Menu
Search
Resettlement and the NesT programme ,
Resettlement
The resettlement of displaced persons is intended to make it possible to permanently receive refugees from third countries in an organised manner. Those concerned have no prospects of becoming integrated in their first country of refuge, and are unable to return to their home countries. In most cases, it targets people who are in particular need of protection due to their legal situation and their physical condition, their age (children and the elderly), their gender (single women) and their experience in their home country (victims of violence and/or torture). The "resettlement requirement" is determined by the UNHCR (United Nations High Commissioner for Refugees - UNHCR).
The resettlement procedures were determined in 2018 und 2019 by the order of the Federal Ministry of the Interior, Building and Community (BMI) of 11 December 2018 in accordance with section 23 subssection (4) of the Residence Act (Aufenthaltsgesetz) for the reception of specific refugees who have different nationalities, or stateless refugees from the first reception countries Egypt, Ethiopia, Jordan and Lebanon, as well as in some cases from Libya via the UNHCR evacuation mechanism.
Selection criteria
There is no application process for inclusion in the resettlement procedure. After carrying out a selection procedure, the UNHCR proposes displaced persons to the BAMF for reception. In order to be able to benefit from reception, the individual in question must have sought protection outside their home country, and must thus be recognised as a refugee within the UNHCR's Refugee Status Determination, in order to benefit from reception. It is not possible to examine the criteria in accordance with the valid reception order issued by the Federal Ministry of the Interior, Building and Community until the Federal Office receives a corresponding selection proposal.
Reception in Germany is carried out once the BAMF has held a selection interview and applicants have been questioned by the security authorities according to the following criteria:
- preserving the integrity of the family unit,
- family or other ties to Germany which promote integration,
- the ability to become integrated (such as the level of schooling/vocational training received, work experience, knowledge of the language), and
- the degree of vulnerability of specific groups of individuals such as women and children, as well as older people and people who are in poor health.
Chronical and an overview of reception quotas
300 persons in need of protection were received per year in the pilot phase which ran from 2012 to 2014. They were all proposed by the UNHCR.
Refugees with various nationalities were received from Tunisia in 2012 within this framework, as were Iraqis from Turkey. Iraqi, Iranian and Syrian refugees were received via the resettlement programme in 2013, exclusively from the reception country Turkey. Persons seeking protection with a wide variety of nationalities (e.g. Iraq, Somalia, Sri Lanka, China and Afghanistan) were received in 2014, as were stateless persons from Indonesia. The pilot project was brought to a successful close at the end of 2014.
The resettlement quota for 2015 was increased to 500 people in agreement between the Federation and the Länder. This permitted refugees with different nationalities as well as stateless individuals from Egypt, Sudan and Lebanon to be received in 2015.
The quota of 500 was counted in 2016/2017 against the European Commission’s resettlement programme (Agenda on Migration). The total quota for these two years was 1,600 persons seeking protection. There was another resettlement programme in Egypt in 2017. The quota for the 1:1 mechanism as incorporated in the agreement between the EU and Turkey was used for the reception of Syrian refugees.
Germany is planning to contribute a total of 10,200 places to the EU's resettlement programme in 2018/2019. The reception figures for 2018/2019 are broken down as follows: 9,200 places at Federal level and 500 for a humanitarian reception programme that has been announced at Land level. Another 500 places have been provided as part of a pilot project envisioning the implementation of a private sponsoring programme for resettled refugees at Federal level.
The legal basis
The legal basis for the resettlement procedure is formed by section 23 subsection (4) of the Residence Act of the Federal Republic of Germany (Aufenthaltsgesetz der Bundesrepublik Deutschland - AufenthG). The Federal Office is responsible for the implementation of the reception and distribution procedure in accordance with section 75 No. 8 of the Residence Act.
Germany has been carrying out resettlement procedures since 2012. Since 1 August 2015, there has been a separate legal basis for displaced persons from countries of first refuge who may be received in Germany as part of a resettlement procedure that is carried out by the UN Refugee Agency (UNHCR).
Residence titles
Resettled refugees receive a residence title in accordance with section 23 subsection (4) of the Residence Act on their arrival in Germany. They do not need to file an asylum application. The residence permit that is issued in accordance with section 23 subsection (4) of the Residence Act automatically expires in accordance with section 51 subsection (1) No. 8 of the Residence Act when an asylum application is filed. A permission to reside (Aufenthaltsgestattung) is issued for the duration of the asylum procedure. Residence permits may be extended in accordance with section 8 of the Residence Act. A settlement permit is to be issued after three years unless the preconditions for withdrawal apply.
Place of residence
Refugees are distributed among the Federal Länder according to a previously-established key after their arrival. Section 24 subsections (3) and (4) of the Residence Act apply to this distribution accordingly (section 23 subsection (3) of the Residence Act). The domicile requirement (Wohnsitzauflage) also applies to them. These individuals must live and take up their habitual residence at the place to which they were assigned (section 23 subsection (4), second sentence, of the Residence Act in conjunction with section 24 subsection (5), second sentence, of the Residence Act). Relocation to another district or Federal Land is subject to conditions (e.g. looking for work or studying).
Taking up work
Once individuals receive a residence permit, they are permitted to work (section 23 subsection (4), second sentence, of the Residence Act in conjunction with section 23 subsection (2), fifth sentence, of the Residence Act).
Family reunification
The provisions contained in sections 27 et seqq. of the Residence Act apply with regard to family reunification. Priority is given to family reunification for the nuclear family, that is spouses and minor-age children. This legal possibility does not apply to other family members, or only in strictly-limited exceptions.
Neustart im Team (new start in a team, or NesT for short)
The programme "New Start in a Team (Neustat im Team, NesT) – a government and civil society resettlement programme for particularly vulnerable refugees" was officially launched as a pilot project on 9 May 2019. The Federal Ministry of the Interior (BMI), the Federal Commissioner for Migration, Refugees and Integration (IntB) and the Federal Office for Migration and Refugees (BAMF) are jointly responsible for the NesT programme. NesT was made permanent as a regular resettlement programme of the Federal government on 1 January 2023.
In addition to the regular resettlement process, the programme aims to admit up to 200 refugees from countries such as Egypt, Lebanon, Kenya, Libya and Jordan who will be supported by mentoring groups in 2023.
The aim of NesT is to make additional accommodation places available and increase society’s fundamental readiness to accept migrants by means of civil society support.
The mentors commit themselves to the programme for one year to
- provide accommodation for refugees (sponsor the basic rent or grant a right of abode), and
- provide additional support (e.g. for visits to the authorities, opening a bank account, registering with a school or making contact with (sport) associations).
BAMF is responsible for the operational implementation of the programme (selection of refugees, reviewing of mentor applications and matching mentor groups with refugees).
BAMF reviews the applications made by mentoring groups. If mentors meet the following criteria, they will be placed on a placement register:
- Participation in training provided by the Civil Society Contact Point (Zivilgesellschaftliche Kontaktstelle. ZKS),
- No relevant entry in the police clearance certificate,
- No record of security-related incidents,
- Proof of having set up a rental account or the use of an association, church, foundation or company account,
- a support plan in place.
In a second step, BAMF matches refugees with mentors. The deciding factor here is the size of the refugee family and the size of the accommodation made available by the mentor. Special focus is placed on the needs of refugees (e.g. health needs and accessibility of the accommodation in the event of special needs).
For further information on the NesT programme, please contact ZKS, sponsored by the German Caritas Association, the German Red Cross and the Evangelical Church of Westphalia.