Federal Expellees Act (BVFG)
The Federal Expellees Act (BVFG) regulates in Germany the legal status of expellees and refugees of German ethnicity who lost their homeland as a result of the Second World War or who, in special cases, immigrated after December 31, 1992. It covers key provisions concerning the acquisition and determination of status as expellee, late repatriate, and the legal position after arrival in the Federal Territory. The Federal Expellees Act forms a central component of the German legal framework for the integration and equal treatment of those affected.
Historical Development and Legislative Purpose
The Federal Expellees Act was promulgated on May 19, 1953 and entered into force on June 1, 1953. The origin of this Act is closely related to the consequences of the Second World War; millions of Germans had to leave their homes in Eastern Europe and sought protection and new life prospects in the Federal Territory.
Legislative purpose:
The objective of the BVFG is to ensure the integration of expellees and refugees, to grant them civil rights, and to legally regulate claims arising from their status. Over the years, the Act has been amended several times, especially concerning late repatriates and their descendants from countries of Eastern and Southeastern Europe.
Scope of Application and Territorial Scope
Personal Scope of Application
The BVFG applies to persons who lived as individuals of German ethnicity in the areas listed in § 1 BVFG and who were expelled or fled from these areas due to political persecution, flight, or expulsion since January 1, 1937.
Key Groups of Persons:
- Expellees pursuant to § 1 BVFG, including Germans from Eastern Europe and the former German eastern territories.
- Refugees according to § 2 BVFG, who fled their homeland due to the consequences of war or political persecution.
- Late Repatriates pursuant to § 4 BVFG, in particular individuals of German ethnicity who immigrated after 1992.
Territorial Scope
The BVFG primarily covers persons from the former German eastern territories (such as Silesia, Pomerania, East and West Prussia), the countries of Eastern Europe (such as Poland, Romania, Russia, Kazakhstan, Hungary, Czech Republic), and certain regions of Southeastern Europe.
Legal Definitions
Expellee
According to § 1 BVFG, an expellee is anyone of German ethnicity who had their residence in the areas listed in § 1 para. 2 and came to Germany as a result of flight or expulsion.
Refugee
The term refugee within the meaning of the BVFG concerns groups who had their residence or habitual abode outside these areas and who had to flee to Germany under similar circumstances.
Late Repatriates
Definition (§ 4 BVFG):
A person is considered a late repatriate if, after December 31, 1992, they entered from the areas named in § 1, can prove their German ethnicity, and meet certain admission requirements.
Requirements and Procedure for Recognition as an Expellee
Proof of Ethnicity
A key requirement is proof of German ethnicity. This may be established by descent, professing to belong to the German ethnic group, and use of the German language (§ 6 and § 7 BVFG).
Admission Procedure for Late Repatriates
The admission procedure is carried out upon application. Responsible are the Federal Office of Administration and, after entry, the recognition and admission authorities of the federal states. An essential requirement is inclusion in the list of late repatriates, especially for persons from the successor states of the Soviet Union.
Legal Effects of Recognition
Acquisition of German Citizenship
With recognition as an expellee or as a late repatriate, the acquisition of German citizenship usually occurs by law in accordance with § 4 para. 3 BVFG.
Equal Treatment and Integration Assistance
Under the BVFG, recognized expellees are legally equated with other German citizens. They receive access to comprehensive integration assistance, for instance in the fields of education, labor market access, housing, and pension law (§ 8 ff. BVFG).
Protection Against Dual Citizenship
The BVFG provides protection against involuntary dual citizenship. § 7 BVFG also regulates the possibilities of renouncing or retaining previous citizenship.
Social Law and Economic Provisions
The Federal Expellees Act contains differentiated provisions on economic integration assistance, compensation payments, and social equalization (§§ 9-12 BVFG). These include special benefits such as compensation for property losses, support for the provision of housing, and professional integration assistance.
Significance and Recent Developments
Relevance for Late Repatriates
The BVFG is one of the key statutes for late repatriates from the former Soviet Union, Romania, and other Eastern European countries. Ongoing amendments to the law reflect changes in European migration trends and integration requirements.
European Law References
The BVFG should be seen within the context of the European legal framework regarding freedom of movement, equal treatment, and the protection of minorities as well as the granting of residence and integration rights.
Reforms and Future Challenges
Since the 1990s, the BVFG has repeatedly been revised in order to adapt to changing migration policy and societal conditions. In particular, the handling of descendants of late repatriates and issues of pension transfers remain the focus of political and legal discussion.
Legal Resources and Further Literature
- Text of the Act: Federal Expellees Act (BVFG)
- Regulations and Administrative Guidelines
- Academic Literature and Commentaries
Conclusion
The Federal Expellees Act is the central legal instrument for determining and granting rights to recognized expellees, refugees, and late repatriates of German ethnicity. It comprehensively regulates their status, rights, and integration assistance in the Federal Republic. With more than 70 years of legal application, the BVFG is an influential and dynamic part of German migration and status law.
Frequently Asked Questions
Which persons are entitled to benefits under the Federal Expellees Act?
In principle, persons who are legally recognized as expellees or refugees within the meaning of the BVFG are entitled to benefits under the Federal Expellees Act. This includes especially persons of German ethnicity who, as a result of the Second World War, came from their residential areas in the former German eastern territories, from expulsion areas, or from abroad to Germany. Eligibility requires that the individual either met certain criteria before January 1, 1993, or, in the case of § 4 BVFG, by a later cut-off date, such as permanent residence in the relevant expulsion areas or possession of German citizenship or ethnicity. Spouses and descendants are also included in the scope of entitlement, provided the family community existed at the time of immigration or was established together. Proof of entitlement is provided by a formal determination within an administrative procedure that is strictly reviewed by the competent authorities. Moreover, eligibility requires that the main residence is established permanently in the Federal Republic of Germany.
What are the legal consequences of recognition as an expellee or late repatriate under the Federal Expellees Act?
Legal recognition as an expellee or late repatriate under the BVFG leads to a number of legal consequences. These include, in particular, the acquisition of German citizenship for the recognized group of persons, provided this did not already exist. Furthermore, the recognition gives rise to claims for integration assistance as well as further social benefits in accordance with the provisions of the BVFG and the supplementary provisions of the Social Code. These include support for job search, housing construction, school and vocational integration, as well as specific pension benefits. In addition, recognized expellees enjoy simplified conditions for acquiring housing or land and receive preferential consideration with respect to access to education and vocational training. Finally, compensation claims for disadvantages suffered can also be filed, as long as the statutory requirements are met.
What evidence and proof are required in the recognition procedure under the Federal Expellees Act?
In the recognition procedure under the BVFG, applicants must submit numerous documents and evidence to prove their status as expellee or late repatriate. These include birth and marriage certificates, proof of ancestry and German ethnicity, residence documents from the area of origin, as well as official papers documenting the pressure of persecution or reasons for departure. In addition, if necessary, witness statements, affidavits from family members or acquaintances, and official translations of foreign language documents may be required. The authorities examine not only the authenticity but also the plausibility and interrelation of the documents. For late repatriates in particular, proof of sufficient knowledge of the German language is often required. If there are doubts about any details or proofs, the authorities may conduct their own investigations or request additional information.
How does the Federal Expellees Act relate to other relevant legal provisions, in particular regarding citizenship and residence law?
The BVFG is closely linked with other legal provisions, in particular the Nationality Act (StAG) and the Residence Act (AufenthG). Recognition as an expellee or late repatriate under the BVFG takes place independently of previous nationality status; however, in general, recognition automatically results in acquisition of German citizenship. Provisions of residence law applicable to other immigrant groups are not normally relevant for expellees and late repatriates, as the BVFG establishes its own legal basis for entry and permanent residence. There are also special regulations regarding naturalization and the restoration of citizenship if this was lost in the country of origin. Dual citizenships are accepted and regulated under certain conditions.
What role do language skills and integration requirements play within the framework of the Federal Expellees Act?
With the aim of rapid and smooth integration, the BVFG imposes special requirements regarding German language proficiency. Late repatriates and their dependents must demonstrate sufficient German language skills either before leaving their country of origin or at the latest in the recognition procedure. The requirements are based on the Common European Framework of Reference for Languages and are generally set at level A1 (basic knowledge) or higher. Evidence is provided through certificates, language examinations, or appropriate official attestations. For spouses and minor children, exceptions from the mandatory proof may apply under certain circumstances. In addition to language skills, participation in integration courses is often made compulsory to ease social and professional integration.
What grounds for exclusion may lead to the denial of recognition under the Federal Expellees Act?
The BVFG specifies various grounds for exclusion that can result in the denial of recognition as an expellee or late repatriate. These include participation in National Socialist or Communist crimes, expulsion or deportation from Germany due to criminal offenses, possession of a nationality other than German without connection to Germany, and a demonstrated lack of ties to German ethnicity. False statements, submission of forged documents, or acts of deception also lead to exclusion and may entail criminal consequences. Denial for political or security reasons is particularly possible if there is a threat to public order or security. Every denial must be justified in writing and may be contested in administrative legal proceedings.
