Germany: Act concerning the Entry and Residence of Aliens in the Territory of 
the Federal Republic (Aliens Act - Ausländergesetz)

Date of Entry Into Force:	 1 January 1991
Date of posting to this site:  30 May 2000

UNHCR Note:	This is an unofficial translation. This act has been amended by the 
Act of 26 June 1992, Act of 28 October 1994 (BGBl. I p. 3186) and Act of 24 
February 1997 (BGBl. I p. 310). These amendments are not included here as no 
English translation is available to date. llll

United Settlement Note, 30 May 2000: We have included the 1999 amendments in the 
original German pending our own translation of these. We will incorporate in a 
similar manner the 1992, 1994 and 1997 amendments within the next few weeks.

Chapter I - GENERAL PROVISIONS
Chapter 2 - ISSUE AND EXTENSION OF THE RESIDENCE PERMIT
Chapter 3 - RESIDENCE AND PASSPORT REQUIREMENTS
Chapter 4 - TERMINATION OF RESIDENCE
Chapter 5 - CROSSING THE FRONTIER
Chapter 6 - PROCEDURAL REQUIREMENTS
Chapter 7 - SIMPLIFIED NATURALIZATION PROCEDURE
Chapter 8 - PENAL PROVISIONS AND FINES
Chapter 9 - TRANSITIONAL AND FINAL PROVISIONS
 
Chapter I - GENERAL PROVISIONS

Section 1 - Immigration and residence of aliens

(1)   Under this Act aliens may enter the territory of the Federal Republic of 
Germany, including the Land of Berlin (the Federal territory) and may reside 
there, unless otherwise determined by law.

(2)	An alien is any person who is not a German national within the meaning of 
Article 116, para. 1 of the Basic Law.

Sec. 2 - Scope

(1)   This Act shall not apply to foreigners

1.	who are not subject to German jurisdiction under sections 18 to 20 of the 
Judicature Act;

2.	insofar as they are exempt, in accordance with international treaties on 
diplomatic and consular relations and on the activities of international 
organizations and institutions, from immigration restrictions, from the 
obligation to register as aliens and from the requirement to obtain a residence 
permit, to the extent that exemptions from these requirements depend on 
reciprocal arrangements.

(2)	This Act shall only apply to aliens who enjoy freedom of movement under 
European Community law except where otherwise determined by European Community 
law and the EEC Residence Act.

Sec. 3 - Requirement to obtain permission for residence

 (1) Aliens require a residence permit in order to enter and remain in Federal 
territory. The Federal Minister of the Interior may, in order to facilitate the 
residence of aliens, provide by way of statutory instrument, with the consent of 
the Bundesrat, that they may be exempt from the requirement to obtain a 
residence permit.

(2)	A residence permit is also required by aliens employed as crew members of 
a sea-going vessel which is entitled to fly the flag of the Federal Republic.

(3)	The residence permit must be obtained, in the form of a visa, before 
entry. The Federal Minister of the Interior may determine by way of a statutory 
instrument, with the consent of the Bundesrat, that the residence permit may be 
obtained before entry from the Aliens Authority, or after entry.

(4)	The statutory instruments under paragraph 1, second sentence, and 
paragraph 3, second sentence, may be issued without the consent of the Bundesrat 
where this is necessary in order to comply with an inter-State agreement. They 
will lapse no later than three months after they have entered into force.

(5)	The stay of an alien who does not require a residence permit may be 
subject to temporal and territorial restrictions, and to special terms and 
conditions.

Sec.4 - Passport obligations
(1)   Aliens wishing to enter or reside in Federal territory must possess a 
valid passport.

(2)	The Federal Minister of the Interior may, with the consent of the 
Bundesrat, issue statutory instruments to

1.	exempt from the obligation to hold a passport aliens whose return is 
guaranteed

2.	introduce or admit other official identity documents in place of a 
passport.

Chapter 2 - ISSUE AND EXTENSION OF THE RESIDENCE PERMIT

1. The residence permit

Sec.5 - Categories of residence permit

 The residence permit is issued in the form of

1.	a residence licence (sections 15, 17),

2.	a residence entitlement (section 27),

3.	a residence voucher (sections 28, 29),

4.	a residence authorization (section 30).

Sec.6 - Who may claim a residence permit
(1)   Aliens must be issued on request with a residence permit if they have a 
right to claim one. A residence permit may only be refused where such a right is 
precluded on the basis of section 10, para. 2, or where expressly determined by 
law.

(2)	Where a claim for the issue or extension of a residence permit is 
dependent on the duration of lawful residence in Federal territory, or on the 
possession of a residence permit, periods spent by the alien in preventive 
detention will not be counted.

Sec.7 - Issue of residence permits in other cases

(1)Where there is no entitlement to the issue of a residence permit, aliens 
wishing to enter or remain in Federal territory may, on request, be issued with 
a residence permit.

(2)	A residence permit will normally be refused where

1.	there are grounds for deportation,

2.	the alien cannot provide for his own maintenance, including adequate 
sickness insurance, from his own earnings, property or other independent means, 
or from maintenance payments by family members or third parties, stipends, 
retraining or education grants, unemployment pay or other public resources based 
on contributions, or

3.	the presence of the alien otherwise harms or endangers the interests of 
the Federal Republic of Germany.

(3)	A visa may be issued, notwithstanding the provisions of paragraph 2, 
exclusively for the purpose of transit travel through Federal territory (a 
transit visa), if the alien's departure is guaranteed and the transit journey 
does not adversely affect interests of the Federal Republic of Germany.

Sec.8 - Special grounds for refusal

(1)   The residence permit will be refused, even if the conditions for claiming 
one under this Act are fulfilled, if

1.	the alien has entered the country without the requisite visa,

2.	he has entered with a visa which, on the basis of the information supplied 
in the visa application, has been issued without the necessary consent of the 
Aliens Authority,

3.	he does not possess the necessary passport,

4.	the identity or nationality of the alien has not been established, and he 
has no right of return to another State.

(2)	An alien who has been deported or expelled may not re-enter and reside in 
Federal territory; he will not be issued with a residence permit, even if the 
conditions for claiming one under this Act are fulfilled. On application, a time 
limit will normally be attached to these consequences, to run from the time of 
departure.

Sec. 9 - Exceptions and exemptions from the grounds of refusal

(1)   The residence permit may be issued notwithstanding the provisions of

1.	section 8, para. 1, no. 1, if it is clear that the conditions for claiming 
the residence permit under this Act are fulfilled, and if the alien's obligation 
to hold a visa is due solely to the purpose or duration of his intended stay.

2.	section 8, para. 1, no. 2, if it is clear that the conditions for claiming 
a residence permit under this Act are fulfilled.

3.	section 8, para. 1, nos. 3 and 4 in certain cases specifically provided 
for, especially where the conditions for claiming the residence permit under 
this Act are fulfilled, and where the alien is lawfully resident in Federal 
territory and cannot reasonably obtain a passport or an entitlement to return to 
another State.

(2)	The Federal Minister of the Interior, or an agency appointed by him, may 
in certain cases allow exceptions before the entry of the alien from section 8, 
para. 1, nos. 3 and 4, for the purpose of crossing the frontier and a subsequent 
stay of up to six months.

(3)	An alien who has been deported or expelled may, in exceptional cases, be 
permitted to enter Federal territory for a short period before the expiry of the 
time limit pursuant to section 8, para. 2, second sentence, if there are 
pressing reasons for his presence or if the refusal of such permission would 
cause undue hardship.

(4)	The Federal Minister of the Interior will determine, when necessary in 
order to comply with obligations under international law, to provide by way of 
statutory instrument with the consent of the Bundesrat that the temporary 
residence of aliens will be facilitated by providing that they may enter and 
remain in the country for a period not exceeding three months, notwithstanding 
the provisions of section 7, para. 2 and section 8, para. 2.

Sec. 10 - Residence permit for the purpose of taking up employment

(1)   Aliens who wish to remain in Federal territory for more than three months 
in order to work for an employer will be issued with a residence permit only in 
accordance with a statutory instrument as provided in paragraph 2.

(2)	The Federal Minister of the Interior shall determine, by way of a 
statutory instrument issued with the consent of the Bundesrat, the conditions 
and restrictions on residence permits issued for the purpose of paid employment, 
where this is necessary to protect the interests of the Federal Republic of 
Germany and the obligations undertaken by it. The statutory instrument may 
prescribe restrictions to particular occupations or types of employment and 
particular categories of aliens, and the type and duration of the residence 
permit, and may restrict or preclude the issue of a residence permit of 
indefinite duration.

(3)	The statutory instrument must be rescinded on demand of the Bundesrat.
Sec. 11 - Residence permits in the event of a request for asylum

(1)   An alien who has made a request for asylum may only be issued with a 
residence permit before the completion of the asylum procedure, except in the 
case of a statutory entitlement, where the superior Land authority has given its 
consent and where the relevant interests of the Federal Republic of Germany 
require it.

(2)	A residence permit which has been issued or extended by the Aliens 
Authority after the entry of the alien may be extended in accordance with the 
provisions of this Act even if the alien has made a request for asylum.

Sec. 12 - Area and duration of validity

(1)   The residence permit is issued for the territory of the Federal Republic 
(section 1, para. 1).Limitations as to the place of residence may be imposed 
either at the time of issue or subsequently.

(2)	The residence permit is issued subject to a time limit or, where 
determined by law, may be issued without limit of time. If a material condition 
for its issue or extension, or for the definition of its term of validity, is 
not fulfilled, a temporal restriction may subsequently be imposed on a residence 
permit with a time limit.

Sec. 13 - Extension of the residence permit

(1)   The rules for the issue of a residence permit apply likewise to its 
extension.
(2)	A visa which has been issued on the basis of the information supplied by 
the alien in the visa application, and without requiring the consent of the 
Aliens Authority, may not be extended for more than six months in total, even if 
the conditions for claiming an extension under this Act are fulfilled. Section 
9, para. 1, no. 2, will apply mutatis mutandis.

Sec. 14 - Special terms and conditions

(1)   Conditions may be attached to the issue and extension of the residence 
permit. It may, in particular, be subject to the production of evidence that a 
third party is prepared to bear all or part of the necessary cost of homeward 
travel or of maintaining the alien for a specific period of time, which may not 
exceed the anticipated duration of his stay.

(2)	Restrictions may be attached to the residence permit, even after its 
issue. In particular, a prohibition may be imposed against taking up an 
occupation, or conditions may be attached to the type of occupation taken up. 
Work for an employer may not be restricted or prohibited contrary to the work 
permit as long as the alien is in possession of a residence permit. The same 
applies to any permitted form of self-employment.

(3)	Restrictions may be imposed before the residence permit is issued.

2. Residence licence and residence entitlement

Sec. 15 - Residence licence

The residence permit is issued in the form of a residence licence wherever an 
alien is permitted to take up residence without restriction as to its purpose.

Sec. 16 - The right to return

(1)   A residence licence will be issued notwithstanding section 10 to an alien 
who, being a minor, had his lawful ordinary residence in Federal territory if

1.	prior to leaving the country, the alien was lawfully resident for eight 
years in Federal territory, and attended school there for six years,

2.	his maintenance is secured from his own earnings or from maintenance 
payments for which a third party has assumed responsibility for a period of five 
years, and

3.	the request for the issue of the residence permit is made after completion 
of the 15th year and before completion of the 21st year, and within five years 
of leaving the country.

(2)	The conditions laid down in paragraph 1, nos. 1 and 3, may be waived in 
order to avoid special hardship. The conditions laid down in paragraph 1, no. 1, 
may be waived if the alien has obtained a recognized school-leaving certificate 
in the territory of the Federal Republic.

(3)	A residence licence may be refused if,

1.	the alien had been deported, or could have been deported, when he left the 
territory of the Federal Republic,

2.	if there are grounds for deportation, or

3.	as long as the alien is a minor and there is no guaranteed provision for 
his care and custody in the territory of the Federal Republic.

(4)	The residence licence will be extended, even if maintenance can no longer 
be secured from his own earnings or the obligation to maintain has lapsed on the 
expiry of the five-year period.

(5)	An alien who is in receipt of financial support from a source within the 
Federal Republic will normally be issued with a residence licence if he has 
resided lawfully for at least eight years in the Republic before his departure.

Sec. 17 - Family members joining aliens

(1)   A foreign family member of an alien may, for the purposes of the 
protection of marriage and the family enshrined in Article 6 of the Basic Law, 
be issued with a residence licence in order to establish and maintain a family 
home with the alien in the territory of the Federal Republic. The licence may 
also be extended.

(2)	The residence licence may only be issued for the purpose designated in 
paragraph 1 if

1.	the alien holds a residence licence or residence entitlement,

2.	there is sufficient living accommodation available, and

3.	the maintenance of the family member is secured from the alien's own 
earnings or property or from his other resources.

(3)	The spouse and minor unmarried children of a person with the right of 
asylum may be issued with a residence licence in derogation from the provisions 
of paragraph 2.

(4)	Sufficient living accommodation for the purposes of this Act, may not be 
defined to more exacting standards than would suffice for the housing of a 
person in search of accommodation in publicly provided rented housing. The 
living accommodation is not sufficient if it fails to comply with the legal 
requirements as to state of repair and occupancy which also apply to German 
nationals. Children under two years old will not be included when calculating 
the living accommodation sufficient to house the family.

(5)	The residence licence may be refused even where the conditions for 
claiming one under this Act are fulfilled, if grounds exist for the deportation 
of the family member, or if the alien is claiming or has to claim social 
assistance for other foreign family members resident in the Federal territory 
and whom he is generally liable to maintain, or for persons in his household 
whom he has maintained or has undertaken to maintain.

Sec. 18 - Spouses joining aliens

(1) The spouse of an alien is to be issued with a residence licence, in 
accordance with section 17, if the alien

1.	possesses a residence entitlement,

2.	has a recognized right of asylum,

3.	holds a residence licence and if the marriage was in existence at the time 
the alien entered the country and was registered by the alien when the initial 
application for the residence licence was made, or

4.	was born in Federal territory or entered it as a minor, holds a residence 
licence or residence entitlement without limit of time, has resided lawfully in 
Federal territory for eight years, and has reached his/her majority.

(2)	The residence licence may be issued in derogation from paragraph 1, no. 3.

(3)	In the cases referred to in paragraph 1, no. 4, the spouse may be issued 
with a residence licence in derogation from section 17, para. 2, no. 3, if the 
maintenance of the spouse is guaranteed without recourse to public funds. The 
claim of grants and training subsidies, or of public resources based on 
contributions, shall not constitute an objection to the issue of the residence 
licence. The same applies where, in the cases referred to in paragraph 1, no. 4, 
the alien has been lawfully resident in Federal territory for five years and a 
child has been born of the marriage, or the wife is pregnant.

(4)	The residence licence may be extended, with a time limit, in derogation 
from section 17, para. 2, nos. 2 and 3, as long as the spouses continue to live 
together.

(5)	If one of the spouses has been permitted to remain in residence in 
accordance with section 19 following the dissolution of the marital bond, the 
other spouse will only be issued with a residence licence for the purpose of 
restoring the marital bond in Federal territory if there was no bar against his 
or her receiving a residence licence without limit of time when he/she left the 
country.

Sec.19 - The independent right of spouses to take up residence

(1) The spouse's residence licence will be extended in the event of the marital 
bond being dissolved, conferring a right of residence independent of the purpose 
of stay specified in section 17, para. 1, if

1.	 the marital bond has lawfully existed in Federal territory for at least 
four years,

2.	 it has lawfully existed in Federal territory for at least three years and 
it is necessary, in order to avoid undue hardship, to enable the spouse to 
remain, or

3.	the alien has died while the marital bond subsisted in Federal territory, 
and if

4.	the alien held a residence licence or residence entitlement until the time 
when the conditions defined in subparagraphs 1 to 3 came into play, unless it 
was impossible for him, for reasons beyond his control, to make a timely 
application for the extension of the residence licence.

In the cases referred to in subparagraph 2, account will also be taken of any 
serious handicaps to which the spouse would be exposed outside Federal territory 
owing to the dissolution of the marital bond.

(2)	In the cases referred to in paragraph 1, the residence licence will be 
extended for one year; drawing social benefits will not constitute a bar to the 
extension. The residence licence may thereafter be extended with a time limit, 
as long as the conditions for an extension without limit of time are not 
fulfilled.

(3)	The extension of the residence licence may be refused, notwithstanding the 
provisions of paragraph 2, first sentence, if grounds exist for the deportation 
of the spouse.

(4)	In other respects a spouse's residence licence, once extended without 
limit of time, confers an independent right of abode regardless of the purpose 
of the stay as defined in section 17, para. 1.

Sec. 20 - Children joining parents

(1)   A residence licence will be issued for an unmarried minor child of a 
person with the right of asylum, in accordance with section 17.

(2)	A residence licence will be issued for the unmarried child of any other 
alien, in accordance with section 17, if

1.	the other parent also holds a residence licence or residence entitlement, 
or has died, and

2.	the child is under sixteen years old.

(3)	The conditions laid down in paragraph 2, no. 1, may be waived if the 
parents are not married or are no longer married. A residence licence may be 
issued to a child who has been lawfully resident in Federal territory for five 
years, notwithstanding the provisions of paragraph 2, no. 1, and section 17, 
para. 2, no. 3.

(4)	A residence licence may otherwise be issued to the unmarried minor child 
of an alien in accordance with section 17, if

1.	the child has a command of the German language or it appears certain that, 
on the basis of his/her previous education and lifestyle, he/she can adapt to 
the lifestyle in the Federal Republic of Germany, or

2.	it is necessary to avoid special hardship, in the circumstances of an 
individual case.

(5)	An unmarried minor child of an alien who was born in Federal territory or 
has immigrated as a minor may be issued with a residence licence notwithstanding 
the provisions of section 17, para. 2, no. 3, if his/her maintenance is 
guaranteed without recourse to public funds. The claim of grants and education 
subsidies or of public funds based on contributions will not constitute an 
objection to the issue of the residence licence.
(6)	A residence licence issued to a child will be extended notwithstanding the 
provisions of section 17, para. 2, nos. 2 and 3.
Sec.21 - Children's right of abode
 (1)A child born on Federal territory has an automatic right to a residence 
licence, if the mother possesses a residence licence or a residence entitlement. 
The residence licence will be renewed, in accordance with section 17, as long as 
the mother or the father with sole custody possesses a residence licence or 
residence entitlement. It will be extended notwithstanding the provisions of 
section 17, para. 2, nos. 2 and 3.

(2)	Section 16 will apply, mutatis mutandis, to the extension of a residence 
licence issued to a child, insofar as the conditions in paragraph 1 and in 
sections 17 and 20 are not present.

(3)	A residence licence issued to a child confers an independent right of 
abode, regardless of the purpose of the stay as defined in section 17, para. 1, 
if it is renewed without limit of time or subject to section 16, or if the child 
has reached his/her majority.

(4)	The residence licence may be extended with a time limit, as long as the 
conditions for an extension without limit of time are not present.

Sec. 22 - Other family members joining aliens

Other members of the family of an alien may be issued with a residence licence, 
in accordance with section 17, where this is necessary in order to avoid undue 
hardship. The provisions of section 18, para. 4, and section 19 will apply, 
mutatis mutandis, to family members who have reached their majority; minors are 
covered by section 20, para. 6, and section 21, paras. 2 to 4.

Sec. 23 - Foreign relatives of German nationals

(1)   A residence licence will be issued, in accordance with section 17, para. 
1, to

1.	the foreign spouse of a German national,

2.	the foreign minor unmarried child of a German national,

3.	the foreign parent of a minor unmarried German national, for the purpose 
of exercising care and custody if the German national is ordinarily resident in 
Federal territory.

(2)	The residence licence is normally issued for three years. It will be 
extended for a further period, as long as the family continues to live together 
with the German national on Federal territory and the conditions for an 
extension without limit of time are not yet present.

(3)	Section 17, para. 5, and sections 19 and 21 will apply mutatis mutandis, 
the alien's residence permit being replaced by the ordinary residence of the 
German national on Federal territory.

(4)	Section 22 will apply, mutatis mutandis, to other family members.

Sec. 24 - Residence licence without limit of time

(1)   The residence licence will be extended without limit of time if the alien

1.	has held a residence licence for five years,

2.	is an employee with a special work permit,

3.	is in possession of the other permits required to exercise his occupation 
on a continuing basis,

4.	can make himself understood orally in simple German,

5.	has sufficient living accommodation (section 17, para. 4) for himself and 
the family members sharing his household, and if

6.	there are no grounds for deportation.

(2)	if the alien is not in paid work, the residence licence will only be 
extended, in accordance with paragraph 1, if the alien's maintenance can be 
guaranteed

1.	from his own property or other resources of his own, or

2.	through an entitlement to unemployment pay or, for a further six-month 
period, through an entitlement to unemployment assistance.

In the case referred to in paragraph 1, no. 2, the residence licence may be 
subsequently restricted in time if the alien is unable to show, within three 
years, that his maintenance is guaranteed from his own earnings.

Sec. 25 - Residence licence without limit of time for spouses

(1)   In the case of spouses living together it is sufficient if the conditions 
laid down in section 24, para. 1, nos. 2 and 3, and para. 2, first sentence, are 
fulfilled by one of the spouses.

(2)	A residence licence issued to one of the spouses in accordance with 
section 18 will be extended without limit of time following dissolution of the 
marriage, notwithstanding the provisions of section 24, para. 1, nos. 2 and 3, 
and para. 2, first sentence, if the maintenance of the spouse is guaranteed 
through maintenance payments from the alien's own resources and if the latter 
holds a residence licence or residence entitlement without limit of time.

(3)	A residence licence issued to the spouse of a German national will 
normally be extended without limit of time after three years, if the marriage 
with the German national is still in existence and the conditions laid down in 
section 24, para. 1, nos. 4 and 6 are present. If the marriage is dissolved, 
paragraph 2 will apply mutatis mutandis.

Sec. 26 - Residence licence without limit of time for children joining parents

(1)   A residence licence issued to a minor alien for the purpose defined in 
section 17, para. 1, will be extended without limit of time notwithstanding the 
provisions of section 24, if the alien, on completing his 16th year, has been in 
possession of the residence licence for eight years. This also applies if the 
alien

1.	has reached his majority and has been in possession of the residence 
licence for eight years,

2.	has a sufficient knowledge of the German language, and

3.	is able to maintain himself from his own earnings or property or from 
other resources of his own, or is undergoing a course of training which leads to 
a recognized educational or occupational qualification.

(2)	In calculating the required period for having held a residence licence in 
accordance with paragraph 1, periods in which the alien has been attending 
school outside Federal territory will not normally be included.

(3)	A residence licence without limit of time may only be refused if

1.	grounds for deportation exist which are based on the personal conduct of 
the alien,

2.	the alien has been sentenced, in the past three years, to a youth penalty 
or a term of imprisonment of at least six months, or a fine of at least 180days' 
equivalent, for an intentional criminal act, or if he has received a suspended 
youth sentence, or

3.	his maintenance cannot be guaranteed without claiming social assistance or 
youth support in accordance with Volume 8 of the Code of Social Legislation, 
unless the alien is undergoing a course of training leading to a recognized 
educational or occupational qualification.

In the cases covered by paragraph 1, the residence licence may be extended 
subject to a time limit. In the cases referred to in subparagraph 2, if the 
youth penalty or imprisonment is subject to probation or is suspended, the 
residence licence will normally be extended subject to a time limit coinciding 
with the end of the period of probation.

Sec. 27 - Residence entitlement

(1)   The residence entitlement is not subject to any temporal or territorial 
restrictions. Special terms and conditions may not be attached to it. Section 37 
is unaffected.

(2)	An alien will be issued with a residence entitlement if

1.	he has

a possessed a residence licence for eight years, or

b possessed a residence licence without limit of time for three years, and was 
previously in possession of a residence authorization,

2.	his maintenance is guaranteed from his own earnings, property or other 
resources of his own,

3.	he has made at least 60 months' compulsory or voluntary contributions to 
the statutory pension scheme, or can show an entitlement based on contributions 
to similar benefits from an insurance or welfare scheme or from an insurance 
company,

4.	he has not been sentenced, within the past three years, to a youth penalty 
or a term of imprisonment or a fine equivalent to 180 days, or to any higher 
penalty, for an intentional criminal act, and

5.	the conditions laid down in section 24, para. 1, nos. 2 to 6 are 
fulfilled.

(3)	In certain circumstances a residence entitlement may be granted to an 
alien notwithstanding the provisions of paragraph 2 (1), if he has possessed a 
residence licence for five years. This will be the case, in particular, with

1.	former German nationals,

2.	aliens married to German nationals,

3.	persons with the right of asylum, and aliens with similar status.

(4)	In the case of spouses living together it is sufficient if the conditions 
laid down in paragraph 2, nos. 2 and 3, and in section 24, para. 1, nos. 2 and 
3, are fulfilled by one of the spouses.

(5)	In the case of aliens liable to penal detention, the time limit prescribed 
in paragraph 2 (4) begins when they are released from custody.

3. Residence voucher

Sec. 28 - Residence voucher

(1)   A residence permit is issued in the form of a residence voucher if an 
alien is allowed to remain only for a specific purpose which, of its nature, 
requires only a temporary stay. Section 10 is unaffected.

(2)	The residence voucher will be limited in time, in accordance with the 
purpose of the stay. It will be issued for not longer than two years, and may be 
extended for not more than two years at a time if the purpose of the stay has 
not yet been achieved and can still be achieved within a reasonable time.

(3)	Before an alien leaves the country, the residence voucher cannot normally 
be renewed or extended for a different purpose. A residence licence cannot be 
issued until one year has elapsed since the departure of the alien; this will 
not apply in the case of a statutory entitlement or where the public interest 
requires otherwise. The above provisions do not apply to aliens whose stay in 
Federal territory has not yet exceeded one year.

(4)	An alien who wishes, for professional or family reasons, to stay on more 
than one occasion in Federal territory, may be issued with a visa enabling him 
to stay for a total of three months every year. An alien who receives 
maintenance payments from a liable person in Federal territory, and who has 
family connections in Federal territory, will normally be issued with a visa in 
accordance with the first sentence above.

Sec. 29 - Residence voucher for family members

(1)   The spouse of an alien who possesses a residence voucher may, for the 
purposes of the protection of marriage and the family enshrined in Article 6 of 
the Basic Law, be issued with a residence voucher in order to establish and 
maintain a marital home with the alien in Federal territory, if

1.	the maintenance of the alien and of the spouse is guaranteed without 
recourse to social assistance, and

2.	sufficient living accommodation (section 17, para. 4) is available.

(2)	An unmarried minor child of an alien holding a residence voucher may be 
issued with a residence voucher in accordance with the provisions of section 20, 
paras. 2 to 4, and section 21, para. 1, first sentence, as applicable to the 
issue of a residence licence to an unmarried minor child. For the purpose of 
defining guaranteed maintenance, it is sufficient that the maintenance can be 
guaranteed without recourse to social assistance.

(3)	A residence voucher of a spouse and a child can only be extended as long 
as the alien possesses a residence voucher and the family unit remains in 
existence. In the case of an extension, the requirement for guaranteed means of 
support may be waived.

4. Residence authorization

Sec. 30 - Residence authorization

(1)   A residence permit is issued in the form of a residence authorization if 
an alien is to be allowed, on international legal grounds or for pressing 
humanitarian reasons, or to protect the political interests of the Federal 
Republic of Germany, to enter and remain in Federal territory, and where no 
residence licence can be issued or is to be refused in accordance with one of 
the grounds for refusal specified in section 7, para. 2.

(2)	An alien who is lawfully residing in Federal territory may be issued with 
a residence authorization on pressing humanitarian grounds if

1.	the issue or extension of another form of residence permit is excluded and

2.	there are particular circumstances in the individual case which would 
signify exceptional hardship for the alien if he had to leave the Federal 
territory;

insofar as the alien could not anticipate a further period of residence in 
Federal territory, the duration of his previous residence and that of members of 
his family will not be regarded as pressing humanitarian grounds.

(3)	An alien who has received a final order to leave the country may be issued 
with a residence authorization, notwithstanding the provisions of section 8, 
para. 1, if the conditions prescribed in section 55, para. 2, for the grant of a 
temporary consent are met, where for reasons beyond his control he cannot leave 
voluntarily and cannot be deported.

(4)	In other instances an alien who has been under a final order to leave for 
at least two years, and who holds a temporary consent may, notwithstanding the 
provisions of section 8, paras. 1 and 2, be issued with a residence 
authorization, unless the alien refuses to comply with reasonable requests for 
the removal of the bar to deportation.

(5)	An alien in whose case the Federal Office for the Recognition of Foreign 
Refugees has finally confirmed that the conditions prescribed in section 51, 
para. 1, are fulfilled, will be issued with a residence authorization if his 
deportation is impossible on legal or factual grounds. In other instances an 
alien whose request for asylum has been finally rejected, or who has withdrawn 
his request for asylum, may only be granted a residence authorization in 
accordance with paragraphs 3 and 4.

Sec. 31 - Residence authorization for family members

(1)   A spouse and an unmarried minor child of an alien who possesses a 
residence authorization may be issued with a residence authorization for the 
purpose of establishing and maintaining a family unit with the alien in Federal 
territory, in accordance with section 30, paras. 1 to 4, and notwithstanding the 
provisions of section 30, para. 5, second sentence.

(2)	A child born in Federal territory is automatically entitled to a residence 
authorization, if the mother has one. The residence authorization will be 
extended as long as the mother, or a father with sole custody, holds a residence 
authorization.

Sec. 32 - Authority for superior Land authorities to accept aliens

By agreement with the Federal Minister of the Interior, the superior Land 
authority may, for international legal reasons or on humanitarian grounds, or to 
protect political interests of the Federal Republic of Germany, order a 
residence authorization to be issued to aliens from particular States, or 
otherwise to particular categories of aliens, and that residence authorizations 
already issued should be extended.

Sec.33 - Admission of aliens

(1)   The Federal Minister of the Interior, or an agency appointed by him, may 
admit an alien to Federal territory for the purpose of granting residence if 
required to do so by international law or on humanitarian grounds, or by the 
political interests of the Federal Republic.

(2)	A residence authorization will be issued to an alien admitted in 
accordance with paragraph 1.

Sec. 34 - Duration of the residence authorization

(1)   The residence authorization may be issued and extended for not more than 
two years at a time.

(2)	The residence authorization may not be extended if the bar to deportation, 
or other grounds for withholding termination of residence, no longer exist.

Sec. 35 - Protracted stay on humanitarian grounds

(1)   An alien who has held a residence authorization for eight years may be 
issued with a residence licence without limit of time if the conditions laid 
down in section 24, para. 1, nos. 2 to 6 are fulfilled and his maintenance is 
guaranteed from his own earnings or property. The period of residence for the 
asylum procedure prior to the issue of the residence authorization is included 
in the eight years.

(2)	In the case referred to in paragraph 1, first sentence, the spouse and 
unmarried minor children of the alien will also be issued with a residence 
licence if they are in possession of a residence authorization at the time. For 
the purpose of issuing the residence licence without limit of time, the length 
of time for which the holder has had the residence authorization will be 
included in the period for which he/she must have held a residence licence.

Chapter 3 - RESIDENCE AND PASSPORT REQUIREMENTS

Sec. 36 - Enforced departure in the event of a territorial restriction

An alien must, without delay, leave any part of Federal territory in which he is 
residing without the permission of the Aliens Authority and contrary to a 
territorial restriction.

Sec. 37 - Prohibition and restriction of political activity

(1)   Aliens may be politically active to the extent permitted by law. Political 
activity by a foreigner may be restricted or prohibited to the extent that it

1.	adversely affects or endangers the democratic process in the Federal 
Republic of Germany, or the peaceful coexistence of Germans and aliens or of 
different categories of aliens in Federal territory, public security and public 
order, or other key interests of the Federal Republic of Germany,

2.	may be contrary to the foreign policy interests or the international legal 
obligations of the Federal Republic of Germany,

3.	offends against the law of the Federal Republic of Germany, in particular 
through the use of force, or

4.	is designed to promote parties or other associations, institutions or 
trends outside Federal territory whose aims or methods are incompatible with the 
basic values of a political system which respects human dignity.

(2)	Political activity by an alien will be prohibited to the extent that it

1.	endangers the democratic system or the security of the Federal Republic of 
Germany, or is contrary to the codified rules of international law,

2.	publicly endorses or advocates the use of force as a means of achieving 
political, religious or other aims, or is designed or adapted to foment the use 
of force, or

3.	supports organizations, political movements or groups inside or outside 
Federal territory which have organized, advocated or threatened attacks against 
persons or property within Federal territory, or against Germans or German 
institutions outside Federal territory.

Sec. 38 - Notification of residence

The Federal Minister of the Interior may, to protect the interests of the 
Federal Republic of Germany, provide by way of statutory instrument, with the 
consent of the Bundesrat, that aliens who are exempt from the requirement to 
hold a residence permit, and aliens who enter the country with a visa must 
notify their presence after entry to the Aliens Authority, or to another agency 
which in turn will inform the Aliens Authority.

Sec. 39 - Substitute identity documents

(1)An alien who does not possess a passport and cannot reasonably obtain one 
will satisfy the obligation to hold an identity document by producing a 
certificate, bearing his personal details and a photograph (substitute identity 
document), showing that he has a residence authorization or a temporary consent 
to remain.

(2)	The Federal Minister of the Interior may determine, by means of a 
statutory instrument issued with the consent of the Bundesrat, that aliens who 
do not possess a passport or passport substitute, and cannot reasonably obtain 
one, may be issued with a travel document as a substitute for a passport, may be 
given a certificate of entitlement to return to Federal territory, and may be 
exempted from the obligation to produce a passport for the purpose of crossing 
the frontier.

Sec. 40 - Legal obligations as to personal identification

(1)An alien must show, hand over and temporarily surrender his passport, 
passport substitute or replacement identity document, together with his 
residence permit or temporary consent, on demand by the authorities responsible 
for implementing this Act, wherever required for the purpose of performing or 
ensuring the performance of measures under this Act.

(2)	The Federal Minister of the Interior issues statutory instruments, with 
the consent of the Bundesrat, to regulate the legal obligations as to personal 
identification of aliens resident in Federal territory in respect of the issue 
and extension, loss and recovery, and presentation and surrender of a passport, 
passport substitute and replacement identity document.

Sec. 41 - Ascertaining identity

(1)   If there is doubt concerning the identity or nationality of an alien, all 
necessary steps will be taken to establish his identity or nationality if

1.	the alien is to be permitted to enter the country or is to be issued with 
a residence permit or temporary consent to remain, or

2.	such steps are required in order to implement other measures in accordance 
with this Act.

(2)	For the purpose of establishing identity, the investigative measures laid 
down in section 81 b of the Code of Penal Procedure may be carried out if 
identity cannot be established by other means, especially by enquiries from 
other authorities, or cannot be established at the proper time or only with 
considerable difficulty.

(3)	Even if the conditions laid down in paragraphs 1 and 2 are not present, 
investigative measures may be pursued if the alien seeks to enter, or has 
entered, with a counterfeit or falsified passport or passport substitute, or if 
there are grounds for suspecting that the alien is again seeking to enter 
Federal territory without permission after being refused entry, or after his 
residence has been terminated.

(4)	The alien must co-operate with the investigative procedures.

Chapter 4 - TERMINATION OF RESIDENCE

1. Grounds for enforced departure

Sec. 42 - Enforced departure

(1)   An alien will be obliged to depart if he does not possess the necessary 
residence permit, or no longer possesses one.

(2)	The obligation to depart becomes enforceable if the alien

1.	has entered without permission,

2.	following the expiry of his residence permit, has not yet applied for its 
extension, or for the issue of a new one, or

3.	has not yet applied for the initial issue of the required residence 
permit, and the statutory period for applying has elapsed.

In other instances the obligation to depart will become enforceable only when 
the refusal of the residence permit, or any other administrative decision 
whereby the alien is obliged to depart in accordance with paragraph 1, becomes 
enforceable.

(3)	When the obligation to leave becomes enforceable, the alien must leave 
Federal territory without delay or, if a time limit for departure has been set, 
before the expiry of the time limit. The time limit for departure ends no later 
than six months after the obligation to depart has become final and 
unappealable. Extensions may be granted in cases of special hardship.

(4)	The alien will only satisfy his obligation to leave by entering another 
Member State of the European Community if he is permitted to enter and reside in 
that State.

(5)	An alien who is under an obligation to leave and who wishes to change his 
dwelling or leave the district of the Aliens Authority for more than three days 
must give prior notice to the Aliens Authority.

(6)	The passport, or passport replacement, of an alien who is under an 
obligation to leave will be taken into safekeeping until he leaves.

Sec. 43 - Revocation of the residence permit

(1)   The residence permit may only be revoked if the alien

1.	no longer possesses a valid passport or passport replacement,

2.	changes or loses his nationality,

3.	has not yet entered the country, or if

4.	his right of asylum, his status as a foreign refugee, or the confirmation 
that the conditions laid down in section 51, para. 1, are present, lapses or 
becomes ineffective.

(2)	In the cases covered by paragraph 1, no. 4, the residence permits of 
family members living with the alien may also be revoked, if they have no 
entitlement to a residence permit.

Sec. 44 - Termination of lawful residence; continuation of restrictions

(1)   Except where the validity of a residence permit has expired or where it 
has been revoked or there is cause for cancelling it, the permit will lapse if 
the alien

1.	is deported

2.	leaves the country for a reason which is inherently other than temporary,

3.	has left the country and has not re-entered within six months, or any 
longer time limit fixed by the Aliens Authority.

A visa issued to cover entry on several occasions, or for a period of more than 
three months, will not lapse in accordance with subparagraphs 2 and 3.

(2)	The residence permit will not lapse pursuant to paragraph 1, no. 3, if the 
time limit is exceeded solely in order to fulfil a national military service 
obligation in the home State, and the alien re-enters the country within three 
months of his discharge from the armed services.

(3)	A longer time limit will normally be set pursuant to paragraph 1, no. 3, 
if the alien wishes to leave for a reason which is inherently other than 
temporary, and is holding a residence licence without limit of time or a 
residence entitlement, or if his stay outside Federal territory serves the 
interests of the Federal Republic of Germany.

(4)	The period of an alien's stay outside Federal territory, up to six months, 
will be included in the periods for which a residence licence must have been 
held for the purpose of obtaining an indefinite extension of the residence 
licence and the grant of a residence entitlement, if he has stayed for more than 
six months outside Federal territory without his residence permit lapsing.

(5)	The exemption from the requirement to hold a residence permit will lapse 
if the alien is deported or expelled. Section 8, para. 2, will apply mutatis 
mutandis. If there is a temporary restriction on the stay, in accordance with 
section 3, para. 5, the exemption lapses on expiry of the time limit.

(6)	Territorial and other limitations and conditions under this and other Acts 
shall remain in force even if the current residence permit or temporary consent 
has lapsed, until they are repealed or the alien has complied with his 
obligation to leave under section 42, paras. 1 to 4.

Sec. 45 - Deportation

(1)   An alien may be deported if his presence adversely affects public security 
and public order, or other key interests of the Federal Republic of Germany.

(2)	In any decision regarding deportation, account must be taken of

1.	the length of lawful residence and the need to protect personal, financial 
and other ties of the alien in Federal territory,

2.	the consequences of deportation for members of the alien's family who are 
lawfully residing in Federal territory and are sharing a family home with him, 
and

3.	the grounds for granting a temporary consent referred to in section 55, 
para. 2.

(3)	An administrative ruling by a Land against the deportation, in all or most 
instances, or aliens or specific categories of aliens where any or all of the 
conditions laid down in paragraph 1 and in section 46 are met, must receive the 
assent of the Federal Minister of the Interior.

Sec. 46 - Specific grounds for deportation

A person may be deported under section 45, para. 1, if, in particular, he

1.	endangers the basic democratic freedoms or the security of the Federal 
Republic of Germany, or participates in acts of violence in pursuit of political 
aims, or publicly espouses or threatens the use of force,

2.	has committed more than one breach of law of a serious nature or has 
infringed judicial or official decisions or orders, or has committed a criminal 
act outside Federal territory which is regarded within the Federal territory as 
an intentional criminal act ,

3.	offends against any law or official enactment concerning prostitution,

4.	uses heroin, cocaine or a similar dangerous drug and is not prepared to 
undergo the treatment necessary for his rehabilitation, or evades it,

5.	endangers public health through his conduct, or is homeless in the long 
term

6.	claims social assistance, or is obliged to claim it, for himself, for 
members of his family residing in Federal territory and whom he has a general 
duty to maintain, or for persons in his household whom he has supported or has 
undertaken to support, or

7.	receives assistance to maintain children outside his own family, or 
assistance for young adults according to Volume 8 of the Code of Social 
Legislation; this does not apply to a minor whose parents or parent with sole 
custody are lawfully resident in Federal territory.

Sec. 47 - Deportation on the ground of special risk

(1)   An alien will be deported if he

1.	has been sentenced by a court to a term of imprisonment of at least five 
years for one or more intentional criminal acts, or

2.	has been sentenced by a court on several occasions to terms of 
imprisonment totalling at least eight years for intentional criminal acts, or 
has recently been ordered to be kept in preventive custody.

(2)	An alien will normally be deported if he

1.	has been sentenced by a court to a term of imprisonment for one or more 
intentional criminal acts, and has not been given a conditional discharge,

2.	contrary to the provisions of the law on intoxicating drugs, cultivates, 
produces, imports, transports, exports, sells or transfers intoxicating drugs to 
another person, or traffics in them in any other manner or deals in them, or if 
he instigates or assists in such acts.

(3)	An alien who enjoys enhanced protection against deportation in accordance 
with section 48, para. 1, will normally be deported in the circumstances 
referred to in paragraph 1.In the circumstances referred to in paragraph 2, the 
decision on deporting him will be discretionary.

Sec. 48 - Special protection against deportation

(1)   An alien who

1.	possesses a residence entitlement,

2.	possesses a residence licence without limit of time, and was born in 
Federal territory or entered it as a minor,

3.	possesses a residence licence without limit of time and lives in a marital 
relationship with an alien in the categories specified in nos. 1 and 2,

4.	shares a family home with a German family member,

5.	has a recognized right of asylum, enjoys the legal status of a foreign 
refugee in Federal territory or holds a travel document issued by an official 
agency in the Federal Republic of Germany in accordance with the Agreement on 
the Legal Status of Refugees, of 28 July 1951 (BGBl. 1953 II, p. 559),

may only be deported for grave reasons of public security and public order.

(2)	A foreign minor whose parents, or parent with sole custody, are lawfully 
resident in Federal territory, will not be deported unless he has been 
judicially sentenced for a series of intentional criminal acts having a degree 
of gravity, for major criminal acts or for one particularly serious criminal 
act. The same applies to a young person who was born or grew up in Federal 
territory and who lives in the same household as his parents.

(3)	An alien who has made a request for asylum which is admissible may only be 
deported on condition that the asylum procedure has been finally concluded 
without his being granted the right of asylum. This provision will be waived if

1.	circumstances exist which justify deportation under paragraph 1, or

2.	the request for asylum has been dismissed as manifestly groundless under 
section 11 of the Asylum Procedure Act.

2. Enforcement of the obligation to leave

Sec. 49 - Expulsion

(1)   An alien who is under an obligation to leave will be expelled if the 
obligation to leave is enforceable and there is no guarantee that it will be 
voluntarily complied with under section 42, paras. 3 and 4, or if a supervised 
departure appears necessary on grounds of public security and public order.

(2)	If the alien is in detention or some other form of public custody under a 
court order, his departure must be supervised. The same will apply if the alien

1.	fails to leave within the time limit set for him,

2.	has been ordered to leave in accordance with section 47,

3.	is without visible means of support,

4.	does not possess a passport,

5.	has attempted to deceive the Aliens Authority by giving false information, 
or has refused to give information, or

6.	has made it known that he does not intend to comply with his obligation to 
leave.

Sec. 50 - Warning of expulsion

(1)   Written warning of expulsion must be given, and a time limit for departure 
must be laid down. The warning must designate the State to which the alien is to 
be expelled, unless the alien possesses the nationality of that State. The 
warning must specify the administrative decision whereby the alien is obliged to 
depart in accordance with section 42, para. 1.

(2)	In cases covered by section 49, para. 2, first sentence, no time limit 
need be set; the alien will be expelled directly from detention or public 
custody. At least one week's notice must be given of expulsion.

Sec. 51 - Prohibition against expelling victims of political persecution

(1)   An alien may not be expelled to a State in which his life or freedom is 
threatened by reason of his race, religion, nationality, membership of a 
particular social group, or his political convictions.

(2)	The conditions laid down in paragraph 1 will be deemed to exist in the 
case of

1.	persons with the right of asylum, and

2.	other aliens who enjoy the status of foreign refugees in Federal 
territory, or are recognized as foreign refugees outside Federal territory 
within the meaning of the Agreement on the Legal Status of Refugees.

In other cases in which the alien is pleading political persecution, the Federal 
Office for the Recognition of Foreign Refugees will determine, in an asylum 
procedure in accordance with the provisions of the Asylum Procedure Act, whether 
the conditions in paragraph 1 are present. The decision of the Federal Office is 
binding upon all agencies responsible for the implementation of this Act. It may 
only be contested in accordance with the provisions of the Asylum Procedure Act.

(3)	An alien in whose case the Federal Office for the Recognition of Foreign 
Refugees has finally determined that the conditions laid down in paragraph 1 are 
present, thereby fulfils the conditions laid down in Article 1 of the Agreement 
on the Legal Status of Refugees, of 28 July 1951.

(4)	Paragraph 1 will not apply if there are grave reasons for regarding the 
alien as a threat to the security of the Federal Republic of Germany, or as a 
danger to the public, because he has been found guilty by a court of an 
especially grave criminal act.

(5)	If the conditions laid down in paragraph 1 are present, there will be no 
waiver of the requirement to give warning of expulsion, to set an appropriate 
time limit and to designate in the warning the States to which the alien may not 
be expelled.

Sec. 52 - Expulsion in cases of possible political persecution

Section 51 will apply, mutatis mutandis, to aliens who have made an admissible 
request for asylum, as long as the request has not been finally rejected or 
dismissed as groundless, or has not been withdrawn.

Sec. 53 - Grounds for refusing to expel

(1)   An alien may not be expelled to a State in which there is actual danger of 
his being subjected to torture.

(2)	An alien may not be expelled to a State in which he is being sought for a 
criminal act and there is a risk of capital punishment. In such cases, the 
provisions on extradition will apply.

(3)	Where another State has made a formal request for extradition, or for 
arrest in connection with notification of a request for extradition, the alien 
may not be expelled to that State until a decision has been made on the 
extradition.

(4)	An alien may not be expelled if the expulsion is inadmissible under the 
Convention on the Protection of Human Rights and Fundamental Freedoms, of 4 
November 1950 (BGBl. 1952 II, p. 686).

(5)	A general risk that an alien may be threatened with criminal prosecution 
and punishment in another State and, unless otherwise determined by paragraphs 1 
to 4, a specific risk of a statutory penalty pursuant to the laws of another 
State, will not constitute a bar to expulsion.

(6)	The expulsion of an alien to another State may be waived if there is 
considerable actual risk to the person, the life or the freedom of the alien in 
that State. Risks in that State to which the population or population group to 
which the alien belongs are in general exposed, will be taken into account when 
decisions are made under section 54.

Sec. 54 - Stay of expulsion

The superior Land authority may, on international legal or humanitarian grounds, 
or to protect political interests of the Federal Republic of Germany, order that 
the expulsion of aliens from particular States, or of any other specific 
categories of aliens, should be stayed generally or as regards particular 
States, for a period of not more than six months. If the expulsion is to be 
stayed for longer than six months, the order must receive the assent of the 
Federal Minister of the Interior.

Sec. 55 - Grounds for remaining temporarily

(1)   The expulsion of an alien may be temporarily stayed only in accordance 
with paragraphs 2 to 4 (temporary consent).

(2)	An alien will be granted temporary consent to remain as long as his 
expulsion is impossible on legal or factual grounds, or has to be stayed 
pursuant to section 53, para. 6, or section 54.

(3)	An alien may be granted a temporary consent to remain as long as he is not 
under a final obligation to leave, or if there are pressing humanitarian or 
personal reasons, or important public interests, requiring his continued 
temporary presence in Federal territory.

(4)	If there is a valid final decision that the expulsion of an alien is 
admissible, temporary consent to remain may only be granted if expulsion is 
impossible on legal or factual grounds, or is to be stayed in accordance with 
section 54.

Sec. 56 - Consent to remain temporarily

(1)   The obligation to leave of an alien allowed to remain temporarily is 
unaffected.

(2)	The consent is subject to a time limit, which may not exceed one year. On 
expiry of the time limit, the consent may be renewed in accordance with section 
55.


(3)	The consent is territorially restricted to the area of the Land concerned. 
Further terms and conditions may be ordered. In particular, the alien may be 
forbidden to take up paid employment, or restricted as to the type of employment 
he may take up.

(4)	The consent expires when the alien leaves the country.

(5)	The consent will be revoked if the objections to expulsion cease to exist.

(6)	The alien will be expelled immediately on expiry of the consent, without a 
further warning or a new time limit, unless the consent is renewed. If the alien 
has been granted a consent of more than one year, three months notice of 
expulsion must be given, unless the other State is no longer willing to admit 
the alien.

Sec. 57 - Detention of expellees

(1)   An alien will, on the order of a court, be taken into custody prior to 
deportation if no immediate decision can be made on deportation, and expulsion 
would be rendered unduly difficult or impossible unless he is taken into custody 
(preparatory detention).The duration of preparatory detention may not exceed six 
weeks. In the event of deportation, no further court order is required for the 
detention to continue until the end of the period ordered.

(2)	An alien who is under an obligation to leave will, to ensure expulsion 
takes place, be taken into custody under a court order (preventive detention) if 
there are grounds for suspecting that he will evade expulsion. Preventive 
detention is not permissible if it is known that, for reasons outside the 
alien's control, expulsion cannot be carried out within the next three months.

(3)	Preventive detention may be ordered for up to six months. In cases in 
which the alien poses obstacles to his expulsion, it may be extended to a 
maximum of twelve months. Any periods of preparatory detention are to be 
included in the total duration of the preventive detention.

Chapter 5 - CROSSING THE FRONTIER

Sec. 58 - Entry without permission; special visa

(1)   An alien will not be permitted to enter Federal territory if he

1.	does not possess the required residence permit

2.	does not possess the required passport, or

3.	is prohibited from entering pursuant to section 8, para. 2, unless he 
holds an entry permit (section 9, para. 3) or has been permitted to enter 
pursuant to a statutory order in accordance with section 9, para. 4.

(2)	The authorities responsible for police checks on cross-border traffic may 
issue a special visa and papers to substitute for a passport, where empowered to 
do so by the Federal Minister of the Interior.

Sec. 59 - Crossing the frontier

(1)   Except where exemptions are admitted on the basis of other legal 
provisions or inter-State agreements, entry to and exit from Federal territory 
will only be permitted at the authorized frontier crossing points and within the 
hours fixed for such traffic. Aliens must carry a valid passport or passport 
substitute on entry and exit, must produce it in order to identify themselves, 
and must co-operate with police checks on cross-border traffic.

(2)	An alien has only entered through an authorized frontier crossing point 
when he has crossed the frontier and passed through the frontier crossing point. 
Otherwise an alien has entered once he has crossed the frontier.

Sec. 60 - Refusal of entry

(1)   An alien who seeks to enter without permission will be sent back at the 
frontier.

(2)	An alien may be sent back at the frontier if

1.	there are grounds for deportation,

2.	there are grounds for suspecting that his stay is not for the purpose 
stated.

(3)	An alien who is exempt from the requirement to hold a residence permit 
while temporarily staying in Federal territory may be sent back under the same 
conditions as those which apply to the refusal of a residence permit.

(4)	If sent back at the frontier, an alien will be sent to the State from 
which he is attempting to enter. He may also be sent back to the State in which 
he began his journey, in which he is ordinarily resident, whose nationality he 
possesses or which issued the passport, or to any other State which he is 
allowed to enter.

(5)	Section 51, paras. 1, 2 and 4, Section 52, Section 53, paras. 1, 2 and 4, 
and Section 57 will apply mutatis mutandis.

Sec. 61 - Enforced removal

(1)   An alien who has entered without permission will be forcibly removed 
within six months of crossing the frontier. If another State is obliged, on the 
basis of an inter-State agreement, to take back the alien, forcible removal will 
be admissible as long as this obligation exists.

(2)	An alien under an obligation to leave who is forcibly removed by another 
State will, without delay, be expelled to a State which he is permitted to 
enter, unless the obligation to leave has yet to become enforceable.

(3)	Section 51, paras. 1, 2 and 4, section 52, section 53, paras. 1 to 4, and 
section 57 and section 60, para. 4, will apply mutatis mutandis.

Sec. 62 - Departure

(1)   Aliens may depart freely from Federal territory.

(2)	An alien may be forbidden to leave pursuant to Section 10, paras. 1 and 2 
of the Passport Act of 19 April 1986 (BGBl. I p. 537). Otherwise an alien may 
only be prevented from leaving Federal territory if he is seeking to enter 
another State without being in possession of the documents and permits needed to 
do so.

(3)	The prohibition against departure must be repealed as soon as the reason 
for making it ceases to exist.

Chapter 6 - PROCEDURAL REQUIREMENTS

Sec.63 - Competence

(1)   The Aliens Authorities are competent in respect of residence and passport 
rules and decisions pursuant to this Act and to provisions of the law on aliens 
in other statutes. The nationalization authorities have competence for 
naturalization.

(2)	The Federal Minister of the Interior may issue a general administrative 
ruling, with the consent of the Bundesrat, to determine which Aliens Authority 
is competent in cases where

1.	the alien is not resident in Federal territory,

2.	the Aliens Authorities of several Länder possess competence under Land 
law, or each Aliens Authority is able to deny competence by reference to the 
competence of an Aliens Authority in another Land.

(3)	Responsibility for passport and visa questions abroad lies with the 
foreign missions to which it is entrusted by the Foreign Office.

(4)	The authorities responsible for police checks on cross-border traffic have 
competence for

1.	deportations and expulsions across the frontier, deciding whether to admit 
aliens from other States or to send them back and, to the extent necessary to 
secure compliance with these measures, for arrests and for seeking detention 
orders,

2.	granting a visa and issuing a passport substitute in accordance with 
section 58, para. 2, and for the implementation of section 74, para. 2, second 
sentence,

3.	revoking a visa in the event of the holder being sent back or re-expelled, 
at the request of the foreign mission which issued the visa, or at the request 
of the Aliens Authority which consented to the issue of the visa, insofar as its 
consent was necessary for that purpose,

4.	preventing departure and taking other measures at the frontier pursuant to 
section 82, para. 5,

5.	checking at the frontier whether transport undertakings and other third 
parties have observed the requirements of this Act and the regulations and 
orders issued pursuant to it, and

6.	any other measures and decisions under the law on aliens, where these are 
found necessary at the frontier and are authorized by the Federal Minister of 
the Interior for this purpose, either generally or in individual cases.

(5)	Responsibility for the investigative measures under section 41, paras. 2 
and 3 lies with the Aliens Authorities, the authorities responsible for police 
checks on cross-border traffic and, where necessary for the performance of their 
duties under paragraph 6, the Land police forces.

(6)	The Land police forces are also responsible for refusing entry, making 
arrests and enforcing the obligation to leave pursuant to section 36, and for 
carrying out expulsions.

Sec. 64 - Obligation to consult

(1)   An entry permit (section 9, para. 3) may only be issued with the consent 
of the Aliens Authority responsible for the intended place of residence. The 
Aliens Authority which has deported or expelled the foreigner will normally be 
consulted.

(2)	Territorial restrictions, terms and conditions, and fixed time limits 
under section 8, para. 2, second sentence, orders made pursuant to section 37, 
and other measures directed against an alien who is not in possession of the 
required residence permit, may only be altered or rescinded by another Aliens 
Authority by agreement with the Aliens Authority which ordered the measures. 
This provision will not apply if the alien is resident in the district of the 
other Aliens Authority on the basis of an assignment order under section 22 of 
the Asylum Procedure Act.

(3)	An alien who is the subject of a public prosecution or a judicial inquiry 
may only be deported and expelled by agreement with the appropriate public 
prosecutor's office.

(4)	In order to secure the participation of other relevant authorities, the 
Federal Minister of the Interior may, by way of a statutory instrument issued 
with the consent of the Bundesrat, determine in which circumstances the issue of 
a visa will require the consent of the Aliens Authority.

Sec. 65 - Federal functions; authority to issue instructions

(1)   A visa may be issued for the purpose of protecting political interests of 
the Federal Government, subject to the condition that the extension of the visa 
and the issue of a residence permit or consent for a temporary stay after the 
expiry of the visa, and the cancellation and alteration of any conditions and 
other restrictions to which the visa is subject may only be made in consultation 
or agreement with the Federal Minister of the Interior or an agency designated 
by him; the grant of consent for a temporary stay does not require consultation, 
if expulsion is impossible on either legal or factual grounds.

(2)	The Federal Minister of the Interior may issue specific instructions for 
the implementation of this Act and of the statutory instruments enacted on the 
basis of this Act, if

1.	the security of the Federal Republic of Germany, or other key interests of 
the Federal Republic of Germany, require it,

2.	legal measures in respect of aliens adopted by one Land will adversely 
affect key interests of another Land,

3.	an Aliens Authority wishes to deport an alien in the category of persons 
exempted by consular and diplomatic missions from the requirement to hold a 
residence permit.

(3)	The implementation of specific instructions in the Land of Berlin requires 
the consent of the Senate of Berlin.

Sec. 66 - The written format; exemption from formal requirements

(1)   An administrative decision by which a passport substitute, a replacement 
identity document or a residence permit are refused, subjected to territorial or 
temporal restrictions or to other special terms and conditions, as well as a 
deportation order, consent for a temporary stay and restrictions to such a 
consent must be made in writing. The same applies to restrictions on residence 
pursuant to section 3, para. 5, orders made pursuant to section 37 and the 
revocation of administrative decisions under this Act.

(2)	Where a visa or a passport substitute is refused before entry, or 
restrictions are imposed on them, no reasons or instructions on right of appeal 
need be given; a refusal at the frontier likewise need not be given in writing.

Sec. 67 - Decisions on residence

(1)   Decisions on the residence of aliens are made on the basis of facts and 
circumstances accessible in Federal territory. The Aliens Authority decides, on 
the basis of facts available to it which are accessible in Federal territory, 
whether the obstacles to deportation referred to in section 53 exist and, where 
individual cases call for it, on the basis of the facts available to Federal 
authorities outside Federal territory.

(2)	If proceedings are instituted for a suspected criminal act or 
contravention against an alien who has applied for the issue or extension of a 
residence permit, the decision on the residence permit will be deferred until 
the conclusion of the proceedings, and if judgment is handed down against the 
alien, until the judgment becomes final, unless a decision can be made on the 
residence permit without having regard to the outcome of the proceedings.

Sec. 68 - Minors: capacity to contract

(1)   The capacity to contract under this Act shall extend to an alien who has 
reached his 16th year and is neither deprived of legal capacity under the 
provisions of the Civil Code, nor would be subject to a restriction of his legal 
capacity on grounds other than his minority.

(2)	A minor's lack of legal capacity shall not be a bar to his deportation or 
expulsion. The same applies to warnings of expulsion, and actual expulsion, to 
the State of origin, if his legal representative is not resident in Federal 
territory or his place of residence in Federal territory is unknown.

(3)	For the purposes of this Act, whether an alien is to be regarded as a 
minor or an adult will be determined in accordance with the provisions of the 
Civil Code. The legal capacity and capacity to contract of an alien who has 
reached his majority according to the law of his home State shall be unaffected.

(4)	The legal representatives of an alien who has not yet reached his 16th 
year, and other persons assuming the care of the alien in Federal territory in 
place of the legal representatives, are bound to make on the alien's behalf the 
necessary applications for the issue and extension of the residence permit and 
for the issue and extension of the passport, the passport substitute and the 
substitute identity document.

Sec. 69 - Applying for residence permits

(1)   A residence permit which can be obtained after entry, in accordance with 
the statutory instrument pursuant to section 3, para. 3, second sentence, must 
be applied for immediately after entry or within the time limit laid down in the 
statutory instrument. An application for a child born in Federal territory who 
is not automatically entitled to a residence permit must be made within six 
months of birth.

(2)	If an alien applies after entry for the issue of a residence permit or the 
extension of a visa issued without the consent of the Aliens Authority, his 
stay, restricted to the district of the Aliens Authority, shall be deemed lawful 
following the expiry of the period in which he is exempt from the requirement to 
hold a residence permit or following the expiry of his visa, until the Aliens 
Authority has made a decision on his application. The application shall not have 
this effect if the alien

1.	has entered without permission,

2.	was deported, or is under an obligation to leave on the basis of another 
administrative decision, and has not yet left, or

3.	makes a new application following the refusal of his application and 
before his departure.

(3)	If an application for the issue or extension of a residence permit is made 
by an alien who

1.	has entered with a visa issued with the consent of the Aliens Authority, 
or

2.	has been lawfully resident in Federal territory for more than six months,

his stay shall be deemed lawful until the decision of the Aliens Authority is 
made. In the cases covered by paragraph 1, the alien's stay shall be deemed 
lawful until the expiry of the time limit for making an application and after 
the application has been made until the decision of the Aliens Authority. 
Paragraph 2, first sentence, nos. 2 and 3, shall apply mutatis mutandis.

Sec. 70 - Co-operation by the alien

(1)   It is the responsibility of the alien to indicate his requirements without 
delay and also to indicate any circumstances in his favour, insofar as they are 
not apparent or already known, furnishing such information as can be verified, 
and to adduce the necessary evidence concerning his personal circumstances, 
together with any certificates and permits required and any other necessary 
documentation available to him. The Aliens Authority may set him an appropriate 
time limit for the purpose. Any circumstances and evidence which is adduced 
after the expiry of the time limit may be disregarded. The alien must be made 
aware of his obligations as defined above. If a time limit is set, he must be 
alerted to the consequences of failing to meet it.

(2)	Paragraph 1 shall apply, mutatis mutandis, in any court proceedings.

(3)	When a warning of expulsion has become final, the Aliens Authority, in 
making any further decision on expulsion or a stay of expulsion will not take 
account of circumstances constituting a bar to expulsion to the State designated 
in the expulsion warning, and which occurred before the expulsion warning became 
final. Other circumstances relied upon by the alien which constitute a bar to 
expulsion, or expulsion to that State, may be disregarded. The provisions 
whereby the alien may rely in court proceedings on the circumstances referred to 
above, either in an appeal or a procedure for interim judicial protection in 
accordance with the Rules of the Administrative Courts, are unaffected.

(4)	Where necessary for the preparation and execution of measures under this 
Act and under provisions of the law on aliens in other statutes, the lien may be 
ordered to appear in person.

Sec. 71 - Restrictions of the right of appeal

(1)   The refusal of a visa and a passport substitute at the frontier cannot be 
contested. The alien concerned will be referred to the possibility of making an 
application to the appropriate foreign mission.

(2)	The only ground for appealing, prior to the alien's departure, against the 
refusal of a residence permit pursuant to sections 8 and 13, para. 2, first 
sentence, is that the stated reason for refusal does not exist. In the cases 
referred to in section 8, para. 1, nos. 1 and 2, and section 13, para. 2, first 
sentence, it is assumed that the alien was bound to hold a visa from the moment 
of entering the country, and that consent had to be obtained before the visa 
could be issued.

(3)	No appeal can be made against the refusal to grant consent to remain 
temporarily.

Sec. 72 - Effects of appeals and counter-claims

(1)   Appeals and counter-claims against the rejection of an application for the 
issue or extension of a residence permit have no suspensive effect.

(2)	Appeals and counter-claims, notwithstanding their suspensive effects, 
shall not affect the legal force of a deportation order or of any other 
administrative decision which terminates a lawful period of residence. The 
lawfulness of the residence is not interrupted if the administrative decision is 
rescinded by a decision of a public authority or a final decision by a court.

Sec. 73 - The duty of transport agents to provide return transport

(1)   If an alien who wishes to enter by air, sea or land transport is refused 
entry, the transport agent must immediately remove him from the country.

(2)	The obligation under paragraph 1 will continue for three years in respect 
of aliens who are transported into Federal territory without the passport or 
visa which they require on the ground of their nationality, and who are not 
refused entry because they allege political persecution or rely on the 
circumstances referred to in section 53, paras. 1 or 4; the obligation ceases if 
the alien is issued with a residence permit under this Act.

(3)	The transport agent must, on request by the authorities responsible for 
police checks on cross-border traffic, bring the foreigner to the State of 
origin or to the State which has issued the passport or from which he has 
travelled.

Sec. 74 - Other obligations of transport agents

(1)   A transport agent may only bring aliens into Federal territory by air or 
sea transport if they are in possession of the passport and visa which are 
required by reason of their nationality. The Federal Minister of the Interior or 
an agency appointed by him may, by agreement with the Federal Minister for 
Transport, forbid a transport agent to bring aliens into Federal territory by 
other means if they are not in possession of the passport and visa required by 
reason of their nationality.

(2)	The Federal Minister of the Interior, or an agency appointed by him may, 
by agreement with the Federal Minister of Transport, require a transport agent

1.	not to bring aliens into Federal territory contrary to paragraph 1, first 
sentence, and

2.	to take heed that, in the event of any transgression of this order or of 
the transport prohibition in paragraph 1, second sentence, a fine will be 
payable in accordance with the second sentence.

For every alien whom he brings in contrary to an order made in accordance with 
the first sentence, no. 1, or paragraph 1, second sentence, a transport agent 
will be liable to a fine of not less than five hundred German marks and not 
exceeding five thousand German marks; in the case of transport by air or by sea, 
the fine will not be less than two thousand German marks.

(3)	Orders in accordance with paragraph 1, second sentence, and paragraph 2, 
first sentence, will only be made if the transport agent, despite prior warning, 
has brought in aliens without the passport or visa required, or if there are 
grounds for suspecting that such aliens will be brought in. Appeals and counter-
claims against such orders will not have suspensive effect.

Sec. 75 - Collection of personal data

(1)   The authorities responsible for implementing this Act may collect personal 
data for the purpose of implementing the Act and other provisions of the law on 
aliens, where this is necessary for the performance of their obligations under 
this Act and under the provisions of the law on aliens found in other statutes.

(2)	The data are to be collected from the person concerned. They may also be 
collected, without the participation of the person concerned, from other public 
agencies, foreign authorities and private agencies, if

1.	there is a provision or requirement to that effect in this Act or in other 
legal provisions,

2.	it is in the interest of the person concerned and it can be assumed that 
he gave his consent in knowledge of the purpose for which the data would be 
used,

3.	the co-operation of the person concerned is not sufficient, or obtaining 
it would involve unreasonable expenditure,

4.	the nature of the task to be performed requires the collection of data 
from other persons or agencies,

5.	it is necessary in order to check the information supplied by the person 
concerned.

Data may only be collected in accordance with subparagraph 2, nos. 3 or 4, if 
there is no likelihood of an adverse impact on those key interests of the 
individual which require protection.

(3)	If personal data are collected from the individual concerned on the basis 
of a legal requirement for information to be supplied, the individual must be 
made aware of this legal requirement. If personal data are collected from a 
private agency, this agency must be made aware of the legal requirement for the 
collection of the data, or otherwise that the provision of the information is 
voluntary.

Sec. 76 - Transmission to Aliens Authorities

(1)   Public agencies must, on request, communicate facts which have become 
known to them (section 75, para. 1) to the authorities responsible for 
implementing this Act.

(2)	Public agencies must immediately inform the competent Aliens Authority if 
they become aware of

1.	the presence of an alien who possesses neither the required residence 
permit, nor a temporary consent

2.	any breach of a territorial restriction, or

3.	any other ground for deportation.
In the cases referred to in subparagraphs 1 and 2, and in the event of acts 
which are punishable under this Act, the competent police authority may be 
informed instead of the Aliens Authority, where one of the measures designated 
in section 63, para. 6 is concerned; the police authority must inform the Aliens 
Authority without delay.

(3)	The Federal Government official responsible for the integration of foreign 
workers and their families is only obliged to give information about an alien in 
this category of persons to the extent that the performance of his own duties 
will not be impeded. Land Governments may determine, through a statutory 
instrument, that the Land official responsible for aliens and the municipal 
officials responsible for aliens are only obliged to give information, pursuant 
to subparagraphs 1 and 2, about an alien who is lawfully resident in the Land or 
the municipality, or has lawfully resided there until the adoption of an 
administrative decision which terminates the lawful residence, where required to 
do so by subparagraph 1.

(4)	The agencies responsible for introducing and levying fines and penalties 
must, without delay, inform the competent Aliens Authority of the institution of 
proceedings to levy such fines and penalties, and of the completion of 
procedural requirements for that purpose at the public prosecutor's office, with 
the court or with the administrative authority responsible for the prosecution 
and punishment of administrative offences, indicating the statutory basis for 
such action. This shall also apply to proceedings in respect of an offence for 
which the maximum fine is one thousand German marks.

(5)	The Federal Minister of the Interior shall determine, through a statutory 
instrument issued with the consent of the Bundesrat, that the

1.	registration authorities

2.	nationality authorities

3.	passport and identity card authorities

4.	social and youth agencies

5.	justice, police and public order authorities,

6.	employment agencies,

7.	finance and customs agencies and

8.	business authorities

must supply personal data concerning aliens, official acts and other measures in 
respect of aliens and other information concerning aliens to the Aliens 
Authorities without being requested to do so, to the extent that such 
information is necessary for the performance of the obligations of the Aliens 
Authorities under this Act and under provisions of the law on aliens in other 
statutes. The statutory instrument will prescribe the nature and quantity of the 
data, and which measures adopted and which other information which is to be 
transmitted.

Sec. 77 - Transmission in the event of specific statutory rules on the use of 
data

(1)   Personal data and other information under section 76 may not be 
transmitted here specific statutory rules exist to the contrary.

(2)	Personal data which have been made accessible to a public agency by a 
doctor or by other persons named in section 203, para. 1 no. 1, 2, 4 to 6 and 
para. 3 of the Criminal Code, may be transmitted by that agency,

1.	if the alien poses a danger to public health and special measures to 
prevent the risk are not possible, or are not observed by the alien, or

2.	to the extent that the data are needed in order to determine whether the 
conditions laid down in section 46, no. 4 are fulfilled.

(3)	Personal data which are covered by tax secrecy under section 30 of the Tax 
Regulations may be communicated if the alien has committed a breach of tax law, 
including customs and monopoly law, or of the law on foreign trade, or has 
breached prohibitions or restrictions concerning imports, exports, transit or 
transfer trade, and criminal proceedings have been instituted against him for 
such an offence, or if a fine has been imposed of at least one thousand German 
marks. In the cases referred to above, the authorities responsible for police 
checks on cross-border traffic may also be informed if an exit ban is to be 
imposed in accordance with section 62, para. 2, first sentence.

(4)	Paragraphs 1 to 3 will apply, mutatis mutandis, to communication by the 
authorities responsible for the implementation of this Act, and by private 
agencies.

Sec. 78 - Investigation procedures


(1)   The Federal Criminal Office will render official assistance in assessing 
documents obtained in accordance with section 41, paras. 2 and 3.

(2)	Documents obtained in accordance with section 41, paras. 2 and 3, will be 
preserved by the Federal Criminal Office separately from other documents subject 
to investigation.

(3)	Use of the documents obtained under section 41, paras. 2 and 3 is also 
permissible for the purpose of establishing identity or appraising evidence in 
the context of a criminal prosecution and police protective procedures. They may 
be surrendered to the authorities competent in these matters as and when 
necessary.

(4)	The documents obtained under section 41, paragraphs 2 and 3, must be 
destroyed by all authorities holding them, if

1.	the alien has been issued with a valid passport or passport substitute, 
and a residence permit has been issued by the Aliens Authority, or

2.	ten years have elapsed since the last departure of the alien and his last 
attempted entry without permission.

This will not apply insofar as the documents are needed in the context of 
criminal proceedings, or for the prevention of a risk to public security and 
public order. A record must be made when documents are destroyed.

Sec. 79 - Transmission via Aliens Authorities

(1)   Where evidence exists, in an individual case, of

1.	aliens being employed or holding a paid occupation without the necessary 
work permits,

2.	breaches of the obligation to co-operate with an office of the Federal 
Labour Office in accordance with section 60, para. 1, no. 2 of volume I of the 
Code of Social Legislation,

3.	the offences designated in section 233b, para. 2 (1), nos. 1 to 4 of the 
Employment Promotion Act,

the authorities responsible for implementing this Act must inform the 
authorities responsible for prosecuting and punishing these offences in 
accordance with subparagraphs 1 to 3.

(3)	In the prosecution and punishment of offences against this Act, the 
authorities responsible for implementing this Act shall collaborate, in 
particular, with the Federal Labour Office and with the authorities named in 
section 233b, para. 1, nos. 1, 2 and 4 to 6 of the Employment Promotion Act.

Sec. 80 - Storage and deletion of personal data

(1)   The Federal Minister of the Interior may determine by way of a statutory 
instrument, with the consent of the Bundesrat, that

1.	every Aliens Authority must keep a data-bank concerning aliens who are 
resident or were formerly resident in its district, have made an application to 
it or have notified their entry and stay, and in respect of whom they have 
adopted any measure or made any decision pursuant to the law on aliens.

2.	foreign missions must keep data records of visas issued, and

3.	the authorities responsible for implementing this Act must keep any other 
data-bank required for the performance of their obligations.

The only data which may be registered pursuant to paragraph 1, nos. 1 and 2 are 
personal details, including the alien's nationality and address, details of his 
passport, details of measures taken under the law on aliens and his inclusion in 
the central register of aliens, and of earlier addresses of the alien, the 
competent Aliens Authority Agency and the surrender of files to another Aliens 
Authority.

(2)	Documents concerning deportation and expulsion must be destroyed ten years 
after the expiry of the time limit set in section 8, para. 2 (2). They must be 
destroyed earlier if they contain information which, under other statutory 
requirements, may no longer be used against the alien.

(3)	Communications under section 76, para. 1, which are not relevant for a 
future decision under the law on aliens, and cannot be relevant to a later 
decision under that law, must be destroyed forthwith.

Sec. 81 - Costs

(1)   Costs (fees and disbursements) are charged for official acts done under 
this Act and under the statutory instruments enacted in implementation of this 
Act.

(2)	The Federal Government shall determine by way of statutory instrument, 
with the consent of the Bundesrat, in which circumstances fees are payable and 
the amount of such fees, as well as exemptions and reductions, especially in 
case of need. Except where otherwise provided by this Act, the Act on 
Administrative Costs will apply.

(3)	The fees fixed in the statutory instrument may not exceed the following 
maximum amounts:

1.	for the issue of a residence permit with a time limit: 150 German marks.

2.	for the issue of a residence voucher and a residence authorization: 100 
German marks.

3.	for the issue of a residence licence without limit of time, and of a 
residence entitlement: 250 German marks.

4.	for the extension, with a further time limit, of a residence permit, a 
residence voucher and a residence authorization: half the fees charged for their 
initial issue,

5.	for the issue of a visa and of a temporary consent, and the delivery of a 
passport substitute and a replacement identity document: 50 German marks.

6.	for other official acts: 50 German marks.

7.	for official acts on behalf of minors: half the fee normally charged.

(4)	In order to compensate for differences in purchasing power, fee 
supplements may be fixed for official acts done abroad. A supplement not 
exceeding 25 German marks may be charged for the issue of a visa and a passport 
substitute at the frontier. A supplement not exceeding 50 German marks may be 
charged for an official act carried out outside working hours at the request of 
the applicant. Fee supplements may also be charged for official acts in respect 
of a national whose home State charges Germans higher fees for the same official 
acts than the amounts specified in paragraph 2. In fixing fee supplements, the 
maximum amounts set in paragraph 3 may not be exceeded.

(5)	The statutory instrument issued pursuant to paragraph 2 may provide for a 
processing fee where official acts are requested which are subject to a charge. 
The processing fee may not exceed half the fee charged for the official act. 
This fee will be included in the fee for the official act. It will not be 
refunded even where the application is withdrawn and the performance of the 
official act is refused.

(6)	The statutory instrument pursuant to paragraph 2 may provide for charges 
to be levied if an appeal is lodged; such charges may not exceed

1.	for an appeal against the rejection of an application for an official act 
subject to a fee: half the fee charged for the act in question,

2.	for an appeal against any other official act: 100 German marks.

If the appeal is upheld, the fee will be included in the fee for the official 
act and will be refunded.

Sec. 82 - Liability for costs; security deposit

(1)   The alien is liable for costs arising from expulsion, deportation or 
refusal of entry.

(2)	Any person who has given an undertaking to the Aliens Authority or the 
foreign mission to bear the outward travel costs of the alien, is jointly liable 
with him for the costs specified in paragraph 1.

(3)	In the cases covered by section 73, paras. 1 and 2, the transport agent is 
jointly liable with the alien for the costs of the alien's return transport and 
for costs incurred from the alien's arrival at the frontier crossing point until 
police checks on cross-border traffic are completed. A transport agent who 
wilfully contravenes an order under section 74, para. 1 (2), or para. 2, 
subparagraph 1 (1), is jointly liable with the alien for any other costs 
arising, in the cases covered by section 73, para. 1, from deportation, and in 
the cases covered by section 73, para. 2, from expulsion.

(4)	Any person who employs the alien is liable to bear the costs of expulsion 
or deportation, if the alien was not permitted to exercise a paid occupation 
under the provisions of this Act or of the Employment Promotion Act. Liability 
will likewise be borne by any person who commits a criminal act under section 
92, para. 2.The alien will be liable for these costs only insofar as they cannot 
be recovered from the other liable party.

(5)	A security deposit may be required from the liable party. An order for the 
payment of a security deposit may be enforced by the authority which made it 
without a prior order for execution and without fixing a time limit, if the 
recovery of costs would otherwise be endangered. In order to guarantee the 
payment of outward travel, return flight tickets and other travel documents in 
the possession of an alien who is to be deported or expelled or refused entry, 
or who is allowed to enter and stay only for the purpose of requesting asylum, 
may be seized.

Sec. 83 - Extent of liability for costs; limitation by lapse of time

(1)   The costs of expulsion, refusal of entry and deportation comprise

1.	the transport and other travel costs for the alien within Federal 
territory and to his destination outside Federal territory,

2.	administrative costs incurred in the preparation and implementation of the 
order, including the costs of detention prior to expulsion and the costs of 
transfer, as well as the cost of accommodation, food and subsistence for the 
alien, and

3.	all costs incurred as a result of providing an official escort for the 
alien, including staff costs.

(2)	The costs for which the transport agent is liable under section 82, para. 
3, first sentence, comprise

1.	the costs referred to in paragraph 1 (1),

2.	the administrative costs and disbursements incurred for the accommodation, 
food and subsistence of the alien until police checks of cross border traffic 
are complete, and

3.	the costs referred to in paragraph 1, no. 3, insofar as the transport 
agent does not provide the required escort for the alien.

(3)	The limitation by lapse of time of claims under sections 81 and 82 is 
interrupted for as long as the liable party is not resident in Federal 
territory, or his whereabouts in Federal territory cannot be ascertained because 
he has failed to comply with a statutory duty to register or report.

Sec. 84 - Liability for maintenance

(1)   Any person who has given an undertaking to the Aliens Authority or to a 
foreign mission, to bear the cost of maintaining an alien, must reimburse all 
public expenditure incurred for the alien's subsistence, including housing, 
medical care and attendance allowances, insofar as such expenditure is based on 
a statutory entitlement of the alien. Expenditure based on contributions does 
not require reimbursement.

(2)	The obligation in paragraph 1, first sentence, must be laid down in 
writing. It is enforceable in accordance with the provisions of the Act on 
Enforcement of Administrative Rules. The claim for reimbursement lies with the 
official agency which incurred the public expenditure.

(3)	The foreign mission will inform the Aliens Authority without delay of any 
obligation under paragraph 1, first sentence.

(4)	The Aliens Authority will, on request, inform the public agency with a 
claim to reimbursement of the obligation under paragraph 1, first sentence, or 
without being requested to do so if it becomes aware of the expenditure of 
public resources to be reimbursed under paragraph 1, and will furnish it with 
all the information required for it to make and carry out the claim for 
reimbursement. The recipient may only use the data for the purpose of refunding 
the public resources disbursed on the alien's behalf, and for the purpose of 
refusing further expenditure.

Chapter 7 - SIMPLIFIED NATURALIZATION PROCEDURE

Sec. 85 ß [new text in force 1.1.2000; translation not yet available:]

Einbürgerungsanspruch für Aujsländer mit längerem Aufenthalt; Miteinbürgerung 
ausländischer Ehegatten und minderjähriger Kinder. (1) Ausländer, der seit acht 
Jahren rechtmäßig seinen gewöhnlichen Aufenthalt im Inland hat, ist auf Antrag 
einzubürgern, wenn er

1. sich zur freiheitlichen demokratischen Grundordnung des Grungdesetzes für die 
Bundesrepublik Deutschland bekennt und erklärt, daß er keine Bestrebungen 
verfolgt oder unterstützt oder verfolgt oder unterstützt hat, die gegen die 
freiheitliche demokratische Grundordnung, den Bestand oder die Sicherheit des 
Bundes oder eines Landes gerichtet sind oder eine ungesetzliche Beeinträchtigung 
der Amtsführung der Verfassungsorgane des Bundes oder eines Landes oder ihrer 
Mitglieder zum Ziele haben oder die durch Anwendung von Gewalt oder darauf 
gerichtete Vorbereitungshandlungen auswärtige Belange der Bundesrepublik 
Deutschland gefährden, oder glaubhaft macht, daß er sich von der früheren 
Verfolgung oder Unterstützung derartiger Bestrebungen abgewandt hat,

2. eine Aufenthaltserlaubnis oder eine Aufenthaltsberechtigung besitzt,

3. den Lebensunterhalt für sich und seine unterhaltsberichtigten 
Familienangehörigen ohne Inanspruchnahme von Sozial- oder Arbeitslosenhilfre 
bestreiten kann,

4. seine bisherige Staatsangehörigkeit aufgibt oder verliert und

5. nicht wegen einer Straftat verurteilt worden ist.

Von der in Satz 1 Nr 3 bezeichneten Voraussetzung wird abgesehen, wenn der 
Ausländer aus einem von ihm nicht zu vertretenden Grunde den Lebensunterhalt 
nicht ohne Inanspruchnahme von Sozial- oder Arbeitslosenhilfre bestreiten kann.

(2) Der Ehegatte und die minderjährigen Kinder des Ausländers können nach 
Maßgabe des Absatzes 1 mit eingebürgert werden, auch wenn sie sich noch nicht 
seit acht Jahren rechtmäßig im Inland aufhalten. Absatz 1 Satz 1 Nr 1 findet 
keine Anwendung, wenn ein minderjähriges Kind im Zeitpunkt der Einbürgerung das 
16. Lebensjahr noch nicht vollendet hat.

(3) Bei einem Ausländer, der das 23. Lebensjahr noch nicht vollendet hat, ist 
Absatz 1 Satz 1 Nr 3 nicht anzuwenden.

Sec. 86 [new text in force 1.1.2000; translation not yet available:]

Ausschlußgründe. Ein Anspruch auf Einbürgerung nach § 85 besteht nicht, wenn

1. der Einbürgerungsbewerber nicht über aussreichende Kenntnisse der deutschen 
Sprache verfügt,

2. tatsächliche Anhaltspunkte die Annahme rechtfertigen, daß der 
Einbürgerungsbewerber Bestrebungen verfolgt oder unterstützt oder verfolgt oder 
unterstützt hat, die gegen die freiheitliche demokratische Grundordnung, den 
Bestand oder die Sicherheit des Bundes oder eines Landes gerichtet sind oder 
eine ungesetzliche Beeinträchtigung der Amtsführung der Verfassungsorgane des 
Bundes oder eines Landes oder ihrer Mitglieder zum Ziele haben oder die durch 
Anwendung von Gewalt oder darauf gerichtete Vorbereitungshandlungen auswärtige 
Belange der Bundesrepublik Deutschland gefährden, es sei denn, der 
Einbürgerungsbewerber macht glaubhaft, da er sich von der fährden, es sei denn, 
der Einbürgerungsbewerber macht glaubhaft, daß er sich von der früheren 
Verfolgung oder Unterstützung derartiger Bestrebungen abgewandt hat, oder

3. ein Ausweisungsgrund nach § 46 Nr 1 vorliegt. 

Sec. 87 [new text in force 1.1.2000; translation not yet available:]

Einbürgerung unter Hinnahme von Mehrstaatigkeit. (1) Von der Voraussetzung des § 
85 As. 1 Satz 1 Nr 4 wird abesehen, wenn der Ausländer seine bisherige 
Staatsangehörigkeit nicht oder nur unter besonders schwierigen Bedingungen 
aufgeben kann. Das ist anzunehmen, wenn

1. das Recht des ausländischen Staates das Ausscheiden aus dessen 
Staatsangehörigkeit nicht vorsieht

2. der ausländische Staat die Entlassung regelmäßig verweigert und der Ausländer 
der zuständigen Behörde einen Entlassungsantrag zur Weiterleitung an den 
ausländischen Staat übergeben hat,

3. der ausländische Staat die Entlassung aus der Staatsangehörigkeit aus Gründen 
versagt hat, die der Ausländer nicht zu vertreten hat, oder von unzumutbaren 
Bedingungen abhängig macht oder über den vollständigen und formgerechten 
Entlassungsantrag nicht in ausgemessener Zeit entschieden hat,

4. der Einbürgerung älterer personen asschließlich das Hindernis eintretender 
Mehrstaatigkeit entgegensteht, die Entlassung auf unverhältnismßïge 
Schwierigkeiten stößt und die Versagung der Einbürgerung eine besondere Härte 
darstellen würde,

5. dem Ausländer bei Aufgabe der ausländischen Staatsangehörigkeit erhebliche 
Nachteile insbesondere wirtschaftlicher oder vermögensrechtlicher Art entstehen 
würden, über den Verlust der staatsbürgerlichen Rechte hinausgehen, oder

6. der Ausländer politisch Verfolgter im Sinne von § 51 ist oder wie ein 
Flüchtling nach dem Gesetz über Maßnahmen für im Rahmen humanitärer 
Hilfsaktionen aufgenommene Flüchtlinge behandelt wird.

(2) Von der Voraussetzung des § 85 Abs. 1 Satz 1 Nr. 4 wird ferner abgesehen, 
wenn der Ausländer die Staatsnagehörigkeit eines anderen Mitgliedstaates der 
Europäischen Union bestizt und Gegenseitigkeit besteht.

(3) Von der Voraussetzung des § 85 Abs. 1 Satz 1 Nr. 4 kann abgesehen werden, 
wenn der ausländische Staat die Entlassung aus der bisherigen 
Staatsangehörigkeit von der Leistung des Wehrdienstes abhängig macht und der 
Ausländer den überwiegenden Teil seiner Schulausbildung in deutschen Schulen 
erhalten hat und im Bundesgebiet in deutsche Lebensvberhältnisse und in das 
wehrpflichtige Alter hineingewachsen ist.

(4) Weitere Ausnahmen vob der Voraussetzung des § 85 Abs. 1 Satz 1 Nr. 4 können 
nach Magabe völkerrechtlicher Verträge vorgesehen werden.

(5) Erfordert die Entlassung aus der ausländischen Staatsangehörigkeit die 
Voljährigkeit des Ausländers und liegen die Voraussetzungen der Absätze 1 bis 4 
im übringen nicht vor, so erhält ein Ausländer, der nach dem Recht seines 
Heimatstaates noch minderjährig ist, abweichend von Absatz 1 Satz 2 Nr. 1 eine 
Einbürgerungszusicherung.

Sec. 88 - Decisions on liability for prosecution

(1)	For the purposes of section 85, no. 4, and section 86, para. 1 (2), no 
account will be taken of

1.	the imposition of compulsory educational measures or correctional measures 
under the Juvenile Courts Act,

2.	convictions involving the payment of fines up to 180 days' equivalent, and
3.	suspended sentences of up to six months' imprisonment which have lapsed 
after the suspension period.

If the alien has been sentenced to a higher penalty, a decision will be made in 
each individual case whether the criminal act may be disregarded or not.

(2)	Where a sentence of youth custody of up to one year is imposed, and has 
been suspended, the alien will be given a guarantee of naturalization in the 
event that the sentence will be waived after the suspension period.

(3)	If a prosecution on suspicion of a criminal offence is instigated against 
an alien who has applied for naturalization, the decision on naturalization will 
be deferred until the conclusion of the proceedings, and in the event of a 
conviction until the sentence of the court becomes final. This will also apply 
if the imposition of a youth penalty is suspended under section 27 of the 
Juvenile Courts Act.

Sec. 89 - Interruptions of lawful residence

(1) Ordinary residence in Federal territory will not be interrupted by periods 
of up to six months spent outside Federal territory. If the alien has stayed for 
more than six months outside Federal territory for a reason which is inherently 
non-temporary, this period will be included in the period of residence required 
for naturalization, as long as it does not exceed one year.

(2)	If the alien has stayed outside Federal territory for longer than six 
months for a reason which is inherently non-temporary, the earlier period of 
residence in Federal territory may be included in the period of residence 
required for naturalization, as long as it does not exceed five years.

(3)	Interruptions of lawful residence will be disregarded if they are 
attributable to the fact that the alien did not apply at the proper time for the 
first compulsory residence permit or for its extension, or was not in possession 
of a valid passport.

Sec. 90 - Naturalization fees

[abrogated; new text eff. 1.1.2000, not yet translated:]

Einbürgerungsgebühr. Die Gebühr für die Einbürgerung nach diesem Gesetz beträght 
500 Deutsche Mark. Sie ermäßigt sich f¨^ur ein minderjähriges Kind, das 
miteingebürgert wird und keine eigenen Einkünfte im Sinne des 
Einkommensteuergesetzes hat, auf 100 Deutsche Mark. Von der Gebühr kann aus 
Gründen der Billigkeit oder des öffentlichen Interesses Gebührenermäßigung oder 
-befreiung gewährt werden.


Sec. 91- Validity of general provisions

[abrogated; new text eff. 1.1.2000, not yet translated:]
Verfahrensvorschriften. Für das Verfahren bei der Einbürgerung gelten § 68 Abs. 
1 und 3, § 70 Abs. 1, 2 und 4 Satz 1 entsprechend. Im übrigen gelten für das 
Verfahren bei der Einbürgerung einschließlich der Bestimmung der örtlichen 
Zuständigkeit die Vorschriften des Staatsangehörigkeitsrechts.

Chapter 8 - PENAL PROVISIONS AND FINES

Sec. 92 - Penal provisions

(1)   A penalty of up to one year's imprisonment, or a fine, will be imposed on 
any person who

1.	contrary to section 3, para. 1, first sentence, stays in Federal territory 
without a residence permit and does not possess a temporary consent under 
section 55, para. 1.

2.	contrary to section 4, para. 1 in conjunction with section 39, para. 1, 
stays in Federal territory without a passport and without a substitute identity 
document,

3.	infringes an enforceable condition under section 14, para. 2, second 
sentence, or section 56, para. 3, third sentence, in each case in conjunction 
with section 44, para. 6, or an enforceable order under section 62, para. 2,

4.	infringes, on more than one occasion, an enforceable order under section 
37,

5.	contrary to section 41, para. 4, refuses to undergo an investigative 
procedure,

6.	 contrary to section 58, para. 1, travels into Federal territory,

7.	supplies or uses incorrect or incomplete information in order to obtain a 
residence permit or a temporary consent for himself or another person, or 
knowingly uses for legal purposes a document obtained by this means, or

8.	while in Federal territory belongs to an organization or group consisting 
primarily of aliens and whose existence, aims or activities are kept secret from 
the authorities in case it is proscribed.

(2)	A penalty of up to three years' imprisonment, or a fine, will be imposed 
on any person who incites an alien to commit any of the acts defined in 
paragraph 1, nos. 1 or 6, or assists him in doing so, and

1.	receives or is promised a pecuniary advantage for doing so or

2.	carries out such acts on more than one occasions or on behalf of more than 
five aliens.

(3)	In the cases referred to in paragraph 2, the attempt will be punishable.

(4)	Objects associated with a punishable act under paragraph 1 (7) may be 
forfeited.

(5)	Article 31, para. 1 of the Agreement on the Legal Status of Refugees is 
unaffected.

Sec. 93 - Fines

(1)   A contravention is committed by any person who acts out of negligence in 
the cases specified in section 92, para. 1, nos. 1 to 3.

(2)	A contravention is committed by any person who 1. contrary to section 40, 
para. 1, fails to produce, hand over or surrender a document referred to 
therein, or 2. contrary to section 59, para. 1, evades police checks on cross 
border traffic.

(3)	A contravention is committed by any person who deliberately or negligently

1.	infringes an enforceable condition under section 3, para. 5, section 14, 
para. 2, first sentence, para. 3, or section 56, para. 3, second sentence, in 
each case in conjunction with section 44, para. 6.

2.	infringes an enforceable order under a) section 37 or b) section 74, para. 
1, second sentence, or para. 2, first sentence, no. 1.

3.	infringes a statutory instrument under section 38 or section 40, para. 2, 
where reference is made to this provision for fines in respect of a particular 
act.

4.	contrary to section 59, para. 1, enters or leaves the country outside a 
permitted frontier crossing-point or outside the hours fixed for such traffic, 
or does not carry a valid passport or passport substitute, or

5.	contrary to section 68, para. 4, fails to make an application as specified 
thereunder.

(4)	In the cases referred to in paragraph 2 (2) and paragraph 3 (4), an 
attempted contravention may also be punishable.

(5)	Contraventions may incur fines as follows: in the cases covered by 
paragraphs 1 and 2 no. 1, and paragraph 3 no. 2 a, no.4, with a fine of up to 
5000 German marks; in the cases covered by paragraph 2 no. 2, with a fine of up 
to 10,000 German marks; in the cases covered by paragraph 3, nos. 1, 3 and 5 
with a fine of up to 1000 German marks; and in the cases covered by paragraph 3 
no. 2 b, with a fine of up to 20,000 German marks.

(6)	Article 31, para. 1, of the Agreement on the Legal Status of Refugees, is 
not affected.

Chapter 9 - TRANSITIONAL AND FINAL PROVISIONS

Sec. 94 - Continued validity of residence rights

(1)   A residence entitlement issued before this Act came into force will 
continue to be valid as

1.	an EEC residence licence without limit of time, if the alien enjoys 
freedom of movement under the EEC law on residence,

2.	a residence entitlement under this Act, if issued to an alien in another 
category.

(2)	A residence licence without limit of time issued before this Act came into 
force will continue to be valid as

1.	an EEC residence licence without limit of time, if the conditions laid 
down in paragraph 1 (1) are met,

2.	a residence licence without limit of time under this Act, if issued to an 
alien in another category.

(3)	A residence licence with a time limit issued before this Act came into 
force will continue to be valid as

1.	an EEC residence licence, if the conditions laid down in paragraph 1 (1) 
are met,

2.	a residence voucher, if it has been issued to an alien for a purpose which 
of its nature requires a stay which is other than temporary, or to a member of 
the family of such an alien,

3.	a residence authorization, if it was issued to the alien on humanitarian 
or political grounds, or because there was an obstacle to deportation, or was 
issued to a member of the family of such an alien, or of an alien who has 
permission to reside pursuant to the Asylum Procedure Act, or holds a temporary 
consent to remain,

4.	as a residence licence with a time limit under this Act, if issued to a an 
alien in another category.

(4)	A residence licence issued in the form of a visa will continue to be valid 
as a visa under this Act.

Sec. 95 - Continued validity of other provisions under the law on aliens

(1)   Other measures under the law on aliens which were adopted before this Act 
came into force, especially temporal and territorial restrictions, terms and 
conditions, prohibitions and restrictions on political activity, and 
deportations, warnings of expulsion and expulsions together with their legal 
consequences and the timing of their effects, and also temporary consents to 
remain and other measures in favour of aliens, will remain in force.

(2)	Conditions attached to a residence entitlement will be rescinded on 
application. The rescission will be free of charge.

Sec. 96 - Maintenance of the legal status of young aliens

(1)   Aliens who have not completed their 16th year when this Act comes into 
force and who are lawfully resident in Federal territory, shall on request 
receive a residence permit in accordance with the provisions of this Act. A 
residence permit may be issued notwithstanding section 7, para. 2 and section 8, 
para. 1, and even where this Act contains no specific provision to this effect.

(2)	An application for the issue of the residence permit must be made within 
one year of the entry into force of this Act. Until the expiry of the period for 
applying, and after the application has been made until the Aliens Authority has 
made its decision, the exemption from the requirement to hold a residence 
licence which existed before this Act came into force will continue, unless the 
alien is the subject of an administrative decision requiring him to leave the 
country.

(3)	Where the length of time for which a residence permit has been held is a 
determining factor in acquiring or exercising a right, or in obtaining a 
benefit, in the case of aliens who have entered the country before completing 
their 16th year the period of lawful residence before the entry into force of 
this Act and the period of lawful residence in accordance with paragraph 2, 
second sentence, are to be calculated as periods in which a residence permit has 
been held. The same applies in respect of aliens who, following the entry into 
force of this Act, have been exempted from the requirement to hold a residence 
permit on account of their age, pursuant to a statutory instrument or other 
legal provision.

Sec. 97 - Interruptions of lawful residence

Periods in which lawful residence is interrupted will be disregarded if the 
interruption does not exceed one year.

Sec. 98 - Transitional rule for holders of residence licences

(1)   Section 7, para. 2, nos 1 and 2 will apply to aliens who hold a work 
permit and a residence licence with a time limit when this Act comes into force, 
provided the residence licence can be extended for a further period 
notwithstanding a claim for supplementary social assistance, as long as the 
alien is entitled to draw unemployment benefit or unemployment assistance.

(2)	The spouse of an alien who was issued with a residence licence before this 
Act came into force and whose licence remains valid under this Act, will be 
issued with a residence licence in accordance with section 17 and 18, para. 5, 
notwithstanding the provisions of section 18, para. 1, no. 3.

(3)	Paragraphs 1 and 2 will apply mutatis mutandis, if the alien has applied 
for an extension of the residence licence before this Act came into force and 
the licence is extended after the entry into force of this Act.

Sec. 99 - Transitional rule for holders of residence authorizations

(1)   In the cases covered by section 94, para. 3, no. 3, a residence 
authorization may be extended notwithstanding the provision of section 34, para. 
2. Where section 35 applies, the period for which a residence licence has been 
held before the entry into force of this Act is to be included in the compulsory 
period for holding a residence authorization.

(2)	Where an order is made by the superior Land authority for the purposes of 
section 32, paragraph 1, the agreement of the Federal Minister of the Interior 
may be dispensed with.

Sec.100 - Transitional rule for former asylum seekers

(1)   An alien

1.	whose asylum procedure has been finally concluded without the grant of a 
right of asylum,

2.	who has not been expelled owing to a Land administrative provision or an 
individual decision based on legal or humanitarian grounds, on account of the 
situation in his country of origin, or

3.	whose stay cannot be terminated because his departure or expulsion is 
prevented for a reason beyond his control,

may be issued with a residence authorization if, at the time this Act came into 
force, he has been resident in Federal territory for at least eight years on the 
basis of permission to reside pursuant to the Asylum Procedure Act, or on the 
basis of a temporary consent; periods of residence before the request for asylum 
was made are disregarded. Section 30, para. 5, second sentence, does not apply.

(2)	The spouse and unmarried children of an alien who is issued with a 
residence authorization in accordance with paragraph 1 will be given a residence 
authorization if they are resident in Federal territory when this Act comes into 
force, either on the basis of permission to reside pursuant to the Asylum 
Procedure Act, or on the basis of a temporary consent.

(3)	Paragraphs 1 and 2 shall not apply to aliens who are to be deported or who 
have been found guilty of an intentional criminal act and have been sentenced to 
more than six months imprisonment or ordered to pay a fine of more than 180 days 
equivalent.

(4)	Where the superior Land authority makes an order for the purposes of 
section 32, paragraphs 1 and 2, the agreement of the Federal Minister of the 
Interior may be dispensed with.

Sec. 101 - Exemption for persons on military service

(1)   An alien who has lawfully been ordinarily resident in Federal territory 
and who is staying in his home State, rather than in Federal territory, when 
this Act comes into force, in order to carry out compulsory military service, 
will normally be issued with a residence licence for the purpose of returning to 
Federal territory, notwithstanding section 16 and by waiver of section 10, if

1.	there is a job available for him, or

2.	he wishes to return to his spouse, an unmarried minor child, his parents 
or parent, having their lawful ordinary residence in Federal territory.

(2)	A residence licence will only be issued in these circumstances if the 
alien makes an application within three months of being discharged from military 
service and if his residence permit expires, or has expired, solely by lapse of 
time or owing to the length of residence outside Federal territory.

Sec. 102 - Transitional rule on ordinances and fees

(1)   In the ordinance on the implementation of the Aliens Act in the version 
published on 29 June 1976 (BGBl. I p. 1717), as amended by the ordinance of 3 
May 1989 (BGBl. I p. 881), the words "residence permit" shall replace the words 
"residence licence".

(2)	The ordinance on fees annexed to the Aliens Act of 20 December 1977 (BGBl. 
I p. 2840) is rescinded, except for section 2, para. 2, and sections 3 and 
4.Until the adoption of an ordinance on fees pursuant to section 81, para. 2, 
half the prescribed fees will be charged for the official acts designated in 
section 81, para. 3, nos. 1 to 5, and one quarter of the prescribed fees for 
official acts in respect of minors.

Sec. 103 - restrictions of fundamental rights

(1)   The fundamental rights of inviolability of the person (article 2, para. 2, 
first sentence of the Basic Law) and of personal freedom (article 2, para. 2, 
second sentence of the Basic Law) will be restricted in accordance with this 
Act.

(2)	Procedure in the event of deprivation of liberty will be conducted in 
accordance with the Act on Court Procedure concerning Deprivation of Liberty , 
in the revised version published in the Federal Gazette, Part II, classification 
no. 316-1, as amended by section 185 of the Act of 16 March 1976 (BGBl. I p. 
581).

Sec. 104 - General administrative provisions

With the consent of the Bundesrat, the Federal Minister of the Interior shall 
enact general administrative provisions in respect of this Act and of the 
statutory instruments adopted pursuant to this Act.

Sec. 105 - City-State clause

The Senates of the Länder of Berlin, Bremen and Hamburg are authorized to adapt 
the provisions of this Act concerning official jurisdiction to the particular 
administrative arrangements of their Länder.

Sec. 106 - Berlin clause

In accordance with section 13, para. 1 of the Third Transference Act, this Act 
shall also apply to the Land of Berlin. Statutory instruments adopted pursuant 
to this Act shall apply to the Land of Berlin in accordance with section 14 of 
the Third Transference Act.


[Source: UNHCR; Beck-Texte im dtv; subject to further text verification