The SPD parliamentary group has called for a reliable right of residence for refugees and migrants who work or do training in Germany. The MPs decided on a corresponding position paper on Tuesday.
In it, they propose extending the right of residence in the Residence Act for those who have been tolerated for a long time to recognized refugees with a temporary humanitarian residence permit. This could affect several hundred thousand people, especially Syrians and Ukrainians.
At the same time, the paper says: “Anyone who doesn’t make an effort, doesn’t follow the rules or even commits crimes must leave Germany again.”
Four groups should be allowed to stay
The right to remain should be based on four criteria. The first group to be given the prospect of staying is those employees who are subject to social insurance contributions and who at least largely secure their livelihood. This should also expressly apply to employees outside of classic specialist positions.
Trainees, students and participants in vocational preparation measures should also be included. Trainees and students should be allowed to stay even if they still receive state benefits for their living expenses.
As a third group, students who have “a realistic perspective on graduation and integration” should be given the right to stay. The fourth criterion stipulates that special life situations in which livelihoods cannot be fully secured are taken into account. The group names, among other things, people who look after small children or care for relatives and are therefore only able to take up work in the future.
Group warns of consequences for the labor market
The background to the initiative is the lack of work and skilled workers as well as the uncertain residency prospects of many Syrians and Ukrainians. The SPD parliamentary group does not consider the existing options for people whose protection status could soon be revoked to be sufficient. Despite successful integration, many employees did not meet the high formal requirements for a residence permit as a skilled worker, the paper says.
More than half of the almost 950,000 Syrian nationals in Germany still have a temporary humanitarian right of residence. The employment rate for Syrians is around 48 percent, that of Ukrainians is just under 40 percent.
“If we were to forcibly send these well-integrated people, many of whom work in system-relevant jobs, back to their home countries, the situation on the labor market would become massively worse,” warns the group.
After the fall of the Assad regime, the Federal Office for Migration and Refugees (Bamf) could soon carry out a large-scale review of whether the protection status of Syrians continues to apply. Federal Interior Minister Alexander Dobrindt (CSU) has also initiated the deportation of the first Syrians or Afghans who have not committed a criminal offense.
“The right to remain applies not only to Ukrainians and Syrians, but to all people who are unable to secure their stay on their own and who make a contribution to the community,” said SPD MP Hakan Demir.
Coalition agreement provides for stricter regulations
The coalition agreement between the CDU, CSU and SPD does provide for a right to remain regulation, but for a much smaller group. Accordingly, a temporary residence permit should be created for law-abiding, tolerated foreigners with a clear identity who are well integrated, have sufficient knowledge of German and have been securing their livelihood primarily through employment subject to social security contributions for a year.
Those who are tolerated are generally required to leave the country, but for certain reasons they cannot be deported for the time being - for example, for family reasons, because they do not have any identification documents or are ill. Toleration is always limited.
The regulation in the coalition agreement should only apply to tolerated persons who have been in Germany continuously for at least four years as of December 31, 2024. It is scheduled to expire at the end of 2027. There is currently no proposal from the Federal Ministry of the Interior.
