Fundamentals of the Integration Act
The Integration Act is a significant legal regulation in the area of residence and immigration law, intended to promote and regulate the integration of people with a migration background, especially refugees and asylum seekers, into society. The Integration Act regulates essential framework conditions and measures to specifically support the social, economic, and legal participation of immigrants. In Germany, the Integration Act of July 31, 2016 (Federal Law Gazette I p. 1939) is authoritative, which introduced numerous amendments and supplements to existing regulations.
Statutory Objectives and Systematics
The Integration Act aims to motivate and oblige people who live permanently or for an extended period in Germany to participate in integration measures. In addition to support services, the Act also establishes clear requirements for the legal status of immigrants and links integration policy incentives and sanctions.
Historical Background
The Integration Act was introduced in 2016 in the context of the increased number of asylum seekers and refugees during the so-called refugee crisis. Its aim was to make integration measures more binding and to allow better management of immigration and integration. The starting point was the integration course pursuant to § 43 of the Residence Act, with participation expanded and made more mandatory by the Act.
Legal Scope of Application of the Integration Act
Key Provisions
The Integration Act comprises a multitude of provisions, inserted primarily as amendments into existing laws – in particular, the Residence Act (AufenthG) and the Asylum Act (AsylG). Core areas include:
- Integration Courses: Mandatory participation in integration courses for certain groups of foreign nationals (§§ 43 ff. AufenthG).
- Obligation to take up residence: Obligation of recognized refugees and beneficiaries of subsidiary protection to take up residence in a particular municipality or federal state (§ 12a AufenthG).
- Employment Promotion and Labor Market Integration: Facilitated access to the labor market, promotion of internships and vocational training, e.g., by simplified granting of a training toleration (§ 60a para. 2 sentence 4 ff. AufenthG).
- Sanctions: Reduction or withdrawal of social benefits in case of violations of integration obligations.
- Secure Residence Status: Possibility of granting a secure and long-term residence permit after successful integration (§ 25b AufenthG).
Integration Obligation and Legal Consequences
The Integration Act establishes an obligation to integrate. Immigrants are required to use reasonable integration offers, in particular to participate in integration courses or employment promotion measures. Refusal or discontinuation of participation may result in consequences under residence or benefit law, such as reductions in benefits or denial of a residence permit.
Detailed Analysis of Core Areas of the Integration Act
Integration Course: Content and Participation Requirement
Target Groups and Legal Basis for Obligations
The integration course (§ 43 AufenthG) is aimed in particular at newly arrived foreign nationals with a long-term perspective of staying as well as certain groups of people who have already been in Germany for a longer period. The obligation to participate depends in individual cases on origin, status, and individual support needs (§ 44a AufenthG).
Legal Consequences of the Obligation
Those who are obliged to participate in an integration course must start and complete it within a specified period. Unjustified non-participation may result in, among other things, disadvantages under residence law and reductions in social benefits.
Course Content
The integration course consists of a language course (600 hours) and an orientation course (100 hours) covering topics such as the legal system, history, and culture.
Residence Rule and Allocation (§ 12a AufenthG)
The allocation of residence serves the balanced distribution and social integration of persons entitled to protection. This allocation can be lifted upon request if it can be demonstrated that sustainable integration, in particular through employment or education, has been achieved.
Access to the Labor Market and Toleration for Training
To facilitate entry into the labor market, the Integration Act contains practical regulations on internships and the so-called “3+2 rule”: Persons with toleration status in ongoing vocational training can have their residence secured for the duration of the training and for two subsequent years.
Measures Affecting Social Benefits
Failure to participate in integration measures may result in legal restrictions on social benefits, in particular under the Asylum Seekers Benefits Act (AsylbLG) and Social Code II (SGB II).
Effects and Evaluation
Legal and Policy Significance
The Integration Act is a key element of German migration and integration policy. It is based on the principle of “supporting and requiring” and attempts to make integration binding. The legal anchoring of mandatory measures has a significant impact on the residence and life prospects of immigrants.
Legal Consequences for Violations
Violations of obligations arising from the Integration Act can lead to significant disadvantages under residence or benefit law. In particular, access to residence permits may become more difficult or benefit levels may be reduced.
Interactions with Other Areas of Law
The Integration Act is closely linked to residence, asylum, social, and labor law. Amendments to the Integration Act regularly affect these areas and necessitate reciprocal changes in legislation.
Literature and Web Links
- Act on the Residence, Employment and Integration of Foreigners in the Federal Territory (Residence Act – AufenthG)
- Integration Act of July 31, 2016 (Federal Law Gazette I p. 1939)
- Explanations by the Federal Ministry of the Interior on the Integration Act
- Asylum Act (AsylG)
- Asylum Seekers Benefits Act (AsylbLG)
- Social Code Book Two (SGB II)
The Integration Act is a central, multifaceted instrument for managing and promoting integration in Germany. It establishes binding legal framework conditions and at the same time enables individual and societal participation perspectives for people with a migration background.
Frequently Asked Questions
Who is affected by the Integration Act?
The Integration Act primarily affects persons who, as third-country nationals – meaning those not from EU/EEC countries or Switzerland – wish to legally and permanently live in Germany. In addition, the Act is directed at recognized refugees, beneficiaries of subsidiary protection, and asylum seekers with a good prospect of remaining. It regulates duties and rights regarding integration, particularly the participation in integration and language courses, residence allocation, and employment promotion. Employers, providers of integration measures, and authorities are also indirectly affected by the requirements of the Integration Act to the extent that they are assigned implementation tasks. The Integration Act thus creates a binding framework for the integration of foreigners entitled to reside, while different rules apply to asylum seekers depending on their status.
What legal obligations arise from the Integration Act?
The Integration Act establishes legal obligations, especially for third-country nationals. Foremost among these is the obligation to participate in integration courses pursuant to § 44 AufenthG if there is a corresponding need. Those who are obliged to participate must attend the course regularly and fulfill their participation duties. There may also be an obligation to participate in further job-related language courses (pursuant to § 45a AufenthG). Furthermore, a residency requirement may be imposed pursuant to § 12a AufenthG, requiring the person concerned to take up residence in a particular area. Violations of these obligations may result in regulatory consequences such as fines or disadvantages under residence law, for example regarding the granting of a permanent settlement permit.
To what extent does the Integration Act affect access to the labor market?
The Integration Act has established important regulations relating to the labor market. It introduces opportunities for early integration into the labor market, for example by relaxing employment bans for certain groups and reducing priority checks for employment. For asylum seekers and tolerated persons with good prospects of staying, gainful employment may be permitted after only a few months. Work permits are issued pursuant to the requirements of the Residence Act (§ 4a and § 18 AufenthG) taking into account integration policy considerations. In addition, the Integration Act supports special programs for vocational qualification and internships to enable faster labor market entry. Employers benefit from easier access to such workers but must continue to observe requirements under residence and labor law.
What does the Integration Act regulate concerning residency requirements?
A key component of the Integration Act is the introduction of the residence requirement (§ 12a AufenthG). Recognized beneficiaries of protection and certain other residence permit holders may, by legal administrative act, be prohibited from living in a particular place or required to take up residence in a specific federal state or municipality. The purpose of the residence rule is to ensure even distribution and avoid social hotspots, as well as to enhance integration locally. Exceptions apply if employment can be demonstrated or if integration has significantly progressed. Violations of the requirement may have consequences under residence law, such as the denial of certain residence permits.
What consequences result from non-compliance with the measures stipulated by the Integration Act?
The Integration Act provides for both regulatory and residency-related consequences in the event of a breach of duties to cooperate or participate. For example, unexcused non-participation in integration courses can lead to fines pursuant to § 98 para. 1 no. 10a AufenthG. Furthermore, according to § 9 para. 2 no. 8 AufenthG, non-participation may make it more difficult to obtain or renew a residence or settlement permit. When receiving subsistence benefits (e.g., under SGB II), benefit reductions may also be imposed under SGB II if integration-promoting measures are not taken up without good reason. The duty to cooperate also includes independent registration and regular attendance at integration measures.
What rights do individuals obtain through the Integration Act?
In addition to obligations, the Integration Act grants concrete legal entitlements for residence permit holders and certain asylum seekers, such as a right to a place in an integration course (§ 44 para. 1 sentence 1 no. 1 AufenthG) or to job-related language support. The Act also establishes a duty for authorities to provide advice and grants affected persons legal remedies against orders or sanctions in accordance with general administrative procedural rules. Fulfilling integration-related requirements may result in facilitations for integration, such as early granting of a settlement permit (§ 9 AufenthG) or privileges when family members immigrate.
