legal and social conditions for asylum seekers and refugees in ...

SOCIAL CONDITIONS FOR PERSONS UNDER TEMPORARY PROTECTION
Introduction/legal basis
There is no one legal system providing temporary protection in Germany; instead, it is granted on
the basis of a variety of provisions in the Aliens Act: Section 32a (civil war refugees), Section 53
(Duldung) and Section 54 (temporary deportation waiver for groups of people).
Most persons under temporary protection, however, are issued with a tolerance permit (Duldung),
normally valid for six months on a renewable basis. The social conditions described below are
applicable to all those with Duldung.
As mentioned above, a few Kosovo Albanians who arrived in 1999 have been granted a
residence permit on the basis of Section 32a of the Aliens Act. However, this was given for a
limited period of time only, and then replaced by a Duldung. In practice, most Kosovo Albanians
are currently with Duldung.
Financial assistance
Pursuant to the 1993 Social Assistance Act, persons granted a temporary residence permit on
humanitarian grounds (“Aufenthaltsbefugnis”) or those granted Duldung are, in principle, entitled
to social support on the same terms as German nationals, provided that they did not come to
Germany solely to obtain such assistance and that they themselves have not caused the reasons
which prevent them from being deported. In the last few years, the Länder authorities have
regarded the situation in Bosnia-Herzegovina as safe enough to allow the return of Bosnian
citizens, and therefore hold them to be directly responsible for their continued stay in Germany.
As a result, social assistance granted to Bosnians holding humanitarian residence permits or
Duldung was reduced in 1997.
Like asylum seekers, persons with Duldung are not entitled to claim child benefit, supplementary
child allowance or education allowances.
Accommodation
Persons with Duldung are generally eligible for the same housing as asylum seekers, i.e. mostly
community housing (asylum centres), or hotels and flats.
Freedom of movement
Work
Persons with Duldung may not settle where they choose; their freedom of movement is restricted
to a local district or a Land.
Persons with Duldung, who came to Germany before 15 May 1997, are allowed to apply for work
permits for specific jobs, as long as they have first been offered to German nationals and other
EU citizens. Those who came after 15 May 1997 are not allowed to work.
Kosovo Albanians who first received a residence permit under Section 32a of the Aliens Act
(status of civil war refugees) were, in theory, allowed to work. However, since this permit was only
granted for three months, they could hardly find a job. In addition, some Länder did not issue the
requested work permits.
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Germany