Immigration law & asylum law

Aliens law is part of special administrative law and includes all legal regulations that affect the residence of people who do not have German citizenship.

The starting point in immigration law is the term foreigner, which is legally defined in Section 2 I of the Residence Act: “Foreigners are anyone who is not German within the meaning of Article 116 Paragraph 1 of the Basic Law.” According to Art. 116 I GG in immigration law, anyone who has German citizenship is a German. In immigration law, the term “German” also includes so-called status Germans who do not have German citizenship. In immigration law, the term “German” also includes so-called status Germans who do not have German citizenship.

Hauptregelungsinhalte im Ausländerrecht sind:

  • Entry and stay
  • branch
  • employment
  • Integration
  • Social security
  • Expulsion and deportation
  • Asylum law

Abschluss

The right to asylum is a fundamental right in Germany, Article 16a I GG. In immigration law, the administrative procedure for the recognition of asylum seekers is mainly based on the Asylum Procedure Act. The requirements for the granting and recognition of asylum arise in immigration law primarily from Art. 16a GG and from Section 60 I Residence Act regarding refugee recognition.

There are a number of European Union regulations governing immigration law, such as Schengen law, the Free Movement Directive (Directive 2004/38/EC) and the Dublin II Regulation.

In Germany, immigration law has found legal expression primarily in the Residence Act (AufenthG) and for EU foreigners in the Freedom of Movement Act/EU (FreizügG/EU), which were newly introduced by the Immigration Act that came into force on January 1, 2005 and replaced the old one Aliens Act and the former Residence Act/EEC have occurred.

On the following pages we will try to provide you with as much information as possible about immigration law.

We also recommend the following pages on the subject of immigration law: