Return - IOM Publications - International Organization for Migration

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GERMANY
Immigration laws in Germany foster the principle of voluntary return. According to Section 50
of the pending Immigration Act, 10 an obligation to leave the federal territory is established in the
absence of a residence permit or when an existing permit expires. Foreigners are subsequently
required to leave the country immediately or where applicable, by the end of a specified period,
not exceeding six months. Under Section 58 of the Act, a foreigner shall be deported if he/she
fails to voluntarily comply with the obligation to leave the country.
Despite the legal obligation on foreigners to voluntarily leave the country upon cessation of any
right of residence, there is currently no right to assisted voluntary return, and returning migrants
are expected to do so independently. Provisions for assisted voluntary return are not explicitly
embodied in law, but are rather dependent on established return programmes agreed by a number
of Federal government and Länder ministries and special decrees and regulations. Aliens
already in custody pending deportation, for example, are no longer eligible to apply for voluntary
return; this to make sure that migrants do not wait until the last minute before applying for
voluntary return.
Nevertheless, some legal provisions have been made in the past to cover reintegration assistance,
such as the 1986 Act on Reintegration Assistance for House Building subsequently
revoked in 1993. Existing legislation on reintegration assistance includes the Act to Promote the
Preparedness of Foreign Workers to Return, which provides nationals of countries with which
Germany has concluded agreements on labour migration (including Turkey, Morocco and
Tunisia) the right to information and advice on return, occupational reintegration and the possibilities
of establishing new businesses.
2.2 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS
Institutions Responsible for Voluntary Return
A number of ministries are responsible for AVR programmes in each of the Federal States. The
leading agencies are usually the Ministry of Interior, Ministry of Health and Social Affairs,
Ministry of Justice (in regard to rejected asylum seekers) and the Ministry of Economic Cooperation
and Labour Administration (for programmes supporting professional reintegration or starting
small businesses). International organizations such as IOM are responsible for the implementation
of return programmes, together with specialized government agencies like the Central
Placement Office (ZAV) and NGOs.
The Federal Office for Asylum (BAFL) has recently been made responsible for overall coordination
of the return programme. This has led to the creation of the Central Information and Return
Office (ZIRF) in Nuremberg. BAFL plans to gradually take over all available government funding
resources for AVR on a national level and coordinate the implementation and funding of all
return programmes of all Federal States. Among others, BAFL is responsible for administration
and payment of funds approved under the schemes to promote voluntary return.