Definition and Explanation of the Term: Aussiedler
The term Aussiedler is a legally defined term in German law and refers to persons of German descent who, after the Second World War and especially since the 1950s, relocated from countries in Eastern Europe and the former Soviet Union to the Federal Republic of Germany. The status of Aussiedler is defined by extensive legal regulations, particularly in the Federal Expellees Act (BVFG). Key subsequent legal terms include late repatriates (Spätaussiedler) and their family members.
Legal Foundations
Federal Expellees Act (BVFG)
Das Federal Expellees Act is the central law that regulates the legal status of German expellees and Aussiedler. It entered into force in 1953 and has been amended several times since. The BVFG distinguishes between various groups of German resettlers and forms the legal basis for numerous claims and legal consequences.
Aussiedler according to § 4 BVFG
According to § 4 BVFG, an Aussiedler is someone of German ethnic origin who, after the end of the Second World War, resettled in a receiving state, especially Germany, from the countries of Eastern Europe or the former Soviet Union. The recognition criteria are precisely regulated by law.
Development of the Term Aussiedler
With the relaxation of state borders and the collapse of the Soviet Union, the term late repatriates (Spätaussiedler) was coined. In a legal context, former returnees to Germany are often also referred to as Aussiedler. The distinction between “Aussiedler” and “Spätaussiedler” is based on cut-off dates and changes in legislation.
Requirements for Recognition as an Aussiedler
German descent
At the core of the legal definition is German ethnic affiliation. According to § 6 BVFG, a person is of German ethnic affiliation if, in their homeland, they professed to be part of the German ethnic group and credibly demonstrated this through specific features such as language, upbringing, or tradition.
Time Frame and Regions of Origin
The legislator stipulates that only persons from certain countries and areas, primarily from Eastern Europe and the successor states of the Soviet Union, can be recognized as Aussiedler. The time of departure is also decisive (§ 4(1) and (2) BVFG). For “Spätaussiedler,” § 4(2) sentence 2 BVFG sets the cut-off date at December 31, 1992.
Declaration of German Ethnic Affiliation
A key element is the personal declaration to the German ethnic group, which generally must be demonstrated through language, German culture, or traditional family life. Officially, this proof is often provided by certificates, testimonials, or affidavits.
Grounds for Exclusion
The status of Aussiedler is excluded if facts are known that contradict German ethnicity or cast doubt on the seriousness of the declaration thereof (§ 5 BVFG). Criminal convictions or activities against principles of the rule of law may also constitute grounds for exclusion.
Legal Consequences of the Status as Aussiedler
Residence Law Status
Aussiedler acquire German citizenship immediately upon admission under the BVFG (§ 7 BVFG in conjunction with Art. 116(1) Basic Law). Therefore, naturalization is not required.
Integration and Equal Treatment
Aussiedler are legally equal to German nationals and enjoy all basic rights, freedom of movement, and social law benefits. They must be fully integrated into the registration and social security systems.
Family Members
Family members are also privileged under certain conditions and may be admitted under § 8 BVFG. These include spouses, minor unmarried children, and other dependents, provided they immigrate together with the Aussiedler.
Historical Development and Current Legal Situation
Numerical Development
Between 1950 and 2010, over 4.5 million Aussiedler and Spätaussiedler entered Germany. The number of new admissions per year has declined sharply since the early 2000s, mainly due to legal restrictions, the changing definition of the term, and integration policies.
Current Practice
Currently, the admission of Aussiedler and Spätaussiedler is characterized by a more restrictive administrative practice. The obligation to provide proof of German ethnic affiliation and declaration has been tightened. Applications are processed centrally by the Federal Office of Administration in Cologne.
Differences between Expellees, Resettlers, Aussiedler, and Spätaussiedler
The difference between these terms lies mainly in the temporal, legal, and regional definitions:
- Expellees: Persons who were expelled from the former German eastern territories as well as other European states as a result of the Second World War.
- Resettlers: Umbrella term for persons of German origin who immigrated to Germany from abroad, regardless of special legal regulations.
- Aussiedler: Post-war umbrella term for Germans from Eastern Europe who moved to the federal territory after the war.
- late repatriates (Spätaussiedler): Persons who, after January 1, 1993, seek to relocate to Germany from the successor states of the Soviet Union and other Eastern European states and enjoy special status under current law.
Protection and Support Measures
The Federal Ministry of the Interior and its subordinate authorities implement specific integration measures for Aussiedler and Spätaussiedler. These include language courses, reintegration assistance, consultation, and special programs for social and professional integration.
Literature, Case Law, and Further Information
Key legal sources include the Federal Expellees Act (BVFG), the administrative guidelines of the Federal Office of Administration, and landmark decisions of the Federal Administrative Court regarding the status and recognition of Aussiedler and Spätaussiedler.
For in-depth information, official commentaries on the law (e.g., on the BVFG), textbooks on migration law, and the information pages of the Federal Office of Administration and the Federal Ministry of the Interior are recommended.
Summary
The term Aussiedler has a multifaceted and strictly regulated legal background under German law. The Federal Expellees Act and associated regulations comprehensively determine who is recognized as an Aussiedler, what claims and rights result, and how integration into German society is organized. The legal situation is subject to regular adjustments and should always be reviewed according to the currently applicable legal provisions in case of current questions.
Frequently Asked Questions
How do Aussiedler obtain a lawful residence status in Germany?
Aussiedler in the legal sense are persons of German ethnic affiliation who immigrated to Germany before 1993, especially from countries of the former Eastern Bloc and Soviet Union. Their lawful residence status is based on the Federal Expellees Act (BVFG). In order to be recognized as Aussiedler, affected persons must submit an application to the Federal Office of Administration and provide proof of fulfilling the requirements—particularly evidence of German ethnic affiliation, persecution or discrimination, and permanent residence in the country of origin. Once positively determined, they obtain the legal status of a German citizen with all attendant rights and obligations. The procedure often, but not necessarily, includes the issuing of an admission certificate and an entry permit.
What rights and duties do Aussiedler have after their recognition?
After successful recognition under the BVFG, Aussiedler automatically acquire German citizenship and thus have unrestricted freedom of movement throughout Germany. They are fully equal to German citizens and have access to social benefits, educational institutions, the labor market, and political participation rights. In addition, they are generally required to register their place of residence and are subject to German tax and insurance obligations. Specific duties include compliance with legal residence provisions and, if applicable, participation in integration courses as required by the Residence Act.
What special provisions apply to family reunification for Aussiedler?
The BVFG enables Aussiedler, under certain conditions, to bring close relatives—particularly spouses and minor children—to Germany through family reunification. Legal requirements are strictly regulated: it is crucial that the person seeking reunification also meets the criteria of a Spätaussiedler or has been registered and recognized with the Federal Office of Administration as a relative. The immigration of adult children and other relatives is only possible under narrow conditions. All individuals must meet requirements regarding proof of descent, language proficiency, and residence in the country of origin.
How does the legal status of Spätaussiedler differ from that of asylum seekers?
Spätaussiedler, unlike asylum seekers, immediately receive German citizenship upon admission in Germany and thus all the rights and obligations of a German citizen. Asylum seekers, on the other hand, go through a separate recognition procedure under the Asylum Act, which, if successful, only grants a right of residence but not citizenship. Spätaussiedler are not subject to the same restrictions on labor market access or choice of residence as asylum seekers and are not dependent on whether a residence permit is issued for a limited period.
What legal consequences result from false statements during Aussiedler recognition?
Anyone who, during the application procedure under the BVFG, intentionally or through gross negligence makes false statements about personal information, origin, or the prerequisites for the status as Spätaussiedler risks criminal consequences, particularly punishability for document forgery or fraud in administrative procedures (§ 263 Criminal Code: Fraud). Furthermore, any recognition already granted may be revoked or withdrawn, and all associated rights, including German citizenship, may be lost. The person concerned may be required to leave the country and may have to repay benefits already received.
What options are available in the event of rejection of an application for recognition as a Spätaussiedler?
If an application for recognition is rejected, it is initially possible to file an objection against the rejection notice with the Federal Office of Administration within the statutory time limits. Should this also be rejected, the next legal remedy available is an action before the competent administrative court. The specific reason for the rejection (e.g., lack of proof of German ethnic affiliation or of residence in the country of origin) is decisive for further action. Additional evidence or witnesses may be presented during the court proceedings.
How does a subsequent change of residence within Germany affect the status of Aussiedler?
As Aussiedler automatically become German citizens upon successful admission, they are not subject to any special restrictions concerning residence or moving within Germany. They enjoy general freedom of movement; however, during the first three years after admission, residence requirements may apply due to integration policies, such as to regulate distribution among federal states and municipalities. This primarily serves balanced integration and the protection of local infrastructures, but the requirement can be lifted upon application in individual cases.
