in accordance with one of the grounds for refusal specified in section 7, para. 2.

(2)  An alien who is lawfully residing in Federal territory may be issued with a residence authorization on pressing humanitarian grounds if

1.         the issue or extension of another form of residence permit is excluded and

2.         there are particular circumstances in the individual case which would signify exceptional hardship for the alien if he had to leave the Federal territory;

insofar as the alien could not anticipate a further period of residence in Federal territory, the duration of his previous residence and that of members of his family will not be regarded as pressing humanitarian grounds.

(3)  An alien who has received a final order to leave the country may be issued with a residence authorization, notwithstanding the provisions of section 8, para. 1, if the conditions prescribed in section 55, para. 2, for the grant of a temporary consent are met, where for reasons beyond his control he cannot leave voluntarily and cannot be deported.

(4)  In other instances an alien who has been under a final order to leave for at least two years, and who holds a temporary consent may, notwithstanding the provisions of section 8, paras. 1 and 2, be issued with a residence authorization, unless the alien refuses to comply with reasonable requests for the removal of the bar to deportation.

(5)  An alien in whose case the Federal Office for the Recognition of Foreign Refugees has finally confirmed that the conditions prescribed in section 51, para. 1, are fulfilled, will be issued with a residence authorization if his deportation is impossible on legal or factual grounds. In other instances an alien whose request for asylum has been finally rejected, or who has withdrawn his request for asylum, may only be granted a residence authorization in accordance with paragraphs 3 and 4.

Sec. 31 - Residence authorization for family members

(1)  A spouse and an unmarried minor child of an alien who possesses a residence authorization may be issued with a residence authorization for the purpose of establishing and maintaining a family unit with the alien in Federal territory, in accordance with section 30, paras. 1 to 4, and notwithstanding the provisions of section 30, para. 5, second sentence.

(2)  A child born in Federal territory is automatically entitled to a residence authorization, if the mother has one. The residence authorization will be extended as long as the mother, or a father with sole custody, holds a residence authorization.

Sec. 32 - Authority for superior Land authorities to accept aliens

By agreement with the Federal Minister of the Interior, the superior Land authority may, for international legal reasons or on humanitarian grounds, or to protect political interests of the Federal Republic of Germany, order a residence authorization to be issued to aliens from particular States, or otherwise to particular categories of aliens, andthat residence authorizations already issued should be extended.

Sec. 33 - Admission of aliens

(1)  The Federal Minister of the Interior, or an agency appointed by him, may admitan alien to Federal territory for the purpose of granting residence if required to do so by international law or on humanitarian grounds, or by the political interests of the Federal Republic.

(2)  A residence authorization will be issued to an alien admitted in accordance with paragraph 1.

Sec. 34 - Duration of the residence authorization

(1)  The residence authorization may be issued and extended for not more than two years at a time.

(2)  The residence authorization may not be extended if the bar to deportation, or other grounds for withholding termination of residence, no longer exist.

Sec.   35 - Protracted stay on humanitarian grounds

(1)  An alien who has held a residence authorization for eight years may be issued with a residence licence without limit of time if the conditions laid down in section 24, para. 1, nos. 2 to 6 are fulfilled and his maintenance is guaranteed from his own earnings or property. The period of residence for the asylum procedure prior to the issue of the residence authorization is included in the eight years.

(2)  In the case referred to in paragraph 1, first sentence, the spouse and unmarried minor children of the alien will also be issued with a residence licence if they are in possession of a residence authorization at the time. For the purpose of issuing the residence licence without limit of time, the length of time for which the holder has had the residence authorization will be included in the period for which he/she must have held a residence licence.

Chapter 3 - RESIDENCE AND PASSPORT REQUIREMENTS

Sec. 36 - Enforced departure in the event of a territorial restriction

An alien must, without delay, leave any part of Federal territory in which he is residing without the permission of the Aliens Authority and contrary to a territorial restriction.

Sec. 37 - Prohibition and restriction of political activity

(1)  Aliens may be politically active to the extent permitted by law. Political activity by a foreigner may be restricted or prohibited to the extent that it

1.         adversely affects or endangers the democratic process in the Federal Republic of Germany, or the peaceful coexistence of Germans and aliens or of different categories of aliens in Federal territory, public security and public order, or other key interests of the Federal Republic of Germany,

2.         may be contrary to the foreign policy interests or the international legal obligations of the Federal Republic of Germany,

3.         offends against the law of the Federal Republic of Germany, in particular through the use of force, or

4.         is designed to promote parties or other associations, institutions or trends outside Federal territory whose aims or methods are incompatible with the basic values of a political system which respects human dignity.

(2)  Political activity by an alien will be prohibited to the extent that it

1.         endangers the democratic system or the security of the Federal Republic of Germany, or is contrary to the codified rules of international law,

2.         publicly endorses or advocates the use of force as a means of achieving political, religious or other aims, or is designed or adapted to foment the use of force, or

3.         supports organizations, political movements or groups inside or outside Federal territory which have organized, advocated or threatened attacks against persons or property within Federal territory, or against Germans or German institutions outside Federal territory.

Sec. 38 - Notification of residence

The Federal Minister of the Interior may, to protect the interests of the Federal Republic of Germany, provide by way of statutory instrument, with the consent of the Bundesrat, that aliens who are exempt from the requirement to hold a residence permit, and aliens who enter the country with a visa must notify their presence after entry to the Aliens Authority, or to another agency which in turn will inform the Aliens Authority.

Sec. 39 - Substitute identity documents

(1)  An alien who does not possess a passport and cannot reasonably obtain one will satisfy the obligation to hold an identity document by producing a certificate, bearing his personal details and a photograph (substitute identity document), showing that he has a residence authorization or a temporary consent to remain.

(2)  The Federal Minister of the Interior may determine, by means of a statutory instrument issued with the consent of the Bundesrat, that aliens who do not possess a passport or passport substitute, and cannot reasonably obtain one, may be issued with a travel document as a substitute for a passport, may be given a certificate of entitlement to return to Federal territory, and may be exempted from the obligation to produce a passport for the purpose of crossing the frontier.

Sec. 40 - Legal obligations as to personal identification

(1)  An alien must show, hand over and temporarily surrender his passport, passport substitute or replacement identity document, together with his residence permit or temporary consent, on demand by the authorities responsible for implementing this Act, wherever required for the purpose of performing or ensuring the performance of measures under this Act.

(2)  The Federal Minister of the Interior issues statutory instruments, with the consent of the Bundesrat, to regulate the legal obligations as to personal identification of aliens resident in Federal territory in respect of the issue and extension, loss and recovery, and presentation and surrender of a passport, passport substitute and replacement identity document.

Sec. 41 - Ascertaining identity

(1)  If there is doubt concerning the identity or nationality of an alien, all necessary steps will be taken to establish his identity or nationality if

1.         the alien is to be permitted to enter the country or is to be issued with a residence permit or temporary consent to remain, or

2.         such steps are required in order to implement other measures in accordance with this Act.

(2)  For the purpose of establishing identity, the investigative measures laid down in section 81 b of the Code of Penal Procedure may be carried out if identity cannot be established by other means, especially by enquiries from other authorities, or cannot be established at the proper time or only with considerable difficulty.

(3)  Even if the conditions laid down in paragraphs 1 and 2 are not present, investigative measures may be pursued if the alien seeks to enter, or has entered, with a counterfeit or falsified passport or passport substitute, or if there are grounds for suspecting that the alien is again seeking to enter Federal territory without permission after being refused entry, or after his residence has been terminated.

(4)  The alien must co-operate with the investigative procedures.

Chapter 4 - TERMINATION OF RESIDENCE

1.     Grounds for enforced departure

Sec. 42 - Enforced departure

(1)  An alien will be obliged to depart if he does not possess the necessary residence permit, or no longer possesses one.

(2)  The obligation to depart becomes enforceable if the alien

1.         has entered without permission,

2.         following the expiry of his residence permit, has not yet applied for its extension, or for the issue of a new one, or

3.         has not yet applied for the initial issue of the required residence permit, and the statutory period for applying has elapsed.

In other instances the obligation to depart will become enforceable only when the refusal of the residence permit, or any other administrative decision whereby the alien is obliged to depart in accordance with paragraph 1, becomes enforceable.

(3)  When the obligation to leave becomes enforceable, the alien must leave Federal territory without delay or, if a time limit for departure has been set, before the expiry of the time limit. The time limit for departure ends no later than six months after the obligation to depart has become final and unappealable. Extensions may be granted in cases of special hardship.

(4)  The alien will only satisfy his obligation to leave by entering another Member State of the European Community if he is permitted to enter and reside in that State.

(5)  An alien who is under an obligation to leave and who wishes to change his dwelling or leave the district of the Aliens Authority for more than three days must give prior notice to the Aliens Authority.

(6)  The passport, or passport replacement, of an alien who is under an obligation to leave will be taken into safekeeping until he leaves.

Sec. 43 - Revocation of the residence permit

(1)  The residence permit may only be revoked if the alien

1.         no longer possesses a valid passport or passport replacement,

2.         changes or loses his nationality,

3.         has not yet entered the country, or if

4.         his right of asylum, his status as a foreign refugee, or the confirmation that the conditions laid down in section 51, para. 1, are present, lapses or becomes ineffective.

(2)  In the cases covered by paragraph 1, no. 4, the residence permits of family members living with the alien may also be revoked, if they have no entitlement to a residence permit.

Sec. 44 - Termination of lawful residence; continuation of restrictions

(1)  Except where the validity of a residence permit has expired or where it has been revoked or there is cause for cancelling it, the permit will lapse if the alien

1.         is deported

2.         leaves the country for a reason which is inherently other than temporary,

3.         has left the country and has not re-entered within six months, or any longer time limit fixed by the Aliens Authority.

A visa issued to cover entry on several occasions, or for a period of more than three months, will not lapse in accordance with subparagraphs 2 and 3.

(2)  The residence permit will not lapse pursuant to paragraph 1, no. 3, if the time limit is exceeded solely in order to fulfil a national military service obligation in the home State, and the alien re-enters the country within three months of his discharge from the armed services.

(3)  A longer time limit will normally be set pursuant to paragraph 1, no. 3, if the alien wishes to leave for a reason which is inherently other than temporary, and is holding a residence licence without limit of time or a residence entitlement, or if his stay outside Federal territory serves the interests of the Federal Republic of Germany.

(4)  The period of an alien's stay outside Federal territory, up to six months, will be included in the periods for which a residence licence must have been held for the purpose of obtaining an indefinite extension of the residence licence and the grant of a residence entitlement, if he has stayed for more than six months outside Federal territory without his residence permit lapsing.

(5)  The exemption from the requirement to hold a residence permit will lapse if the alien is deported or expelled. Section 8, para. 2, will apply mutatis mutandis.If there is a temporary restriction on the stay, in accordance with section 3, para. 5, the exemption lapses on expiry of the time limit.

(6)  Territorial and other limitations and conditions under this and other Actsshall remain in force even if the current residence permit or temporary consent has lapsed, until they are repealed or the alien has complied with his obligation to leave under section 42, paras. 1 to 4.

Sec. 45 - Deportation

(1)  An alien may be deported if his presence adversely affects public security and public order, or other key interests of the Federal Republic of Germany.

(2)  In any decision regarding deportation, account must be taken of

1.         the length of lawful residence and the need to protect personal, financial and other ties of the alien in Federal territory,

2.         the consequences of deportation for members of the alien's family who are lawfully residing in Federal territory and are sharing a family home with him, and

3.         the grounds for granting a temporary consent referred to in section 55, para. 2.

(3)  An administrative ruling by a Land against the deportation, in all or most instances, or aliens or specific categories of aliens where any or all of the conditions laid down in paragraph 1 and in section 46 are met, must receive the assent of the Federal Minister of the Interior.

Sec. 46 - Specific grounds for deportation

A person may be deported under section 45, para. 1, if, in particular, he

1.         endangers the basic democratic freedoms or the security of the Federal Republic of Germany, or participates in acts of violence in pursuit of political aims, or publicly espouses or threatens the use of force,

2.         has committed more than one breach of law of a serious nature or has infringed judicial or official decisions or orders, or has committed a criminal act outside Federal territory which is regarded within the Federal territory as an intentional criminal act ,

3.         offends against any law or official enactment concerning prostitution,

4.         uses heroin, cocaine or a similar dangerous drug and is not prepared to undergo the treatment necessary for his rehabilitation, or evades it,

5.         endangers public health through his conduct, or is homeless in the long term

6.         claims social assistance, or is obliged to claim it, for himself, for members of his family residing in Federal territory and whom he has a general duty to maintain, or for persons in his household whom he has supported or has undertaken to support, or

7.         receives assistance to maintain children outside his own family, or assistance for young adults according to Volume 8 of the Code of Social Legislation; this does not apply to a minor whose parents or parent with sole custody are lawfully resident in Federal territory.

Sec. 47 - Deportation on the ground of special risk

(1)  An alien will be deported if he

1.         has been sentenced by a court to a term of imprisonment of at least five years for one or more intentional criminal acts, or

2.         has been sentenced by a court on several occasions to terms of imprisonment totalling at least eight years for intentional criminal acts, or has recently been ordered to be kept in preventive custody.

(2)  An alien will normally be deported if he

1.         has been sentenced by a court to a term of imprisonment for one or more intentional criminal acts, and has not been given a conditional discharge,

2.         contrary to the provisions of the law on intoxicating drugs, cultivates, produces, imports, transports, exports, sells or transfers intoxicating drugs to another person, or traffics in them in any other manner or deals in them, or if he instigates or assists in such acts.

(3)  An alien who enjoys enhanced protection against deportation in accordance with section 48, para. 1, will normally be deported in the circumstances referred to in paragraph 1.In the circumstances referred to in paragraph 2, the decision on deporting him will be discretionary.

Sec. 48 - Special protection against deportation

(1)  An alien who

1.         possesses a residence entitlement,

2.         possesses a residence licence without limit of time, and was born in Federal territory or entered it as a minor,

3.         possesses a residence licence without limit of time and lives in a marital relationship with an alien in the categories specified in nos. 1 and 2,

4.         shares a family home with a German family member,

5.         has a recognized right of asylum, enjoys the legal status of a foreign refugee in Federal territory or holds a travel document issued by an official agency in the Federal Republic of Germany in accordance with the Agreement on the Legal Status of Refugees, of 28 July 1951 (BGBl. 1953 II, p. 559),

may only be deported for grave reasons of public security and public order.

(2)  A foreign minor whose parents, or parent with sole custody, are lawfully resident in Federal territory, will not be deported unless he has been judicially sentenced for a series of intentional criminal acts having a degree of gravity, for major criminal acts or for one particularly serious criminal act. The same applies to a young person who was born or grew up in Federal territory and who lives in the same household as his parents.

(3)  An alien who has made a request for asylum which is admissible may only be deported on condition that the asylum procedure has been finally concluded without his being granted the right of asylum. This provision will be waived if

1.         circumstances exist which justify deportation under paragraph 1, or

2.         the request for asylum has been dismissed as manifestly groundless under section 11 of the Asylum Procedure Act.

2. Enforcement of the obligation to leave

Sec. 49 - Expulsion

(1)  An alien who is under an obligation to leave will be expelled if the obligation to leave is enforceable and there is no guarantee that it will be voluntarily complied with under section 42, paras. 3 and 4, or if a supervised departure appears necessary on grounds of public security and public order.

(2)  If the alien is in detention or some other form of public custody under a court order, his departure must be supervised. The same will apply if the alien

1.         fails to leave within the time limit set for him,

2.         has been ordered to leave in accordance with section 47,

3.         is without visible means of support,

4.         does not possess a passport,

5.         has attempted to deceive the Aliens Authority by giving false information, or has refused to give information, or

6.         has made it known that he does not intend to comply with his obligation to leave.

Sec. 50 - Warning of expulsion

(1)  Written warning of expulsion must be given, and a time limit for departure must be laid down. The warning must designate the State to which the alien is to be expelled, unless the alien possesses the nationality of that State. The warning must specify the administrative decision whereby the alien is obliged to depart in accordance with section 42, para. 1.

(2)  In cases covered by section 49, para. 2, first sentence, no time limit need be set; the alien will be expelled directly from detention or public custody.At least one week's notice must be given of expulsion.

Sec. 51 - Prohibition against expelling victims of political persecution

(1)  An alien may not be expelled to a State in which his life or freedom is threatened by reason of his race, religion, nationality, membership of a particular social group, or his political convictions.

(2)  The conditions laid down in paragraph 1 will be deemed to exist in the case of

1.         persons with the right of asylum, and

2.         other aliens who enjoy the status of foreign refugees in Federal territory, or are recognized as foreign refugees outside Federal territory within the meaning of the Agreement on the Legal Status of Refugees.

In other cases in which the alien is pleading political persecution, the Federal Office for the Recognition of Foreign Refugees will determine, in an asylum procedure in accordance with the provisions of the Asylum Procedure Act, whether the conditions in paragraph 1 are present. The decision of the Federal Office is binding upon all agencies responsible for the implementation of this Act. It may only be contested in accordance with the provisions of the Asylum Procedure Act.

(3)  An alien in whose case the Federal Office for the Recognition of Foreign Refugees has finally determined that the conditions laid down in paragraph 1 are present, thereby fulfils the conditions laid down in Article 1 of the Agreement on the Legal Status of Refugees, of 28 July 1951.

(4)  Paragraph 1 will not apply if there are grave reasons for regarding the alien as a threat to the security of the Federal Republic of Germany, or as a danger to the public, because he has been found guilty by a court of an especially grave criminal act.

(5)  If the conditions laid down in paragraph 1 are present, there will be no waiver of the requirement to give warning of expulsion, to set an appropriate time limit and to designate in the warning the States to which the alien may not be expelled.

Sec. 52 - Expulsion in cases of possible political persecution

Section 51 will apply, mutatis mutandis, to aliens who have made an admissible request for asylum, as long as the request has not been finally rejected or dismissed as groundless, or has not been withdrawn.

Sec. 53 - Grounds for refusing to expel

(1)  An alien may not be expelled to a State in which there is actual danger of his being subjected to torture.

(2)  An alien may not be expelled to a State in which he is being sought for a criminal act and there is a risk of capital punishment. In such cases, the provisions on extradition will apply.

(3)  Where another State has made a formal request for extradition, or for arrest in connection with notification of a request for extradition, the alien may not be expelled to that State until a decision has been made on the extradition.

(4)  An alien may not be expelled if the expulsion is inadmissible under the Convention on the Protection of Human Rights and Fundamental Freedoms, of 4 November 1950 (BGBl. 1952 II, p. 686).

(5)  A general risk that an alien may be threatened with criminal prosecution and punishment in another State and, unless otherwise determined by paragraphs 1 to 4, a specific risk of a statutory penalty pursuant to the laws of another State, will not constitute a bar to expulsion.

(6)  The expulsion of an alien to another State may be waived if there is considerable actual risk to the person, the life or the freedom of the alien in that State. Risks in that State to which the population or population group to which the alien belongs are in general exposed, will be taken into account when decisions are made under section 54.

Sec. 54 - Stay of expulsion

The superior Land authority may, on international legal or humanitarian grounds, or to protect political interests of the Federal Republic of Germany, order that the expulsion of aliens from particular States, or of any other specific categories of aliens, should be stayed generally or as regards particular States, for a period of not more than six months. If the expulsion is to be stayed for longer than six months, the order must receive the assent of the Federal Minister of the Interior.

Sec. 55 - Grounds for remaining temporarily

(1)  The expulsion of an alien may be temporarily stayed only in accordance with paragraphs 2 to 4 (temporary consent).

(2) An alien will be granted temporary consent to remain as long as his expulsion is impossible on legal or factual grounds, or has to be stayed pursuant to section 53, para. 6, or section 54.

(3)  An alien may be granted a temporary consent to remain as long as he is not under a final obligation to leave, or if there are pressing humanitarian or personal reasons, or important public interests, requiring his continued temporary presence in Federal territory.

(4)  If there is a valid final decision that the expulsion of an alien is admissible, temporary consent to remain may only be granted if expulsion is impossible on legal or factual grounds, or is to be stayed in accordance with section 54.

Sec. 56 - Consent to remain temporarily

(1)  The obligation to leave of an alien allowed to remain temporarily is unaffected.

(2)  The consent is subject to a time limit, which may not exceed one year. On expiry of the time limit, the consent may be renewed in accordance with section 55.

(3)  The consent is territorially restricted to the area of the Land concerned. Further terms and conditions may be ordered. In particular, the alien may be forbidden to take up paid employment, or restricted as to the type of employment he may take up.

(4)  The consent expires when the alien leaves the country.

(5)  The consent will be revoked if the objections to expulsion cease to exist.

(6)  The alien will be expelled immediately on expiry of the consent, without a further warning or a new time limit, unless the consent is renewed. If the alien has been granted a consent of more than one year, three months notice of expulsion must be given, unless the other State is no longer willing to admit the alien.

Sec. 57 - Detention of expellees

(1)  An alien will, on the order of a court, be taken into custody prior to deportation if no immediate decision can be made on deportation, and expulsion would be rendered unduly difficult or impossible unless he is taken into custody (preparatory detention).The duration of preparatory detention may not exceed six weeks. In the event of deportation, no further court order is required for the detention to continue until the end of the period ordered.

(2)  An alien who is under an obligation to leave will, to ensure expulsion takes place, be taken into custody under a court order (preventive detention) if there are grounds for suspecting that he will evade expulsion. Preventive detention is not permissible if it is known that, for reasons outside the alien's control, expulsion cannot be carried out within the next three months.

(3)  Preventive detention may be ordered for up to six months. In cases in which the alien poses obstacles to his expulsion, it may be extended to a maximum of twelve months. Any periods of preparatory detention are to be included in the total duration of the preventive detention.

Chapter 5 - CROSSING THE FRONTIER

Sec. 58 - Entry without permission; special visa

(1)  An alien will not be permitted to enter Federal territory if he

1.         does not possess the required residence permit

2.         does not possess the required passport, or

3.         is prohibited from entering pursuant to section 8, para. 2, unless he holds an entry permit (section 9, para. 3) or has been permitted to enter pursuant to a statutory order in accordance with section 9, para. 4.

(2)  The authorities responsible for police checks on cross-border traffic may issue a special visa and papers to substitute for a passport, where empowered to do so by the Federal Minister of the Interior.

Sec. 59 - Crossing the frontier

(1)  Except where exemptions are admitted on the basis of other legal provisions or inter-State agreements, entry to and exit from Federal territory will only be permitted at the authorized frontier crossing points and within the hours fixed for such traffic.Aliens must carry a valid passport or passport substitute on entry and exit, must produce it in order to identify themselves, and must co-operate with police checks on cross-border traffic.

(2)  An alien has only entered through an authorized frontier crossing point when he has crossed the frontier and passed through the frontier crossing point.Otherwise an alien has entered once he has crossed the frontier.

Sec. 60 - Refusal of entry

(1)  An alien who seeks to enter without permission will be sent back at the frontier.

(2)  An alien may be sent back at the frontier if

1.         there are grounds for deportation,

2.         there are grounds for suspecting that his stay is not for the purpose stated.

(3)  An alien who is exempt from the requirement to hold a residence permit while temporarily staying in Federal territory may be sent back under the same conditions as those which apply to the refusal of a residence permit.

(4)  If sent back at the frontier, an alien will be sent to the State from which he is attempting to enter. He may also be sent back to the State in which he began his journey, in which he is ordinarily resident, whose nationality he possesses or which issued the passport, or to any other State which he is allowed to enter.

(5)  Section 51, paras. 1, 2 and 4, Section 52, Section 53, paras. 1, 2 and 4, and Section 57 will apply mutatis mutandis.

Sec. 61 - Enforced removal

(1)  An alien who has entered without permission will be forcibly removed within six months of crossing the frontier. If another State is obliged, on the basis of an inter-State agreement, to take back the alien, forcible removal will be admissible as long as this obligation exists.

(2)  An alien under an obligation to leave who is forcibly removed by another State will, without delay, be expelled to a State which he is permitted to enter, unless the obligation to leave has yet to become enforceable.

(3)  Section 51, paras. 1, 2 and 4, section 52, section 53, paras. 1 to 4, and section 57 and section 60, para. 4, will apply mutatis mutandis.

Sec. 62 - Departure

(1)  Aliens may depart freely from Federal territory.

(2)  An alien may be forbidden to leave pursuant to Section 10, paras. 1 and 2 of the Passport Act of 19 April 1986 (BGBl. I p. 537). Otherwise an alien may only be prevented from leaving Federal territory if he is seeking to enter another State without being in possession of the documents and permits needed to do so.

(3)  The prohibition against departure must be repealed as soon as the reason for making it ceases to exist.

Chapter 6 - PROCEDURAL REQUIREMENTS

Sec. 63 - Competence

(1)  The Aliens Authorities are competent in respect of residence and passport rules and decisions pursuant to this Act and to provisions of the law on aliens in other statutes. The nationalization authorities have competence for naturalization.

(2)  The Federal Minister of the Interior may issue a general administrative ruling, with the consent of the Bundesrat, to determine which Aliens Authority is competent in cases where

1.         the alien is not resident in Federal territory,

2.         the Aliens Authorities of several Länder possess competence under Land law, or each Aliens Authority is able to deny competence by reference to the competence of an Aliens Authority in another Land.

(3)  Responsibility for passport and visa questions abroad lies with the foreign missions to which it is entrusted by the Foreign Office.

(4)  The authorities responsible for police checks on cross-border traffic have competence for

1.         deportations and expulsions across the frontier, deciding whether to admit aliens from other States or to send them back and, to the extent necessary to secure compliance with these measures, for arrests and for seeking detention orders,

2.         granting a visa and issuing a passport substitute in accordance with section 58, para. 2, and for the implementation of section 74, para. 2, second sentence,

3.         revoking a visa in the event of the holder being sent back or re-expelled, at the request of the foreign mission which issued the visa, or at the request of the Aliens Authority which consented to the issue of the visa, insofar as its consent was necessary for that purpose,

4.         preventing departure and taking other measures at the frontier pursuant to section 82, para. 5,

5.         checking at the frontier whether transport undertakings and other third parties have observed the requirements of this Act and the regulations and orders issued pursuant to it, and

6.         any other measures and decisions under the law on aliens, where these are found necessary at the frontier and are authorized by the Federal Minister of the Interior for this purpose, either generally or in individual cases.

(5)  Responsibility for the investigative measures under section 41, paras. 2 and 3 lies with the Aliens Authorities, the authorities responsible for police checks on cross-border traffic and, where necessary for the performance of their duties under paragraph 6, the Land police forces.

(6)  The Land police forces are also responsible for refusing entry, making arrests and enforcing the obligation to leave pursuant to section 36, and for carrying out expulsions.

Sec. 64 - Obligation to consult

(1)  An entry permit (section 9, para. 3) may only be issued with the consent of the Aliens Authority responsible for the intended place of residence. The Aliens Authority which has deported or expelled the foreigner will normally be consulted.

(2)  Territorial restrictions, terms and conditions, and fixed time limits under section 8, para. 2, second sentence, orders made pursuant to section 37, and other measures directed against an alien who is not in possession of the required residence permit, may only be altered or rescinded by another Aliens Authority by agreement with the Aliens Authority which ordered the measures. This provision will not apply if the alien is resident in the district of the other Aliens Authority on the basis of an assignment order under section 22 of the Asylum Procedure Act.

(3)  An alien who is the subject of a public prosecution or a judicial inquiry may only be deported and expelled by agreement with the appropriate public prosecutor's office.

(4)  In order to secure the participation of other relevant authorities, the Federal Minister of the Interior may, by way of a statutory instrument issued with the consent of the Bundesrat, determine in which circumstances the issue of a visa will require the consent of the Aliens Authority.

Sec. 65 - Federal functions; authority to issue instructions

(1)  A visa may be issued for the purpose of protecting political interests of the Federal Government, subject to the condition that the extension of the visa and the issue of a residence permit or consent for a temporary stay after the expiry of the visa, and the cancellation and alteration of any conditions and other restrictions to which the visa is subject may only be made in consultation or agreement with the Federal Minister of the Interior or an agency designated by him; the grant of consent for a temporary stay does not require consultation, if expulsion is impossible on either legal or factual grounds.

(2)  The Federal Minister of the Interior may issue specific instructions for the implementation of this Act and of the statutory instruments enacted on the basis of this Act, if

1.         the security of the Federal Republic of Germany, or other key interests of the Federal Republic of Germany, require it,

2.         legal measures in respect of aliens adopted by one Land will adversely affect key interests of another Land,

3.         an Aliens Authority wishes to deport an alien in the category of persons exempted by consular and diplomatic missions from the requirement to hold a residence permit.

(3)  The implementation of specific instructions in the Land of Berlin requires the consent of the Senate of Berlin.

Sec. 66 - The written format; exemption from formal requirements

(1)  An administrative decision by which a passport substitute, a replacement identity document or a residence permit are refused, subjected to territorial or temporal restrictions or to other special terms and conditions, as well as a deportation order, consent for a temporary stay and restrictions to such a consent must be made in writing. The same applies to restrictions on residence pursuant to section 3, para. 5, orders made pursuant to section 37 and the revocation of administrative decisions under this Act.

(2)  Where a visa or a passport substitute is refused before entry, or restrictions are imposed on them, no reasons or instructions on right of appeal need be given; a refusal at the frontier likewise need not be given in writing.

Sec. 67 - Decisions on residence

(1)  Decisions on the residence of aliens are made on the basis of facts and circumstances accessible in Federal territory. The Aliens Authority decides, on the basis of facts available to it which are accessible in Federal territory, whether the obstacles to deportation referred to in section 53 exist and, where individual cases call for it, on the basis of the facts available to Federal authorities outside Federal territory.

(2)  If proceedings are instituted for a suspected criminal act or contravention against an alien who has applied for the issue or extension of a residence permit, the decision on the residence permit will be deferred until the conclusion of the proceedings, and if judgment is handed down against the alien, until the judgment becomes final, unless a decision can be made on the residence permit without having regard to the outcome of the proceedings.

Sec. 68 - Minors: capacity to contract

(1)  The capacity to contract under this Act shall extend to an alien who has reached his 16th year and is neither deprived of legal capacity under the provisions of the Civil Code, nor would be subject to a restriction of his legal capacity on grounds other than his minority.

(2)  A minor's lack of legal capacity shall not be a bar to his deportation or expulsion. The same applies to warnings of expulsion, and actual expulsion, to the State of origin, if his legal representative is not resident in Federal territory or his place of residence in Federal territory is unknown.

(3)  For the purposes of this Act, whether an alien is to be regarded as a minor or an adult will be determined in accordance with the provisions of the Civil Code. The legal capacity and capacity to contract of an alien who has reached his majority according to the law of his home State shall be unaffected.

(4)  The legal representatives of an alien who has not yet reached his 16th year, and other persons assuming the care of the alien in Federal territory in place of the legal representatives, are bound to make on the alien's behalf the necessary applications for the issue and extension of the residence permit and for the issue and extension of the passport, the passport substitute and the substitute identity document.

Sec. 69 - Applying for residence permits

(1)  A residence permit which can be obtained after entry, in accordance with the statutory instrument pursuant to section 3, para. 3, second sentence, must be applied for immediately after entry or within the time limit laid down in the statutory instrument. An application for a child born in Federal territory who is not automatically entitled to a residence permit must be made within six months of birth.

(2)  If an alien applies after entry for the issue of a residence permit or the extension of a visa issued without the consent of the Aliens Authority, his stay, restricted to the district of the Aliens Authority, shall be deemed lawful following the expiry of the period in which he is exempt from the requirement to hold a residence permit or following the expiry of his visa, until the Aliens Authority has made a decision on his application. The application shall not have this effect if the alien

1.         has entered without permission,

2.         was deported, or is under an obligation to leave on the basis of another administrative decision, and has not yet left, or

3.         makes a new application following the refusal of his application and before his departure.

(3)  If an application for the issue or extension of a residence permit is made by an alien who

1.         has entered with a visa issued with the consent of the Aliens Authority, or

2.         has been lawfully resident in Federal territory for more than six months,

his stay shall be deemed lawful until the decision of the Aliens Authority is made. In the cases covered by paragraph 1, the alien's stay shall be deemed lawful until the expiry of the time limit for making an application and after the application has been made until the decision of the Aliens Authority. Paragraph 2, first sentence, nos. 2 and 3, shall apply mutatis mutandis.

Sec. 70 - Co-operation by the alien

(1)  It is the responsibility of the alien to indicate his requirements without delay and also to indicate any circumstances in his favour, insofar as they are not apparent or already known, furnishing such information as can be verified, and to adduce the necessary evidence concerning his personal circumstances, together with any certificates and permits required and any other necessary documentation available to him. The Aliens Authority may set him an appropriate time limit for the purpose. Any circumstances and evidence which is adduced after the expiry of the time limit may be disregarded. The alien must be made aware of his obligations as defined above. If a time limit is set, he must be alerted to the consequences of failing to meet it.

(2)  Paragraph 1 shall apply, mutatis mutandis, in any court proceedings.

(3)  When a warning of expulsion has become final, the Aliens Authority, in making any further decision on expulsion or a stay of expulsion will not take account of circumstances constituting a bar to expulsion to the State designated in the expulsion warning, and which occurred before the expulsion warning became final. Other circumstances relied upon by the alien which constitute a bar to expulsion, or expulsion to that State, may be disregarded. The provisions whereby the alien may rely in court proceedings on the circumstances referred to above, either in an appeal or a procedure for interim judicial protection in accordance with the Rules of the Administrative Courts, are unaffected.

(4)  Where necessary for the preparation and execution of measures under this Act and under provisions of the law on aliens in other statutes, the lien may be ordered to appear in person.

Sec. 71 - Restrictions of the right of appeal

(1)  The refusal of a visa and a passport substitute at the frontier cannot be contested. The alien concerned will be referred to the possibility of making an application to the appropriate foreign mission.

(2)  The only ground for appealing, prior to the alien's departure, against the refusal of a residence permit pursuant to sections 8 and 13, para. 2, first sentence, is that the stated reason for refusal does not exist. In the cases referred to in section 8, para. 1, nos. 1 and 2, and section 13, para. 2, first sentence, it is assumed that the alien was bound to hold a visa from the moment of entering the country, and that consent had to be obtained before the visa could be issued.

(3)  No appeal can be made against the refusal to grant consent to remain temporarily.

Sec. 72 - Effects of appeals and counter-claims

(1)  Appeals and counter-claims against the rejection of an application for the issue or extension of a residence permit have no suspensive effect.

(2)  Appeals and counter-claims, notwithstanding their suspensive effects, shall not affect the legal force of a deportation order or of any other administrative decision which terminates a lawful period of residence. The lawfulness of the residence is not interrupted if the administrative decision is rescinded by a decision of a public authority or a final decision by a court.

Sec. 73 - The duty of transport agents to provide return transport

(1)  If an alien who wishes to enter by air, sea or land transport is refused entry, the transport agent must immediately remove him from the country.

(2)  The obligation under paragraph 1 will continue for three years in respect of aliens who are transported into Federal territory without the passport or visa which they require on the ground of their nationality, and who are not refused entry because they allege political persecution or rely on the circumstances referred to in section 53, paras. 1 or 4; the obligation ceases if the alien is issued with a residence permit under this Act.

(3)  The transport agent must, on request by the authorities responsible for police checks on cross-border traffic, bring the foreigner to the State of origin or to the State which has issued the passport or from which he has travelled.

Sec. 74 - Other obligations of transport agents

(1)  A transport agent may only bring aliens into Federal territory by air or sea transport if they are in possession of the passport and visa which are required by reason of their nationality. The Federal Minister of the Interior or an agency appointed by him may, by agreement with the Federal Minister for Transport, forbid a transport agent to bring aliens into Federal territory by other means if they are not in possession of the passport and visa required by reason of their nationality.

(2)  The Federal Minister of the Interior, or an agency appointed by him may, by agreement with the Federal Minister of Transport, require a transport agent

1.         not to bring aliens into Federal territory contrary to paragraph 1, first sentence, and

2.         to take heed that, in the event of any transgression of this order or of the transport prohibition in paragraph 1, second sentence, a fine will be payable in accordance with the second sentence.

For every alien whom he brings in contrary to an order made in accordance with the first sentence, no. 1, or paragraph 1, second sentence, a transport agent will be liable to a fine of not less than five hundred German marks and not exceeding five thousand German marks; in the case of transport by air or by sea, the fine will not be less than two thousand German marks.

(3)  Orders in accordance with paragraph 1, second sentence, and paragraph 2, first sentence, will only be made if the transport agent, despite prior warning, has brought in aliens without the passport or visa required, or if there are grounds for suspecting that such aliens will be brought in. Appeals and counter-claims against such orders will not have suspensive effect.

Sec. 75 - Collection of personal data

(1)        The authorities responsible for implementing this Act may collect personal data for the purpose of implementing the Act and other provisions of the law on aliens, where this is necessary for the performance of their obligations under this Act and under the provisions of the law on aliens found in other statutes.

(2)  The data are to be collected from the person concerned. They may also be collected, without the participation of the person concerned, from other public agencies, foreign authorities and private agencies, if

1.         there is a provision or requirement to that effect in this Act or in other legal provisions,

2.         it is in the interest of the person concerned and it can be assumed that he gave his consent in knowledge of the purpose for which the data would be used,

3.         the co-operation of the person concerned is not sufficient, or obtaining it would involve unreasonable expenditure,

4.         the nature of the task to be performed requires the collection of data from other persons or agencies,

5.         it is necessary in order to check the information supplied by the person concerned.

Data may only be collected in accordance with subparagraph 2, nos. 3 or 4, if there is no likelihood of an adverse impact on those key interests of the individual which require protection.

(3)  If personal data are collected from the individual concerned on the basis of a legal requirement for information to be supplied, the individual must be made aware of this legal requirement. If personal data are collected from a private agency, this agency must be made aware of the legal requirement for the collection of the data, or otherwise that the provision of the information is voluntary.

Sec. 76 - Transmission to Aliens Authorities

(1)  Public agencies must, on request, communicate facts which have become known to them (section 75, para. 1) to the authorities responsible for implementing this Act.

(2)  Public agencies must immediately inform the competent Aliens Authority if they become aware of

1.         the presence of an alien who possesses neither the required residence permit, nor a temporary consent

2.         any breach of a territorial restriction, or

3.         any other ground for deportation.

In the cases referred to in subparagraphs 1 and 2, and in the event of acts which are punishable under this Act, the competent police authority may be informed instead of the Aliens Authority, where one of the measures designated in section 63, para. 6 is concerned; the police authority must inform the Aliens Authority without delay.

(3)  The Federal Government official responsible for the integration of foreign workers and their families is only obliged to give information about an alien in this category of persons to the extent that the performance of his own duties will not be impeded. Land Governments may determine, through a statutory instrument, that the Land official responsible for aliens and the municipal officials responsible for aliens are only obliged to give information, pursuant to subparagraphs 1 and 2, about an alien who is lawfully resident in the Land or the municipality, or has lawfully resided there until the adoption of an administrative decision which terminates the lawful residence, where required to do so by subparagraph 1.

(4)  The agencies responsible for introducing and levying fines and penalties must, without delay, inform the competent Aliens Authority of the institution of proceedings to levy such fines and penalties, and of the completion of procedural requirements for that purpose at the public prosecutor's office, with the court or with the administrative authority responsible for the prosecution and punishment of administrative offences, indicating the statutory basis for such action. This shall also apply to proceedings in respect of an offence for which the maximum fine is one thousand German marks.

(5)  The Federal Minister of the Interior shall determine, through a statutory instrument issued with the consent of the Bundesrat, that the

1.         registration authorities

2.         nationality authorities

3.         passport and identity card authorities

4.         social and youth agencies

5.         justice, police and public order authorities,

6.         employment agencies,

7.         finance and customs agencies and

8.         business authorities

must supply personal data concerning aliens, official acts and other measures in respect of aliens and other information concerning aliens to the Aliens Authorities without being requested to do so, to the extent that such information is necessary for the performance of the obligations of the Aliens Authorities under this Act and under provisions of the law on aliens in other statutes. The statutory instrument will prescribe the nature and quantity of the data, and which measures adopted and which other information which is to be transmitted.

Sec. 77 - Transmission in the event of specific statutory rules on the use of data

(1)  Personal data and other information under section 76 may not be transmitted where specific statutory rules exist to the contrary.

(2)  Personal data which have been made accessible to a public agency by a doctor or by other persons named in section 203, para. 1 no. 1, 2, 4 to 6 and para. 3 of the Criminal Code, may be transmitted by that agency,

1.         if the alien poses a danger to public health and special measures to prevent the risk are not possible, or are not observed by the alien, or

2.         to the extent that the data are needed in order to determine whether the conditions laid down in section 46, no. 4 are fulfilled.

(3)  Personal data which are covered by tax secrecy under section 30 of the Tax Regulations may be communicated if the alien has committed a breach of tax law, including customs and monopoly law, or of the law on foreign trade, or has breached prohibitions or restrictions concerning imports, exports, transit or transfer trade, and criminal proceedings have been instituted against him for such an offence, or if a fine has been imposed of at least one thousand German marks. In the cases referred to above, the authorities responsible for police checks on cross-border traffic may also be informed if an exit ban is to be imposed in accordance with section 62, para. 2, first sentence.

(4)        Paragraphs 1 to 3 will apply, mutatis mutandis, to communication by the authorities responsible for the implementation of this Act, and by private agencies.

Sec. 78 - Investigation procedures

(1)  The Federal Criminal Office will render official assistance in assessing documents obtained in accordance with section 41, paras. 2 and 3.

(2)  Documents obtained in accordance with section 41, paras. 2 and 3, will be preserved by the Federal Criminal Office separately from other documents subject to investigation.

(3)  Use of the documents obtained under section 41, paras. 2 and 3 is also permissible for the purpose of establishing identity or appraising evidence in the context of a criminal prosecution and police protective procedures. They may be surrendered to the authorities competent in these matters as and when necessary.

(4)  The documents obtained under section 41, paragraphs 2 and 3, must be destroyed by all authorities holding them, if

1.         the alien has been issued with a valid passport or passport substitute, and a residence permit has been issued by the Aliens Authority, or

2.         ten years have elapsed since the last departure of the alien and his last attempted entry without permission.

This will not apply insofar as the documents are needed in the context of criminal proceedings, or for the prevention of a risk to public security and public order. A record must be made when documents are destroyed.

Sec. 79 - Transmission via Aliens Authorities

(1)  Where evidence exists, in an individual case, of

1.         aliens being employed or holding a paid occupation without the necessary work permits,

2.         breaches of the obligation to co-operate with an office of the Federal Labour Office in accordance with section 60, para. 1, no. 2 of volume I of the Code of Social Legislation,

3.         the offences designated in section 233b, para. 2 (1), nos. 1 to 4 of the Employment Promotion Act,

the authorities responsible for implementing this Act must inform the authorities responsible for prosecuting and punishing these offences in accordance with subparagraphs 1 to 3.

(3)        In the prosecution and punishment of offences against this Act, the authorities responsible for implementing this Act shall collaborate, in particular, with the Federal Labour Office and with the authorities named in section 233b, para. 1, nos. 1, 2 and 4 to 6 of the Employment Promotion Act.

Sec. 80 - Storage and deletion of personal data

(1)  The Federal Minister of the Interior may determine by way of a statutory instrument, with the consent of the Bundesrat, that

1.         every Aliens Authority must keep a data-bank concerning aliens who are resident or were formerly resident in its district, have made an application to it or have notified their entry and stay, and in respect of whom they have adopted any measure or made any decision pursuant to the law on aliens.

2.         foreign missions must keep data records of visas issued, and

3.         the authorities responsible for implementing this Act must keep any other data-bank required for the performance of their obligations.

The only data which may be registered pursuant to paragraph 1, nos. 1 and 2 are personal details, including the alien's nationality and address, details of his passport, details of measures taken under the law on aliens and his inclusion in the central register of aliens, and of earlier addresses of the alien, the competent Aliens Authority Agency and the surrender of files to another Aliens Authority.

(2)  Documents concerning deportation and expulsion must be destroyed ten years after the expiry of the time limit set in section 8, para. 2 (2). They must be destroyed earlier if they contain information which, under other statutory requirements, may no longer be used against the alien.

(3)  Communications under section 76, para. 1, which are not relevant for a future decision under the law on aliens, and cannot be relevant to a later decision under that law, must be destroyed forthwith.

Sec. 81 - Costs

(1)  Costs (fees and disbursements) are charged for official acts done under this Act and under the statutory instruments enacted in implementation of this Act.

(2)  The Federal Government shall determine by way of statutory instrument, with the consent of the Bundesrat, in which circumstances fees are payable and the amount of such fees, as well as exemptions and reductions, especially in case of need. Except where otherwise provided by this Act, the Act on Administrative Costs will apply.

(3)  The fees fixed in the statutory instrument may not exceed the following maximum amounts:

1.         for the issue of a residence permit with a time limit: 150 German marks.

2.         for the issue of a residence voucher and a residence authorization: 100 German marks.

3.         for the issue of a residence licence without limit of time, and of a residence entitlement: 250 German marks.

4.         for the extension, with a further time limit, of a residence permit, a residence voucher and a residence authorization: half the fees charged for their initial issue,

5.         for the issue of a visa and of a temporary consent, and the delivery of a passport substitute and a replacement identity document: 50 German marks.

6.         for other official acts: 50 German marks.

7.         for official acts on behalf of minors: half the fee normally charged.

(4)  In order to compensate for differences in purchasing power, fee supplements may be fixed for official acts done abroad. A supplement not exceeding 25 German marks may be charged for the issue of a visa and a passport substitute at the frontier. A supplement not exceeding 50 German marks may be charged for an official act carried out outside working hours at the request of the applicant. Fee supplements may also be charged for official acts in respect of a national whose home State charges Germans higher fees for the same official acts than the amounts specified in paragraph 2. In fixing fee supplements, the maximum amounts set in paragraph 3 may not be exceeded.

(5)  The statutory instrument issued pursuant to paragraph 2 may provide for a processing fee where official acts are requested which are subject to a charge. The processing fee may not exceed half the fee charged for the official act. This fee will be included in the fee for the official act.It will not be refunded even where the application is withdrawn and the performance of the official act is refused.

(6)  The statutory instrument pursuant to paragraph 2 may provide for charges to be levied if an appeal is lodged; such charges may not exceed

1.         for an appeal against the rejection of an application for an official act subject to a fee: half the fee charged for the act in question,

2.         for an appeal against any other official act: 100 German marks.

If the appeal is upheld, the fee will be included in the fee for the official act and will be refunded.

Sec. 82 - Liability for costs; security deposit

(1)  The alien is liable for costs arising from expulsion, deportation or refusal of entry.

(2)  Any person who has given an undertaking to the Aliens Authority or the foreign mission to bear the outward travel costs of the alien, is jointly liable with him for the costs specified in paragraph 1.

(3)  In the cases covered by section 73, paras. 1 and 2, the transport agent is jointly liable with the alien for the costs of the alien's return transport and for costs incurred from the alien's arrival at the frontier crossing point until police checks on cross-border traffic are completed. A transport agent who wilfully contravenes an order under section 74, para. 1 (2), or para. 2, subparagraph 1 (1), is jointly liable with the alien for any other costs arising, in the cases covered by section 73, para. 1, from deportation, and in the cases covered by section 73, para. 2, from expulsion.

(4)  Any person who employs the alien is liable to bear the costs of expulsion or deportation, if the alien was not permitted to exercise a paid occupation under the provisions of this Act or of the Employment Promotion Act. Liability will likewise be borne by any person who commits a criminal act under section 92, para. 2. The alien will be liable for these costs only insofar as they cannot be recovered from the other liable party.

(5)  A security deposit may be required from the liable party. An order for the payment of a security deposit may be enforced by the authority which made it without a prior order for execution and without fixing a time limit, if the recovery of costs would otherwise be endangered. In order to guarantee the payment of outward travel, return flight tickets and other travel documents in the possession of an alien who is to be deported or expelled or refused entry, or who is allowed to enter and stay only for the purpose of requesting asylum, may be seized.

Sec. 83 - Extent of liability for costs; limitation by lapse of time

(1)  The costs of expulsion, refusal of entry and deportation comprise

1.         the transport and other travel costs for the alien within Federal territory and to his destination outside Federal territory,

2.         administrative costs incurred in the preparation and implementation of the order, including the costs of detention prior to expulsion and the costs of transfer, as well as the cost of accommodation, food and subsistence for the alien, and

3.         all costs incurred as a result of providing an official escort for the alien, including staff costs.

(2)  The costs for which the transport agent is liable under section 82, para. 3, first sentence, comprise

1.         the costs referred to in paragraph 1 (1),

2.         the administrative costs and disbursements incurred for the accommodation, food and subsistence of the alien until police checks of cross border traffic are complete, and

3.         the costs referred to in paragraph 1, no. 3, insofar as the transport agent does not provide the required escort for the alien.

(3)  The limitation by lapse of time of claims under sections 81 and 82 is interrupted for as long as the liable party is not resident in Federal territory, or his whereabouts in Federal territory cannot be ascertained because he has failed to comply with a statutory duty to register or report.

Sec. 84 - Liability for maintenance

(1)  Any person who has given an undertaking to the Aliens Authority or to a foreign mission, to bear the cost of maintaining an alien, must reimburse all public expenditure incurred for the alien's subsistence, including housing, medical care and attendance allowances, insofar as such expenditure is based on a statutory entitlement of the alien. Expenditure based on contributions does not require reimbursement.

(2)  The obligation in paragraph 1, first sentence, must be laid down in writing. It is enforceable in accordance with the provisions of the Act on Enforcement of Administrative Rules. The claim for reimbursement lies with the official agency which incurred the public expenditure.

(3)  The foreign mission will inform the Aliens Authority without delay of any obligation under paragraph 1, first sentence.

(4)  The Aliens Authority will, on request, inform the public agency with a claim to reimbursement of the obligation under paragraph 1, first sentence, or without being requested to do so if it becomes aware of the expenditure of public resources to be reimbursed under paragraph 1, and will furnish it with all the information required for it to make and carry out the claim for reimbursement. The recipient may only use the data for the purpose of refunding the public resources disbursed on the alien's behalf, and for the purpose of refusing further expenditure.

Chapter 7 - SIMPLIFIED NATURALIZATION PROCEDURE

Sec. 85 - Simplified naturalization procedure for young aliens

An alien who applies for naturalization after completing his 16th year and before completing his 23rd year will normally be naturalized if he

1.         renounces or loses his previous nationality

2.         has lawfully had his ordinary residence in Federal territory for the past eight years

3.         has attended school for six years in Federal territory, including at least four years' attendance at a school for general education, and

4.         has not been convicted of any crime.

Sec .86 - Simplified naturalization for long resident aliens

(1)  An alien who has lawfully had his ordinary residence in Federal territory for the past 15 years and who applies for naturalization by 31 December 1995, will normally be naturalized if he

1.         renounces or loses his previous nationality,

2.         has not been convicted of any crime, and

3.         can maintain himself and those of his family members who are entitled to maintenance without claiming social benefits or unemployment benefit.

The provision in subparagraph 3 will be waived if the alien, for a reason beyond his control, cannot maintain himself except by claiming social benefits or unemployment benefit.

(2)  The spouse and minor children of the alien may also be naturalized in accordance with paragraph 1, even if they have not yet been lawfully resident in Federal territory for 15 years.

Sec. 87 - Naturalization in cases of multiple nationality

(1)  The provision in section 85, para. 1, and in section 86, para. 1 (1) will be waived if the alien cannot renounce his previous nationality, or can only do so under especially onerous terms. This is assumed to be the case if

1.         the law of the home State makes no provision for the renunciation of a former nationality,

2.         the home State systematically refuses to allow renunciation of its nationality, and the alien has given the naturalization authority an application for such renunciation, to be officially retransmitted to his home State,

3.         the home State arbitrarily refuses to allow the former nationality to be renounced, or has not reached a decision within a reasonable time on an application to that effect which has been made in full and proper form,

4.         in the case of members of particular categories, especially political refugees, the requirement to renounce the previous nationality would cause undue hardship.

(2)  The provisions of section 85 (1) and section 86, para. 1 (1) may be waived if the home State makes the renunciation of the previous nationality conditional upon the performance of military service, and if the alien has received the greater part of his school education in German schools and has adapted to the German lifestyle while living in Federal territory and has reached the age of compulsory military service.

Sec. 88 - Decisions on liability for prosecution

(1)  For the purposes of section 85, no. 4, and section 86, para. 1 (2), no account will be taken of

1.         the imposition of compulsory educational measures or correctional measures under the Juvenile Courts Act,

2.         convictions involving the payment of fines up to 180 days' equivalent, and

3.         suspended sentences of up to six months' imprisonment which have lapsed after the suspension period.

If the alien has been sentenced to a higher penalty, a decision will be made in each individual case whether the criminal act may be disregarded or not.

(2)  Where a sentence of youth custody of up to one year is imposed, and has been suspended, the alien will be given a guarantee of naturalization in the event that the sentence will be waived after the suspension period.

(3)  If a prosecution on suspicion of a criminal offence is instigated against an alien who has applied for naturalization, the decision on naturalization will be deferred until the conclusion of the proceedings, and in the event of a conviction until the sentence of the court becomes final. This will also apply if the imposition of a youth penalty is suspended under section 27 of the Juvenile Courts Act.

Sec. 89 - Interruptions of lawful residence

(1)  Ordinary residence in Federal territory will not be interrupted by periods of up to six months spent outside Federal territory. If the alien has stayed for more than six months outside Federal territory for a reason which is inherently non-temporary, this period will be included in the period of residence required for naturalization, as long as it does not exceed one year.

(2)  If the alien has stayed outside Federal territory for longer than six months for a reason which is inherently non-temporary, the earlier period of residence in Federal territory may be included in the period of residence required for naturalization, as long as it does not exceed five years.

(3)  Interruptions of lawful residence will be disregarded if they are attributable to the fact that the alien did not apply at the proper time for the first compulsory residence permit or for its extension, or was not in possession of a valid passport.

Sec. 90 -Naturalization fees

The fee for naturalization pursuant to sections 85 to 89 is 100 German marks.

Sec. 91- Validity of general provisions

The rules of the law on nationality will apply to the naturalization procedure, including the determination of local jurisdiction. Section 68 will not apply.

Chapter 8 - PENAL PROVISIONS AND FINES

Sec. 92 - Penal provisions

(1)  A penalty of up to one year's imprisonment, or a fine, will be imposed on any person who

1.         contrary to section 3, para. 1, first sentence, stays in Federal territory without a residence permit and does not possess a temporary consent under section 55, para. 1.

2.         contrary to section 4, para. 1 in conjunction with section 39, para. 1, stays in Federal territory without a passport and without a substitute identity document,

3.         infringes an enforceable condition under section 14, para. 2, second sentence, or section 56, para. 3, third sentence, in each case in conjunction with section 44, para. 6, or an enforceable order under section 62, para. 2,

4.         infringes, on more than one occasion, an enforceable order under section 37,

5.         contrary to section 41, para. 4, refuses to undergo an investigative procedure,

6.         contrary to section 58, para. 1, travels into Federal territory,

7.         supplies or uses incorrect or incomplete information in order to obtain a residence permit or a temporary consent for himself or another person, or knowingly uses for legal purposes a document obtained by this means, or

8.         while in Federal territory belongs to an organization or group consisting primarily of aliens and whose existence, aims or activities are kept secret from the authorities in case it is proscribed.

(2)  A penalty of up to three years' imprisonment, or a fine, will be imposed on any person who incites an alien to commit any of the acts defined in paragraph 1, nos. 1 or 6, or assists him in doing so, and

1.         receives or is promised a pecuniary advantage for doing so or

2.         carries out such acts on more than one occasions or on behalf of more than five aliens.

(3)  In the cases referred to in paragraph 2, the attempt will be punishable.

(4)  Objects associated with a punishable act under paragraph 1 (7) may be forfeited.

(5)Article 31, para. 1 of the Agreement on the Legal Status of Refugees is unaffected.

Sec. 93 - Fines

(1)  A contravention is committed by any person who acts out of negligence in the cases specified in section 92, para. 1, nos. 1 to 3.

(2)  A contravention is committed by any person who 1. contrary to section 40, para. 1, fails to produce, hand over or surrender a document referred to therein, or 2. contrary to section 59, para. 1, evades police checks on cross border traffic.

(3)  A contravention is committed by any person who deliberately or negligently

1.         infringes an enforceable condition under section 3, para. 5, section 14, para. 2, first sentence, para. 3, or section 56, para. 3, second sentence, in each case in conjunction with section 44, para. 6.

2.         infringes an enforceable order undera) section 37 or b) section 74, para. 1, second sentence, or para. 2, first sentence, no. 1.

3.         infringes a statutory instrument under section 38 or section 40, para. 2, where reference is made to this provision for fines in respect of a particular act.

4.         contrary to section 59, para. 1, enters or leaves the country outside a permitted frontier crossing-point or outside the hours fixed for such traffic, or does not carry a valid passport or passport substitute, or

5.         contrary to section 68, para. 4, fails to make an application as specified thereunder.

(4)  In the cases referred to in paragraph 2 (2) and paragraph 3 (4), an attempted contravention may also be punishable.

(5)  Contraventions may incur fines as follows: in the cases covered by paragraphs 1 and 2 no. 1, and paragraph 3 no. 2 a, no. 4, with a fine of up to 5000 German marks; in the cases covered by paragraph 2 no. 2, with a fine of up to 10,000 German marks; in the cases covered by paragraph 3, nos. 1, 3 and 5 with a fine of up to 1000 German marks; and in the cases covered by paragraph 3 no. 2 b, with a fine of up to 20,000 German marks.

(6)  Article 31, para. 1, of the Agreement on the Legal Status of Refugees, is not affected.

Chapter 9 - TRANSITIONAL AND FINAL PROVISIONS

Sec. 94 - Continued validity of residence rights

(1)  A residence entitlement issued before this Act came into force will continue to be valid as

1.         an EEC residence licence without limit of time, if the alien enjoys freedom of movement under the EEC law on residence,

2.         a residence entitlement under this Act, if issued to an alien in another category.

(2)  A residence licence without limit of time issued before this Act came into force will continue to be valid as

1.         an EEC residence licence without limit of time, if the conditions laid down in paragraph 1 (1) are met,

2.         a residence licence without limit of time under this Act, if issued to an alien in another category.

(3)        A residence licence with a time limit issued before this Act came into force will continue to be valid as

1.         an EEC residence licence, if the conditions laid down in paragraph 1 (1) are met,

2.         a residence voucher, if it has been issued to an alien for a purpose which of its nature requires a stay which is other than temporary, or to a member of the family of such an alien,

3.         a residence authorization, if it was issued to the alien on humanitarian or political grounds, or because there was an obstacle to deportation, or was issued to a member of the family of such an alien, or of an alien who has permission to reside pursuant to the Asylum Procedure Act, or holds a temporary consent to remain,

4.         as a residence licence with a time limit under this Act, if issued to a an alien in another category.

(4)  A residence licence issued in the form of a visa will continue to be valid as a visa under this Act.

Sec. 95 - Continued validity of other provisions under the law on aliens

(1)  Other measures under the law on aliens which were adopted before this Act came into force, especially temporal and territorial restrictions, terms and conditions, prohibitions and restrictions on political activity, and deportations, warnings of expulsion and expulsions together with their legal consequences and the timing of their effects, and also temporary consents to remain and other measures in favour of aliens, will remain in force.

(2)  Conditions attached to a residence entitlement will be rescinded on application. The rescission will be free of charge.

Sec. 96 - Maintenance of the legal status of young aliens

(1)  Aliens who have not completed their 16th year when this Act comes into force and who are lawfully resident in Federal territory, shall on request receive a residence permit in accordance with the provisions of this Act. A residence permit may be issued notwithstanding section 7, para. 2 and section 8, para. 1, and even where this Act contains no specific provision to this effect.

(2)  An application for the issue of the residence permit must be made within one year of the entry into force of this Act. Until the expiry of the period for applying, and after the application has been made until the Aliens Authority has made its decision, the exemption from the requirement to hold a residence licence which existed before this Act came into force will continue, unless the alien is the subject of an administrative decision requiring him to leave the country.

(3)  Where the length of time for which a residence permit has been held is a determining factor in acquiring or exercising a right, or in obtaining a benefit, in the case of aliens who have entered the country before completing their 16th year the period of lawful residence before the entry into force of this Act and the period of lawful residence in accordance with paragraph 2, second sentence, are to be calculated as periods in which a residence permit has been held. The same applies in respect of aliens who, following the entry into force of this Act, have been exempted from the requirement to hold a residence permit on account of their age, pursuant to a statutory instrument or other legal provision.

Sec. 97 - Interruptions of lawful residence

Periods in which lawful residence is interrupted will be disregarded if the interruption does not exceed one year.

Sec. 98 - Transitional rule for holders of residence licences

(1)  Section 7, para. 2, nos 1 and 2 will apply to aliens who hold a work permit and a residence licence with a time limit when this Act comes into force, provided the residence licence can be extended for a further period notwithstanding a claim for supplementary social assistance, as long as the alien is entitled to draw unemployment benefit or unemployment assistance.

(2)  The spouse of an alien who was issued with a residence licence before this Act came into force and whose licence remains valid under this Act, will be issued with a residence licence in accordance with section 17 and 18, para. 5, notwithstanding the provisions of section 18, para. 1, no. 3.

(3)  Paragraphs 1 and 2 will apply mutatis mutandis, if the alien has applied for an extension of the residence licence before this Act came into force and the licence is extended after the entry into force of this Act.

Sec. 99 - Transitional rule for holders of residence authorizations

(1)  In the cases covered by section 94, para. 3, no. 3, a residence authorization may be extended notwithstanding the provision of section 34, para. 2. Where section 35 applies, the period for which a residence licence has been held before the entry into force of this Act is to be included in the compulsory period for holding a residence authorization.

(2)  Where an order is made by the superior Land authority for the purposes of section 32, paragraph 1, the agreement of the Federal Minister of the Interior may be dispensed with.

Sec. 100 - Transitional rule for former asylum seekers

(1)  An alien

1.         whose asylum procedure has been finally concluded without the grant of a right of asylum,

2.         who has not been expelled owing to a Land administrative provision or an individual decision based on legal or humanitarian grounds, on account of the situation in his country of origin, or

3.         whose stay cannot be terminated because his departure or expulsion is prevented for a reason beyond his control,

may be issued with a residence authorization if, at the time this Act came into force, he has been resident in Federal territory for at least eight years on the basis of permission to reside pursuant to the Asylum Procedure Act, or on the basis of a temporary consent; periods of residence before the request for asylum was made are disregarded. Section 30, para. 5, second sentence, does not apply.

(2)  The spouse and unmarried children of an alien who is issued with a residence authorization in accordance with paragraph 1 will be given a residence authorization if they are resident in Federal territory when this Act comes into force, either on the basis of permission to reside pursuant to the Asylum Procedure Act, or on the basis of a temporary consent.

(3)  Paragraphs 1 and 2 shall not apply to aliens who are to be deported or who have been found guilty of an intentional criminal act and have been sentenced to more than six months imprisonment or ordered to pay a fine of more than 180 days equivalent.

(4)  Where the superior Land authority makes an order for the purposes of section 32, paragraphs 1 and 2, the agreement of the Federal Minister of the Interior may be dispensed with.

Sec. 101 - Exemption for persons on military service

(1)  An alien who has lawfully been ordinarily resident in Federal territory and who is staying in his home State, rather than in Federal territory, when this Act comes into force, in order to carry out compulsory military service, will normally be issued with a residence licence for the purpose of returning to Federal territory, notwithstanding section 16 and by waiver of section 10, if

1.         there is a job available for him, or

2.         he wishes to return to his spouse, an unmarried minor child, his parents or parent, having their lawful ordinary residence in Federal territory.

(2)  A residence licence will only be issued in these circumstances if the alien makes an application within three months of being discharged from military service and if his residence permit expires, or has expired, solely by lapse of time or owing to the length of residence outside Federal territory.

Sec. 102 - Transitional rule on ordinances and fees

(1)  In the ordinance on the implementation of the Aliens Act in the version published on 29 June 1976 (BGBl. I p. 1717), as amended by the ordinance of 3 May 1989 (BGBl. I p. 881), the words "residence permit" shall replace the words "residence licence".

(2)  The ordinance on fees annexed to the Aliens Act of 20 December 1977 (BGBl. I p. 2840) is rescinded, except for section 2, para. 2, and sections 3 and 4.Until the adoption of an ordinance on fees pursuant to section 81, para. 2, half the prescribed fees will be charged for the official acts designated in section 81, para. 3, nos. 1 to 5, and one quarter of the prescribed fees for official acts in respect of minors.

Sec. 103 - Restrictions of fundamental rights

(1)  The fundamental rights of inviolability of the person (article 2, para. 2, first sentence of the Basic Law) and of personal freedom (article 2, para. 2, second sentence of the Basic Law) will be restricted in accordance with this Act.

(2)  Procedure in the event of deprivation of liberty will be conducted in accordance with the Act on Court Procedure concerning Deprivation of Liberty , in the revised version published in the Federal Gazette, Part II, classification no. 316-1, as amended by section 185 of the Act of 16 March 1976 (BGBl. I p. 581).

Sec. 104 - General administrative provisions

With the consent of the Bundesrat, the Federal Minister of the Interior shall enact general administrative provisions in respect of this Act and of the statutory instruments adopted pursuant to this Act.

Sec. 105 - City-State clause

The Senates of the Länder of Berlin, Bremen and Hamburg are authorized to adapt the provisions of this Act concerning official jurisdiction to the particular administrative arrangements of their Länder.

Sec. 106 - Berlin clause

In accordance with section 13, para. 1 of the Third Transference Act, this Act shall also apply to the Land of Berlin. Statutory instruments adopted pursuant to this Act shall apply to the Land of Berlin in accordance with section 14 of the Third Transference Act.