Menu
Search
EMN Conference on Unaccompanied Minors ,
Adulthood – and then? ,
The panel participants from left to right: Marion Lich (Office for Return Assistance of the City of Munich), Kjell-Terje Torvik (Swedish Migration Agency (Migrationsverket)), Kirsten Eichler (Association for the Support of Asylum Seekers, GGUA e. V.), and chair Paula Hoffmeyer-Zlotnik (German EMN Contact Point).
Source: BAMF
Perspectives in Germany and in the Country of Origin
Perspectives to Remain through Vocational Training and Integration? Challenges and Chances in the Case of Insecure Residence Status
Kirsten Eichler of the Association for Support of Asylum Seekers (GGUA) e.V., opened the third panel and gave a legal overview of prospects to remain once adulthood is reached. The question of residency prospects is especially pivotal for those previously considered unaccompanied minors whose application for asylum is rejected or who never even submitted an application for asylum and have now reached adulthood, since this means there is no longer an obstacle precluding removal that is in place for unaccompanied minors.
Kirsten Eichler, Association for the Support of Asylum Seekers (GGUA) e.V.
Source: BAMF
Various options for securing residency
According to Eichler, there are five options for securing residency next to the asylum procedure:
- residence permit for well-integrated juveniles and young adults (Section 25a of the Residence Act),
- residence permit with sustained integration (Section 25b of the Residence Act),
- residence permit in cases of hardship (Section 23a of the Residence Act),
- suspension of removal (pursuant to Section 60 Subs. 2 of the Residence Act) or residence permit due to obstacles to departure (Section 25 Subs. 5 of the Residence Act), or
suspension of removal for vocational training (pursuant to Section 60a Subs. 2 fourth and following sentences of the Residence Act) and a subsequent residence permit (Section 18a Subs. 1a of the Residence Act).
Eichler then explained the requirements for granting each of the options and provided a more detailed explanation of the opportunities and challenges offered by the rather new regulation creating the suspension of removal for vocational training. One positive aspect that should be highlighted, according to Eichler, is that the suspension of removal for vocational training offers the opportunity to obtain permanent residence and does not require any prior stay period. The regulation would, however, contain numerous vague legal terms that would have in part led to differing legal interpretations between the Federal Ministry of the Interior, Building and Community (BMI) and the Länder as well as differing case-by-case decisions of the administrative and higher administrative courts, according to Eichler.
Experiences from Return Counselling with Unaccompanied Minors and Young Adults
Marion Lich, Head of the Office for Return Assistance of the City of Munich.
Source: BAMF
Marion Lich, Head of the Office for Return Assistance of the City of Munich, then described her experiences with unaccompanied minors and young adults during return counselling. The public and political discussion would concentrate mostly on the two options of integration or removal, but voluntary return would also be an option.
While the Office for Return Assistance only deals with about two to five unaccompanied minors per year, 10-15 per cent of all counselling cases involve former unaccompanied minors that have now entered adulthood. Relatives often urge them to return to their country of origin. The office then works to make this possible and offer support through various services. It would thus have been made possible in some cases for young returnees to start their own business, take up or continue studies, go to school, or complete vocational training. The office would even help with continued treatment of illnesses in the country of origin when necessary. Also, it can be arranged for further qualifications to be obtained before leaving Germany or for language courses for children who do not or no longer speak the language of the country of origin. It would also be important that there are organisations in the country of origin that support the reintegration and that can remain in contact with the return counselling centres in Germany.
“Successful voluntary return requires independent counselling and sufficient time.”
Marion Lich
What is often underestimated during the return process is the culture shock experienced once the person returns. The years of living in Germany have an especially strong influence on the young returnees and the living conditions in the country of origin are sometimes very different. Another problem arises among young people who return to their supposed country of origin, but have grown up in another country themselves. This would affect young Afghans in particular, since many of them were born and grew up in Iran, but are not allowed to return there. Afghanistan is therefore a foreign country to them, which exceeds a thorough preparation. According to Lich, these and other pitfalls necessitate independent return counselling centres that can provide advice without a fixed end result, take time for preparation, and develop individual as well as professional support packages. Lich therefore argued against the idea currently being discussed in Germany of transferring the responsibility of return counselling for voluntary return to the foreigners authorities. The foreigners authorities are generally not able to advise without predetermined conclusion.
The Swedish Perspective on Return and Reintegration of Unaccompanied Minors and Young Adults
Kjell-Terje Torvik, Quality Department, Swedish Migration Agency (Migrationsverket).
Source: BAMF
Kjell-Terje Torvik from the Quality Department of the Swedish Migration Agency (Migrationsverket) agreed with Marion Lich in his presentation and reported on his experience as a European Return Liason Officer in Afghanistan. In Afghanistan, he coordinated the measures taken by organisations and agencies accompanying persons being returned. Preparation of the persons being returned and collaboration of all actors involved would be central factors for a successful return and reintegration. Those, who have only had a few days of time to make arrangements for return often experience more difficulties upon arrival than those persons who have been able to prepare for return or have been prepared for return through programs and counselling centres. Many of the voluntary returnees who received support would become self-employed and start small businesses.
“In order for return to be successful, there already needs to be a plan B set up in Sweden.”
Kjell-Terje Torvik
Experiences with return to Afghanistan
Moreover, the Afghan government would have also explicitly requested that returnees be prepared and that they be given tools to ease reintegration. It has been problematic, however, that support services would vary widely within the EU - with some returnees receiving in-kind support and others receiving several thousands of euros of support in cash. This would cause for confusion upon arrival and would be incomprehensible for returnees. Torvik advocated for support services ideally to be harmonised on the EU-level.