Integration course ordinance

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Basic data
Title: Ordinance on the implementation of integration courses for foreigners and repatriates
Short title: Integration course ordinance
Abbreviation: IntV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Legal matter: Administrative law , immigration law
Issued on: December 13, 2004
( BGBl. 2004 I p. 3370 )
Entry into force on: January 1, 2005
Last change by: Art. 171 Regulation of June 19, 2020
( Federal Law Gazette I p. 1328, 1348 )
Effective date of the
last change:
June 27, 2020
(Art. 361 of June 19, 2020)
Please note the note on the applicable legal version.

The integration course regulation of the federal government regulates the basic offer for integration into the economic, cultural and social life in the Federal Republic of Germany in order to support the integration efforts of foreigners.

The aim of an integration course is to successfully convey the language, the legal system, the culture and the history of Germany to foreigners. Foreigners should become so familiar with the living conditions in the federal territory that they can act independently in all matters of daily life without the help or mediation of third parties ( Section 43 subs. 2 AufenthG ).

The legal basis for the integration course ordinance is Section 43 subsection 4 of the Residence Act . The details of the course content or the adaptation to current needs will be worked out on the dialogue forum 7 “Language - Integration Courses” of the National Action Plan for Integration under the auspices of the Federal Ministry of the Interior (BMI).

According to § 1 IntV, the Federal Office for Migration and Refugees (BAMF) has to guarantee the implementation of the integration courses .

Emergence

The integration course regulation is based on a draft regulation of the Federal Ministry of the Interior. Before the draft was drawn up, the Federal Ministry of the Interior carried out expert participation as part of a seminar. In June 2004, the content of the integration course and the examinations as well as the admission procedure were discussed in topic-related workshops with the participation of the federal ministries, science, the federal states, municipal umbrella organizations and those responsible for integration measures. The regulation implements the consensus reached in the debate on language promotion such as greater transparency and uniformity of the course structure, including the possibility of a final examination.

Structure and regulations

The IntV is divided into five sections and regulates in particular the framework conditions for participation (§§ 4 ff. IntV), structure, duration and content of the courses (§§ 10 ff. IntV) as well as the requirements for the course providers (§§ 18 ff . IntV).

Framework

Eligible to participate are foreigners who reside legally and permanently in federal territory ( Section 44 , Section 44a AufenthG) as well as ethnic German repatriates (Sections 4, 7, 9 BVFG ) and Union citizens ( Section 11 (1) Freedom of Movement Act , Section 2 IntV) with their family members, unless there is a recognizable low need for integration. This is usually the case with scientifically qualified foreigners with sufficient language skills, especially if they work in an occupation corresponding to their qualifications and with people who can earn their living in any other way without government assistance. From a special need for integration is expected contrast in adults without sufficient German language skills for living in Germany minor child of personal custody are. The immigration authorities can oblige those who are particularly in need of integration to properly attend an integration course (Section 44a, subsection 1 of the Residence Act). If necessary, this obligation can be enforced by means of administrative compulsion (Section 44a subs. 3 AufenthG).

On request, the BAMF allows participation and takes into account the individual urgency and the prospects of success of the integration (need for integration, § 5 IntV). Participation can be requested for the first time or for repeating a maximum of 300 teaching hours of the language course once after an unsuccessful language test. After admission, those eligible to participate register directly with a course provider to participate. For coordination and control purposes, an extensive exchange of data on registrations, the start of the course, the course implementation as well as the identity and proper participation of the foreigners obliged to participate takes place between the bodies involved ( immigration authorities , providers of basic security for job seekers , Federal Administration Office , course providers and BAMF) ( § 8 IntV).

Whether and to what extent the participants have to pay a contribution to costs is assessed in accordance with Section 9 IntV in conjunction with the transitional regulation for registrations before January 1, 2016 in Section 20 IntV.

Structure, duration and content of the courses

Course provider

In order to ensure a comprehensive and demand-oriented offer of integration courses throughout Germany, the implementation of integration courses requires special approval by the BAMF, which checks the reliability , performance and quality of the provider. For this purpose, detailed information must be provided in the application for approval (Section 19 IntV). The admission is revocable with the certificate "Authorized institution for the implementation of integration courses according to the Immigration Act" and limited to a maximum of five years. After the deadline, a repeat application is required, which can be decided on in a simplified procedure (Section 20 IntV).

Special authorization is required to take exams in the “ German Test for Immigrants ” and the “Leben in Deutschland” test and to carry out the placement test. Depending on local needs, this can also be granted to applicants who are not approved as integration course providers. Admission is also confirmed for a maximum of five years by the certificate “Authorized carrier for the implementation of integration course tests”.

Web links

Individual evidence

  1. cf. For example, the Federal Government's second ordinance amending the Federal Office for Migration and Refugees ' integration course ordinance , 2012 draft vote
  2. The Federal Government's report on the implementation and financing of integration courses in accordance with Section 43 (5) of the Residence Act, BT-Drucksache 16/6043 of June 29, 2007, p. 10 ff
  3. VG Munich, judgment of March 7, 2013 - Az.M 12 K 12.5497
  4. Klaus Dienelt : Administrative regulation (excerpt) to § 30 AufenthG - Spousal reunification to foreigners Pkt. 30.1.4.2.3.1, online commentary
  5. Participation and costs website of the BAMF , as of July 17, 2013