Concept and Legal Basis of the Admission of Germans to Federal Territory
The admission of Germans to the federal territory is a central concept in German constitutional and migration law. It refers to the process of entry, admission, and, if necessary, integration of German nationals who have previously predominantly resided outside the scope of the Basic Law (in particular in the former eastern German territories, Eastern and Southeastern Europe, or the former Soviet Union) and are now relocating to the Federal Republic of Germany. Admission is carried out in accordance with special statutory provisions, especially in the context of the historical background of expellees and late repatriates, and in compliance with the Basic Law and the Federal Expellees Act (BVFG).
Historical Development
The admission of Germans from abroad into the federal territory has its historical roots in the consequences of the Second World War, shifting borders, and the migration of German minorities, particularly from Eastern Europe. For decades, it has been the policy of the Federal Republic of Germany to give Germans the opportunity—regardless of their previous place of residence—to be admitted to the Federal Republic and to grant them protection.
Constitutional Foundations
Article 116 of the Basic Law
The fundamental constitutional anchor point is Article 116 of the Basic Law (GG). This provides:
“A German within the meaning of this Basic Law is (…) also anyone who has been admitted as a refugee or expellee of German ethnic origin, or as their spouse or descendant, in territories outside the German Reich as of 31 December 1937.”
This provision determines the legal attribution of persons from former German settlement areas to the German nation and regulates their entitlement to admission.
Statutory Clarifications Regarding Admission
While the Basic Law establishes the legal status, the concrete implementing provisions for admission are set out in special laws, particularly in the Federal Expellees Act (BVFG).
Legal Provisions on Admission
Federal Expellees Act (BVFG)
The Federal Expellees Act regulates the legal framework for admission, residence, and integration for expellees, repatriates, and late repatriates. In particular, it differentiates between:
- expellees (cf. § 1 BVFG)
- repatriates und late repatriates (§§ 4, 7, 27 BVFG)
Admission Procedure
The key admission process for late repatriates is regulated in §§ 27 et seq. BVFG. The essential requirement is the determination of German ethnic origin as well as a corresponding formal application for admission to the competent German authorities (Federal Office of Administration).
The central elements of the admission procedure are:
- Proof of German ethnic origin (e.g., based on language skills, descent, identification with the German language and culture)
- Proof of disadvantage or discrimination in the country of origin
- Conducting an admission procedure, including examinations and a permit for entry (“admission notice”)
- Relocation to the federal territory after issuance of the admission notice
Legal Status After Admission
After admission, late repatriates and their spouses and descendants are treated as Germans within the meaning of the Basic Law. They receive all citizenship rights as well as integration-related benefits.
Further Legal Provisions
In addition to the BVFG, there are further relevant legal bases, such as:
- Nationality Act (StAG): Regulates the acquisition and proof of German nationality.
- Residence Act (AufenthG): Insofar as persons admitted (spouses, children) are not German nationals, the Residence Act regulates accompanying residence issues as necessary.
- Social Code II/III/XII: Defines social and integration benefits for admitted Germans.
Procedural Aspects
Course of the Admission Procedure
The process of admitting Germans to the federal territory basically consists of the following steps:
- Application: Those affected apply for admission as late repatriates or Germans within the meaning of § 4 BVFG at the German diplomatic missions abroad or directly at the Federal Office of Administration.
- Examination: The German authorities examine the requirements (ethnic origin, evidence, integration capability).
- Issuance of an admission certificate: If the procedure is successfully completed, those affected receive a certificate of admission or entry approval.
- Entry: Entry to Germany usually takes place visa-free, where appropriate supported by special admission facilities.
- Notification and Registration: Registration with the relevant authority takes place in Germany, along with the issuance of the corresponding documents.
Legal Remedies
In the event of a negative decision, there is the possibility of lodging an objection and seeking judicial review, particularly before administrative courts. Key issues in dispute often concern the interpretation and proof of German ethnic origin as well as the recognition of hardship cases.
Special Regulations and Relevant Issues
Family Reunification and Involvement of Family Members
In particular, within the framework of late repatriate admission, spouses and descendants are included in the admission process, provided the requirements under §§ 7, 27 BVFG are met. These regulations are intended to safeguard family reunification and provide simplified procedures for dependent family members.
Subsequent Admission and Hardship Provisions
Special provisions relate to the subsequent immigration of German family members who may initially have had to remain in the country of origin. Furthermore, there are specialized individual assessments for exceptional hardship cases.
Evidence of Discrimination and Persecution
In the case of late repatriates, it is regularly required to prove that they were exposed to specific disadvantage in their country of origin and affirmed their German ethnic identity.
Loss and Reacquisition of the Right to Admission
The entitlement to admission can expire under certain circumstances, e.g., through permanent renunciation of German ethnic origin or extended absence from the federal territory. The procedure for reacquisition is again guided by the Nationality Act and the BVFG.
Integration-Related Consequences
Legal Status After Admission
Upon successful admission, the affected persons, provided they hold or acquire German nationality, enjoy the full rights and obligations under the Basic Law, including the right to vote and access to social benefits.
Integration Assistance and Support Measures
To support integration, admitted Germans are entitled to specific benefits and support programmes, including integration courses, language support, social counselling, and vocational qualification measures. These are regulated in SGB II and SGB III and are partly funded by the federal government, states, and municipalities.
Case Law on the Admission of Germans to the Federal Territory
The admission of Germans to the federal territory is the subject of numerous court decisions at federal and state level. Key decisions concern, inter alia, the interpretation of the requirements for recognition as a German, the scope of proof of discrimination in the country of origin, and the application of integration-related provisions.
Literature and Further Information
- Federal Expellees Act (BVFG)
- Article 116 of the Basic Law
- Nationality Act (StAG)
- Residence Act (AufenthG)
For in-depth analysis and commentary, standard works on nationality law and expellee legislation as well as publications by the Federal Office of Administration and relevant academic institutes are recommended.
Summary: The admission of Germans to the federal territory is a complex legal process, particularly to be considered in the context of the historical legacy of the Federal Republic of Germany. Its legal foundations are found in the Basic Law and, in particular, in the Federal Expellees Act, which details the precise modalities and procedural steps for admission as well as the legal status of those concerned. The integration-law consequences are comprehensively structured and supplemented by specific support programmes. The topic remains of current societal and legal importance and continues to be the subject of ongoing legal development.
Frequently Asked Questions
What are the legal foundations governing the admission of Germans to the federal territory?
The admission of Germans to the federal territory is primarily governed by the Basic Law (particularly Article 116 GG) and the Act on the Affairs of Expellees and Refugees (BVFG). The key point here is that Germans within the meaning of the Basic Law are entitled to enter and reside permanently within the federal territory. This includes not only persons with German nationality but, under certain circumstances, also so-called status Germans, such as late repatriates under § 4 BVFG. Further relevant provisions are found in the Nationality Act (StAG) and in the Freedom of Movement Act/EU for Germans with additional EU citizenship. The Federal Republic may, however, exceptionally impose entry restrictions under §§ 11 and 12 of the Residence Act if there are serious reasons of public security and order, although such measures are constitutionally very narrowly defined for Germans.
Which authorities are responsible for the admission procedure?
For the admission procedure of German nationals residing abroad who wish to return to the federal territory, the German missions abroad are primarily responsible. In the case of late repatriates or their relatives, the admission procedure is conducted through the Federal Office of Administration (BVA) in Cologne. Following successful admission, it issues an admission certificate, entitling entry. Upon entry, the local registration authorities, and depending on the matter, the immigration authorities or citizens’ offices are responsible for further applications such as issuing identity documents or the naturalisation of family members. Cooperation among the various involved authorities is regulated in the Administrative Procedures Act.
Are Germans subject to specific registration or proof obligations upon entry?
Yes, under the Federal Registration Act (BMG), Germans are generally obliged to register with the relevant registration authority within two weeks of moving into a residence. A prerequisite for registration is typically proof of identity (passport or identity card). So-called late repatriates must present the BVA admission certificate when registering. Furthermore, Germans are required to prove possession of German nationality, particularly if there are doubts or additional benefits are being applied for (e.g., naturalisation of family members, child benefit). For this purpose, the passport, identity card, or a nationality certificate issued by the competent authority are generally accepted.
Are there legal limitations or grounds for refusal relating to the admission of Germans?
The admission of persons with German nationality or German status within the meaning of the Basic Law cannot, in principle, be refused, as the nationality principle and the associated fundamental rights—especially the right of entry and residence pursuant to Art. 11 GG—apply. Only in exceptional cases can measures such as expulsions, entry, or residence bans pursuant to §§ 11 and 12 of the Residence Act be imposed, e.g., in cases of serious threats to public order or security. However, such measures must be interpreted strictly and require detailed justification as well as judicial review. For late repatriates, admission under § 5 BVFG may be refused if, in particular, they have acted against the free democratic basic order or made false statements in the admission procedure.
How is the procedure for (late) repatriates legally regulated?
The procedure for (late) repatriates is detailed in the Federal Expellees Act (BVFG). The requirements include proof of German ethnic origin and the presence of other legally defined characteristics (§ 4 et seq. BVFG, especially language skills and integration). The application for admission must be submitted to the relevant German diplomatic mission or directly to the Federal Office of Administration. Following examination of the requirements, the BVA issues an admission certificate. Upon entry to the federal territory, eligible repatriates and accompanying family members receive an expellee identity card, which, among other things, governs access to integration benefits and, where appropriate, the acquisition of German nationality (§ 7 BVFG).
What special provisions apply for children and spouses of admitted Germans?
Children and spouses of admitted Germans may also be admitted under §§ 7, 8 BVFG, provided they are members of the applicant’s household at the time of application. For spouses, it is required that they are married to the German applicant at the time of admission. Children must, for the most part, be cared for and raised by the parent or be minors. In exceptional cases, subsequent spouse and child reunification is possible if the family community could not, for unavoidable reasons, be established at the same time. The specific legal details are regulated by the BVFG with regard to family law provisions.
What legal remedies are available if an application for admission is rejected?
If an application for admission—e.g., within the procedure for late repatriates or status Germans—is rejected, there are extensive legal remedies. An objection can be filed within one month against decisions of the Federal Office of Administration. If the objection is unsuccessful, there is the possibility of filing a legal action with the competent administrative court. The administrative procedure is governed by the provisions of the Administrative Court Procedure Act (VwGO). In the case of refusal on grounds of public security, expedited applications in urgent court proceedings are also possible. An application for reopening the proceedings or a review application pursuant to § 51 of the Administrative Procedures Act is also possible if new, previously unknown facts can be presented.
