Humanitarian admission program for Syrian refugees

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The humanitarian admission program for Syrian refugees in Germany (abbreviated HAP , often short federal admission program) was an admission program for Syrian refugees of the German federal and state governments in 2013 and 2014. There were three rounds of the federal admission program , in which a total of 20,000 refugees from Syria were admitted have been.

In addition, from mid-2015 almost all federal states introduced their own state admission programs ; in some federal states these are still valid (as of January 2016) due to multiple extensions.

Federal admission programs

The first federal admission program for Syrian refugees was decided in March 2013 and affected 5,000 Syrian refugees. The first refugees from this program arrived by plane on September 11, 2013 and landed in Hanover. The second federal admission program was decided at the end of 2013. Some of the refugees were selected through UNHCR , Caritas and the International Organization for Migration ; the program was completed by September 2014. In mid-July 2014, the German Conference of Interior Ministers decided to take in another 10,000 refugees from Syria. People who have "special humanitarian characteristics" or who had close relatives in Germany were accepted. Most of the refugees arrived in Lower Saxony in the Friedland camp . The refugees are distributed to the federal states according to the Königstein key . Admission is initially limited to two years. The first two federal admission programs have been completed. No further federal programs are planned (as of the end of 2015).

State admission programs

In addition to the federal admission program, in July 2015 there were state admission programs in all federal states except Bavaria , primarily for people who had close relatives in Germany; in Bavaria, admission should only be possible in individual cases. Some state admission programs have been extended several times and in some cases still apply (as of January 2016).

The state admission programs, like the state admission programs, are based on a resolution of the Bundestag dated June 28, 2013.

The German Red Cross explains the requirements of the state programs (as of July 2015) as follows:

"As a rule, the prerequisite for admission to the state admission programs is that the relatives wishing to join them are first-degree family members (parents, children) or second-degree family members (grandparents, grandchildren, siblings) or their spouses and underage children, and that they have Syrian citizenship and are in Syria, the neighboring countries or Egypt at the time of the application. In justified individual cases, displaced stateless persons (persons of Kurdish or Palestinian ethnicity) from Syria whose identity has been established and who can be shown to have lived or lived in Syria for at least three years can also be admitted. As a rule, the receiving family member in Germany must have German or Syrian citizenship and an unlimited or temporary residence permit, have been in Germany for at least 1 January 2013, at least 1 January 2014 or for at least a year, and a binding declaration of commitment , depending on the federal state sign that they will pay for the entire livelihood of the family members who will join them. "

Family members who follow suit receive a residence permit for humanitarian reasons in accordance with Section 23 (1) AufenthG due to war in their home country for an initial period of up to two years, as well as a work permit.

In most federal states, a third party (friends, acquaintances, organizations) is allowed to assume the costs. The legal basis for such a declaration of commitment is Section 68 of the Residence Act. The federal states of Brandenburg, Berlin, Bremen, North Rhine-Westphalia, Saxony-Anhalt, Thuringia, Lower Saxony and Hesse (status: July 2015) have, based on a resolution of the Conference of Interior Ministers of June 2014, excluded the costs of health care from the declaration of commitment; in Rhineland-Palatinate this only applies to cases of hardship. Anyone who signed a declaration of commitment before these new regulations and took in relatives under these conditions remains bound by his declaration of commitment in almost all federal states; The exceptions are Lower Saxony and Schleswig-Holstein, which have retroactively exempted the debtors. In an instruction to the regional directorates of March 13, 2015, the Federal Employment Agency endorsed the Federal Minister of the Interior's legal opinion, according to which the declaration of commitment continues to apply even in the event of refugee recognition; this legal opinion has been questioned by some federal states. The declaration of commitment may have serious financial consequences for the undertaking. The federal states of Hamburg and Schleswig-Holstein limited the liability period to five years at the end of 2015.

In the course of the social commitment for Syrian refugees, initiatives were formed that consider or practice a compulsory tax for Syrian refugees out of solidarity and social responsibility even without relatives, such as the Syria refugee sponsorship initiative .

According to a ruling by the Federal Administrative Court in January 2017, declarations of commitment do not expire upon granting asylum or recognition as a refugee ( see: "Declaration of commitment", section "Expiration" ). When the Integration Act came into force on August 6, 2016, the duration of the declaration of commitment was limited nationwide to five years from the date of entry of the beneficiary; Statements made before the law came into force were limited to three years.

In October 2015, the Advisory Council of German Foundations for Integration and Migration criticized the fact that refugees from the state programs were legally worse off than those entitled to asylum and refugees from the federal programs. This applies in particular to access to integration courses and social and health benefits as well as the length of stay.

See also

Web links

Individual evidence

  1. ↑ see for an overview of refugee protection in Germany: The humanitarian admission program for Syrian refugees, page of Uno-refugeeshilfe.de, accessed December 11, 2015 ( Memento of the original from December 22, 2015 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.uno-fluechtlingshilfe.de
  2. ^ Lee Hielscher, Mathias Fiedler: The humanitarian exception program. (No longer available online.) Hinterland Magazin, archived from the original on December 8, 2015 ; accessed on August 14, 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.hinterland-magazin.de
  3. ↑ see overview of the German embassy in Beirut on the federal admission program, status: July 24, 2014, accessed December 11, 2015, PDF ( Memento of the original from December 22, 2015 in the Internet Archive ) 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.beirut.diplo.de
  4. ↑ see page of the DRK tracing service, under web links
  5. ↑ a b c d e Admission of Syrian refugees in Germany. DRK Tracing Service, July 2015, accessed on March 5, 2016 .
  6. ↑ a b c d Information on the admission programs for Syrian refugees. Pro Asyl, January 21, 2016, accessed March 5, 2016 .
  7. ^ Decree of the Ministry of the Interior and Local Affairs of North Rhine-Westphalia, September 26, 2013 - 15-39.12.03-1-13-100 - (and subsequent decrees). Ministry of the Interior and Municipalities of North Rhine-Westphalia, accessed on March 6, 2016 .
  8. ↑ Another federal state contradicts the federal government's legal opinion on the validity of declarations of commitment. Baden-Württemberg Refugee Council, June 8, 2015, accessed on March 5, 2016 .
  9. ↑ See for example: Stefanie Järkel: Help to ruin. In: Issue 187. Context weekly newspaper, October 29, 2014, accessed on March 5, 2016 .
  10. ↑ Guaranteed for Syrians: refugee sponsors feel deceived by the country. (No longer available online.) Hessenschau.de, September 23, 2016, archived from the original on October 19, 2016 ; Retrieved October 18, 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 / hessenschau.de
  11. ^ Adrian Arab: Refugee helpers suddenly find themselves in financial need. Welt N24, October 11, 2016, accessed October 18, 2016 .
  12. ^ Humanitarian admission programs for Syrians as a model for Europe. Expert Council of German Foundations for Integration and Migration, October 20, 2015, accessed on March 5, 2016 .