The prospect of staying

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Stay perspective is a term used in the German refugee debate for the prospect of an asylum seeker or refugee of permanent legal residence . This expression and comparable expressions are often used in the political debate about refugee policy in Germany in the wake of the refugee crisis from 2015 .

Stay perspective is a colloquial, summarizing term that is used in official regulations and political discussions, but does not appear in laws as a legal term .

Legal and permanent residence

A good perspective to stay (also: permanent perspective of residence , positive forecast to stay or favorable forecast of residence ) is a summary formulation that a refugee can expect a legal and permanent residence in Germany . In contrast to this, in the opposite case, there is no good prospect of staying or a low probability of staying .

The Interior Ministry put with stand fixed in October 2015 that a "good perspective to stay" exists if "comes an asylum seeker from a country of origin, which has a protection rate of over 50 percent." This initially applied to asylum seekers from Eritrea , Iraq , Iran , Somalia and Syria . Since August 2019, the good prospect of staying has only been valid for asylum seekers from Syria and Eritrea.

According to the new right of residence , there is no good prospect of remaining, especially for asylum seekers who come from a safe country of origin ( Section 29a Asylum Act ).

Specifically, the term is used on the one hand to limit the target group for certain services:

  • With a cabinet decision of July 29, 2015, a further improvement was made possible for the integration of asylum seekers and tolerated persons into the labor market: According to this, internships for career orientation for tolerated persons and asylum seekers with “good prospects to stay” were not approved; the employment ordinance was also changed accordingly.
  • According to the draft of the governing parties in the German Bundestag for the Asylum Procedure Acceleration Act , which came into force on October 24, 2015, asylum seekers with “good prospects to stay” have access to integration courses and labor market policy funding instruments . Furthermore, in this draft law, Section 44, Paragraph 2, Clause 2, Numbers 1 to 3 of the Residence Act is set up in such a way that the group of those who have “good prospects of staying” (especially with regard to participation in the integration courses) is defined. With the Asylum Procedure Acceleration Act , the legislature primarily pursued the goal of integrating people who have good prospects of staying in society and the world of work as quickly as possible.
  • Accordingly, the Federal Employment Agency (BA) has been providing entry-level courses for asylum seekers with good prospects to stay since December 2015.
  • The Federal Office for Migration and Refugees (BAMF) provides integration courses for asylum seekers with “good prospects to stay”; What was meant here (2015) were people from Syria, Eritrea, Iran, Iraq and refugees who were tolerated .
  • In the draft of a law introducing accelerated asylum procedures , Section B. Special section refers to the fact that the legislature exempts certain groups of goods from essential basic needs "as long as the prospect of beneficiaries to remain is unsecured and therefore only a short stay can be assumed". In doing so, the specific needs of those affected are recorded “group-specifically” if necessary.
  • The fact that refugees in initial reception centers will in future primarily receive benefits in kind instead of a sum of money to cover personal needs is justified by the Federal Government by avoiding “false incentives” for “people with no prospect of staying”.

A publication by the Federal Ministry of Labor and Social Affairs (BMAS) in December 2016 provides an overview of the federal government's language promotion and integration measures, which are available in particular to people who have applied for asylum and who have good prospects to stay, as well as recognized asylum seekers and tolerated persons .

The term is also used to designate a target group for accelerating examination procedures, also with regard to expulsion and deportation . In July 2015, the Bavarian cabinet agreed on reception facilities and rapid procedures for asylum seekers with a low probability of staying; This refers to people from safe countries of origin as well as from Albania, Kosovo and Montenegro - which at that time were not yet among the safe countries of origin - as well as possibly other, especially African countries.

In the European legal regulations for examining asylum applications, as laid down in Directive 2013/32 / EU (Asylum Procedures Directive) , accelerated examination procedures are provided for in Article 31, Paragraph 8, and no vague expressions related to a prognosis are used, but rather concrete ones Criteria specified for the circumstances under which accelerated procedures can be used.

Alternative word usage

Also in connection with the refugee crisis, there is talk of a “perspective to stay in one's own country” when it comes to combating the causes of flight . During their trips abroad at the end of 2015 , the politicians Joschka Fischer and Gerd Müller emphasized the importance of solidarity in times of crisis and support with vocational training and humanitarian aid for children. Federal President Joachim Gauck also used the word when he spoke out in favor of the dual vocational training model in a speech in Lagos in February 2016 and expressed the hope that this would improve the “prospects for staying” for young people in their own country.

Domestically, people speak of the “prospect to stay in rural areas” when it comes to shaping rural areas by promoting regional jobs and economic cycles in order to avoid migration to the cities (“ rural exodus ”).

Web links

Wiktionary: Stay perspective  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ So formulations in the following decisions of the Federal Constitutional Court: 1 2 .
  2. ↑ This formulation is accordingly incorporated in several places in the Residence Act; for example Section 45a of the Residence Act
  3. ↑ a b Answer of the Federal Ministry of the Interior of October 12, 2015 to the written question number 10/26 by Brigitte Pothmer. See web links.
  4. ↑ a b Ene, mene, muh and you're out! More asylum seekers excluded from integration opportunities. Retrieved September 1, 2019 (German).
  5. ↑ Iraqis, Iranians and Somalis excluded from language courses. August 3, 2019, accessed September 1, 2019 .
  6. ↑ BAMF - Federal Office for Migration and Refugees - faq: integration courses for asylum seekers - What does a good perspective to stay mean? Retrieved September 1, 2019 .
  7. ↑ Asylum Procedure Acceleration Act, Article three
  8. ↑ Enable asylum seekers and tolerated persons quicker access to the labor market. In: Press release 275th Federal Government, July 29, 2015, accessed on February 22, 2016 .
  9. ↑ Giving young refugees orientation and prospects. In: press release. Federal Ministry of Labor and Social Affairs, August 3, 2015, accessed on February 22, 2016 .
  10. ↑ 7.8.15: Internships for asylum seekers and tolerated persons. Nordmetall, August 7, 2015, accessed February 22, 2016 .
  11. ^ Draft of an asylum procedure acceleration act, Bundestag printed matter 18/6185 of September 29, 2015
  12. ↑ Draft of an Asylum Procedure Acceleration Act , Bundestag printed matter 18/6185 of September 29, 2015, p. 2.
  13. ↑ a b BA and BAMF: two differing views on “with good prospects to stay” (421 SGB III). Bremen Institute for Labor Market Research and Professional Assistance for Young People (BIAJ), accessed on February 22, 2016 .
  14. ^ Draft law by the parliamentary groups of the CDU / CSU and SPD: Draft law to introduce accelerated asylum procedures. (PDF) In: Drucksache 18/7538. German Bundestag, February 16, 2016, accessed on February 22, 2016 . Section B. Special Part , Subsection Re Article 3 (Amendment of the Asylum Seekers Benefits Act) .
  15. ↑ Legislative package entered into force: effective procedures, early integration. Federal Government, October 26, 2015, accessed on February 28, 2016 .
  16. ↑ Presentation of the Federal Government's measures for language promotion and the integration of refugees. (PDF) Federal Ministry of Labor and Social Affairs (BMAS), December 2016, accessed on January 6, 2018 .
  17. ↑ Press release No. 222: Report from the cabinet meeting. (PDF) www.bayern.de, July 20, 2015, accessed on February 22, 2016 .
  18. ↑ BMZ: “The future of Eritrea lies in one's own country” - Minister Müller ends his trip to Eritrea. Gerd Müller, Federal Minister for Economic Cooperation and Development, 2016, accessed on February 23, 2016 .
  19. ↑ Joschka Fischer: “Fences don't solve problems”. ORF.at, November 11, 2015, accessed on February 23, 2016 .
  20. ↑ Joachim Gauck: “That would of course also mean that people who grow up here would have better prospects of staying. And not so many people open up and look for life prospects in other parts of the world, including ours. What one can understand when one has seen the poverty in these countries here. ”Quotation from: Thielko Grieß: Gauck would like to see a“ perspective to stay ”for young Nigerians. Deutschlandradio Kultur, February 9, 2016, accessed on February 23, 2016 .
  21. ↑ Rural areas: Strengthening farming families - creating a home. (No longer available online.) Bavarian Farmers' Association, May 3, 2013, archived from the original on February 23, 2016 ; accessed on February 23, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.bayerischerbauernverband.de
  22. ↑ Brigitte Scherb: LandFrauen - active for the design of rural areas. (PDF) In: The rural area: Diversity is its strength. Anniversary edition of rural areas, 60 years of Agricultural Social Society eV, H 20781, 58th volume, No. 05/06 2007. Agricultural Social Society, 2007, accessed on February 23, 2016 . Pp. 90-91.