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The foreigner right is a part of the order right, which regulates the entry and the stay of humans, who are not a national of the country of residence in the core. Regulations, which tie not to the nationality, but only to other characteristics (as for instance the domicile), do not fall however under the term. This applies approximately to regulations of the tax law or the family right with foreign purchase, which tie only to a domicile.

The subject of the foreigner right regulations can be over the entry, the stay, the address, the gainful employment, the integration, the social safety device and the tax law.

Quite the European union

The right of the European union contains numerous foreigner-legal regulations:

  • In the Schengen right so mentioned, which is since the entry into force of the Amsterdamer of contract part of the legal order of the European Union, the border crossing and the border control as well as - for stays of up to three months in the half-year - the visa right and the right of the stay by third citizens are regulated. The lists of the citizens visa-free visa-requiring for short stays and are in a regulation uniform for the Schengen area, contain in the regulation (EEC) No. 539/2001.
  • The right of the union citizens and their relatives to move and stop within the European Union freely, is the subject of the EEC contract, the guideline 2004/38/EG and further legislation.
  • The criteria and procedures for the determination of the member state, which is responsible for the examination of an application for asylum placed by a third citizen in a member state, are fixed in the Dublin ii-regulation in such a way specified, to the regulation (EEC) No. 343/2003. The moreover one the right of the European Union contains further regulations to the right of asylum, as for instance the regulation (EEC) No. 2725/2000, which furnishes the system "„to Eurodac "“, which serves the systematic alignment of finger marks of asylum-seekers and is to prevent that in several European Union states by the same persons applications for asylum are placed.
  • Numerous further guidelines from the years 2003 and 2004 concern likewise the migration politics, for instance the right to family unification, the third citizen residenceentitled on a long-term basis, the victims of the slave trade, the students, the researcher, etc. of the moreover one the European Union feedback convention with third states closed and regulate partly together migration-political co-operation with foreign states (see the overview of the valid Community law within this range).

Quite the Federal Republic of Germany

In the Federal Republic of Germany the legal bases, which concern the entry and the stay of foreigners in the Federal Republic of Germany, are regulated since 01 January 2005 in the residence law and for union citizens in the liberality law. Both laws were issued as components of the law for the controlling and delimitation of the Zuwanderung and for the regulation of the stay and the integration of union citizens and foreigners with the official short form Zuwanderungsgesetz, which besides contained further law changes.

The asylum proceeding law regulates the stay of asylum-seekers. In the context of the right of asylum with priority the principles of kind 16a GG apply.

In the AZR law regulations are contained for the guidance of the foreigner central register.

For the execution of the German foreigner right in the division of the Federal Ministry of the inside were issued

and in the division of the Federal Ministry for economics and work

The German tax law generally contains no distinctions after the nationality, which forms the reason for it that in the forms for tax declarations the nationality does not have to be indicated.

Literature

  • German foreigner right, text edition, Beck dtv 5537, March 2005
  • Independent commission Zuwanderung, report "„Zuwanderung arrange - integration promote "“, Berlin July 2001, down load here
  • Assigned the Federal Government for migration, refugees and integration, report over the situation of the foreigners and foreigners in Germany, Berlin June 2005. Chapter C (development of the right) contains explanations to current application problems the Zuwanderungsgesetzes
Pdf down load 2 MT
  • Federal Ministry of the inside, provisional application references to the AufenthG and to the Berlin December 2004. "„The semi-official "“comment from the BMI, after (nearly) all foreigner authorities work pdf down load 2 MT
  • Hofmann/Hoffmann, - AufenthG, AsylVfG, steam turbine and gas turbine system. Hand comment, Nomos publishing house, August 2005
  • Racer, foreigner right, 8. A. AufenthG and AsylVfG. Comment, Beck publishing house, before-outer. August 2005
  • Asylum magazine (technical periodical), Hrsg. information group asylum
  • ZAR - Magazine for foreigner right and - politics (technical periodical), Nomos publishing house
  • News letter foreigner right (technical periodical), Luchterhand publishing house
  • See also

    • Work permit
    • Residence law
    • Residence regulation
    • Greencard (Germany)
    • Immigration
    • Population trend

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