The information on this page is from November 2017.
Protection from violence for refugee women and girls
We answer the most important questions.
At the beginning there is a list of important terms. We explain these
Terms. For example, we explain what Deportation gemeint
Or what is called Protection status understands.
The list will be revised as needed: new terms will be added or explanations will be supplemented.
Important
Please remember: laws and rules sometimes change.
The information on these pages is from November 2017.
The text is a translation of legal questions from difficult language into simple language.
Please note: This text does not replace legal advice. And it is not a legal document.
If you have further questions, please seek help from a lawyer or a specialist advice center.
The following questions and topics will be addressed:
Citizens of the European Union (EU) are allowed to live in Germany. To do so, they need no special permit. People from other countries need a residence permit if they want to live in Germany.
You must leave Germany:
Lots of people have no Residence permit. You are supposed to leave Germany, but sometimes that is not availabe.
For example:
In such cases, people are granted a toleration permit.
A toleration permit confirms that this person is supposed to leave Germany and return to his homeland, but at the moment this is not possible. not availabe.
People without a residence permit must leave the country. For example, if the office has decided that the residence permit not availabe is extended.
You will first receive a notice stating that you not availabe are no longer allowed to stay in Germany and must therefore leave the country. If you not availabe If you leave voluntarily, you will be deported. That is, you will be forced to leave.
Expulsion means: The right of residence is withdrawn. This means: You have no right of residence and may also not availabe re-enter Germany.
People who break the law are deported. These people, for example, sell drugs or commit other crimes.
You can appeal a deportation order or file a lawsuit. The office will then have to review the case thoroughly. It will then have to decide what is more important:
If you have been deported, you must leave the country not availabe You will also not availabe deported in any case.
For example, you are generally allowed to stay if you are recognized as a refugee and are threatened with torture in your home country. This often even applies if you have committed serious crimes in Germany. However, in such a case, you will receive no Residence permit, but only a toleration permit.
An asylum application is an application for protection.
For each asylum application, the following questions are examined in sequence:
The term comes from European refugee law. International protection includes refugee protection and subsidiary protection.
There are many rules governing asylum and residence law. You can find the most important information on this website: http://www.ggua.de/aktuelles/
This website contains difficult language.
For example, you can find information here about the asylum procedure and family reunification.
Family reunification means that the family of a refugee should stay together. Therefore, for example, the wife or children can come to Germany even if the father is already here. There are certain conditions for this.
The website also provides information about particularly vulnerable refugee groups, such as minors. In Germany, a minor means someone under 18 years of age.
Here you will find information on rights and obligations during the
Asylum procedures. The information helps in advising and supporting refugees.
The Dublin procedure examines which state is responsible for the asylum application.
On this website you will find important information about the Dublin procedure. The information is from 2015:
This website contains difficult language.
What is a Residence permit?
A residence permit is a document that confirms a person's right to stay in Germany. There are various types of residence permits, such as a visa or a residence permit.
There is a list of so-called safe countries of origin. Germany assumes that no one is being persecuted in these countries. Germany also assumes that in these countries not availabe human rights violations. The list is part of the Asylum Act and is reviewed every two years.
Since September 2017, these countries have been included: the member states of the European Union, Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, the former Yugoslav Republic of Montenegro, Senegal, and Serbia. This is stated in Annex II to Paragraph 29a of the Asylum Act.
When people from so-called safe countries of origin apply for asylum, their application is rejected. The application is labeled "manifestly unfounded." The refugees then have to quickly prove that they are indeed being persecuted in their countries of origin. They have little time to do so, as the asylum process is much shorter in this case.
People from so-called safe countries of origin must report their persecution in great detail and detail. They can not availabe just point out that the situation in their home country is generally difficult.
The Asylum Act states: Asylum applications from people from so-called safe countries of origin should be processed quickly. The Federal Office is to make a decision within one week. The technical term for this is: Expedited procedureThis is stated in the Asylum Act in paragraph 30 a.
Further restrictions for people from so-called safe countries of origin
People from so-called safe countries of origin must live in special initial reception facilities. They must stay there while the asylum process is pending. If their asylum application is rejected, they must remain there until they leave the country.
Your asylum application has been rejected. You can appeal the decision in court.
People from so-called safe countries of origin can then have their freedom severely restricted. There are legal regulations for this. For example, they can be Residence requirement This means that they may not not availabe move freely, but must remain in a certain area.
These people also often get a Work ban. This means that they may no Earn money. Sometimes their benefits are also cut. This means they receive less money from the state to live on.
Each federal state decides for itself how to apply the legal rules. This varies from state to state. Some federal states do not even apply the legal rules yet. not availabe People from so-called safe countries of origin are treated differently in each federal state. not availabe restricted in their freedom everywhere.
Some women from so-called safe countries of origin have experienced violence. This is a reason to be granted asylum. Read more about this topic. here.
If an asylum application is rejected as “manifestly unfounded”, this means:
In such a case, you must file a lawsuit very quickly. You only have one week to do so. It's still possible that you will be deported soon, even if you've filed a lawsuit. This is different from asylum applications that have been rejected for other reasons.
You may be asked to obtain travel documents. This sometimes happens while the legal proceedings are still ongoing. With the travel documents, you can then be deported.
So that you not availabe If you are deported, you must file an urgent legal protection application. You must file this application in addition to the lawsuit.
The urgent legal protection application must also fully and comprehensively describe all the reasons for your escape. For example, how you were persecuted in your home country and what fears you have as a result. You must provide clear reasons for everything and also provide evidence.
This means: If your asylum application has been rejected, the reasoning matters. If the reasoning is "manifestly unfounded," you have a lot to do. You must file a lawsuit within just one week and also submit an application for urgent legal protection. This is a major hurdle, and very few people are successful with their lawsuit.
If you apply for asylum, you will initially be subject to very limited options. For example, you must live in a specific location. This is called Residence obligation. You may also not availabe go anywhere. That's called Residence requirement.
Obligation to take up residence means that the authorities dictate to asylum seekers where they must live. In other words, the authorities determine where asylum seekers have their permanent residence.
The residency requirement applies from the day the asylum application is submitted and remains in effect throughout the entire asylum process.
Refugees are generally required to live in an initial reception facility for the initial period. They are usually required to stay there for the first six weeks, but sometimes longer. However, this stay is limited to a maximum of six months.
Afterward, the refugees can move into their own apartment or into other shared accommodation. However, they must still remain within the city or district.
Residence requirement means: You are not allowed to leave the city or district not availabe If you want to leave the city or county, you need permission from the authorities.
If you have an appointment with an authority or court, you need no Permission to leave the city or county.
The residency requirement applies from the day the asylum application is filed. It usually lasts three months. Sometimes it lasts longer. After that, you can travel throughout Germany and even stay overnight with friends.
Special rules apply to asylum seekers from so-called safe countries of origin.
The German authorities assume that:
In the so-called safe countries of origin, democracy prevails and there are no War. No one is politically persecuted. If someone is persecuted for other reasons, the state can protect its citizens.
There is a list of so-called safe countries of origin. This list is part of the Asylum Act and is reviewed every two years.
Since September 2017, these countries have been among the so-called safe
Countries of origin: the member states of the European Union, Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, the former Yugoslav Republic of Montenegro, Senegal, and Serbia. This is stated in Annex II to Paragraph 29a of the Asylum Act.
If people from these countries of origin apply for asylum, they must live in an initial reception center like everyone else. But they must remain there during the overall Asylum procedures. Sometimes these refugees even have to stay in an initial reception center until their departure. This applies if their asylum application has been rejected as "manifestly unfounded" or "inadmissible."
During this time, people are allowed not availabe They may only leave the city or district with a permit. They must apply for this permit from the Federal Office.
EU citizens must not availabe live in an initial reception facility.
The residence requirement has been in place since 2016. The conditions are set out in paragraph 12a of the Residence Act. It applies for the period to the asylum procedure. This is what it's all about: Refugees submit their asylum application in a specific federal state. If the refugees are recognized, they must continue to live in that state. The authorities can even specify in which municipality the refugees must remain. This applies for three years. Recognized refugees can therefore not availabe no longer so easy to move to another state.
You must apply for this. You may be exempted for the following reasons:
There are also other important reasons, for example, if you experienced violence and had to seek refuge in a women's shelter. If the women's shelter is located in another municipality or federal state, you can apply. You will then be exempt from the residency requirement.
You can find more information on these websites:
The short name is BAMF. The BAMF is responsible for the asylum procedure. That is, it examines asylum applications. The BAMF is headed by the Federal Ministry of the Interior.
There is at least one BAMF branch office in every federal state. Asylum seekers must submit their applications there in person. personal hearing takes place there.
The personal interview is an important event in every asylum procedure. During the personal interview, asylum seekers must explain in detail why they have fled.
The BAMF stores the personal data of asylum seekers. Fingerprints are also taken and stored. The data is entered into the European database EURODAC. It is checked whether another country is responsible for the asylum procedure. If no another country is responsible, the BAMF in Germany is responsible for the asylum procedure.
There are also initial reception facilities in every federal state. They are often located very close to the BAMF's branch offices.
The immigration authorities belong to the individual federal states and municipalities. They implement the Residence Act. They process, for example, residence permits and work permits. They also handle expulsions and deportations. This depends on the decision made in the asylum procedure.
In the case of these persons, the immigration authorities must adhere to the BAMF’s decision:
For all other migrants, the immigration authorities themselves make the decision. For example, in the case of foreign students or family members.
The immigration authorities also issue the residence permit during the asylum process. This document states: "This person has applied for asylum. They may remain in Germany until the application has been reviewed and a decision made."
The immigration authorities are also responsible for granting tolerated status, for example, while the Dublin procedure is pending or if an asylum application has been rejected.
Violence against women can be taken into account in the asylum process. It depends on the situation in which the woman experienced violence.
Have you experienced violence in your home country or been persecuted as a woman? Then you can be recognized as a refugee in Germany or subsidiary protection get.
Subsidiary protection means that you can still stay in the country under certain conditions. Even if you no Have the right to asylum and also not availabe are recognized as a refugee. For example, if you face violence in your home country.
What matters is that you in yourHeimatland were persecuted or experienced violence.
If you have experienced violence during your escape or in Germany, this is no Reason to get asylum.
The Geneva Refugee Convention addresses the rights of refugees. It defines, for example, who is recognized as a refugee. That is, who has the right to protection in another country.
People who are persecuted in their homeland have a right to protection.
For example, because of their religion or because they belong to a certain social group.
For example, women belong to a certain social group.
Have you been in prison? Were you tortured or raped there? Or have you experienced something similar? The important thing is that violence and persecution must come from state employees. For example, from the police or the military, otherwise it is no Reason for asylum.
Another form of persecution:
The violence and persecution can also come from other people, such as family members. Are you threatened with circumcision, for example? Are you being married against your will?
The state protects you not availabe adequately protected from violence and persecution because you are a woman. This can also be a reason for asylum.
Have you been persecuted by other people or your family members? Then you must prove that your state not availabe protects. Otherwise, the no Reason for asylum.
Courts make very different decisions, for example, in cases of forced marriage. A woman flees because she is forced to marry against her will: Some courts consider this a valid reason for fleeing and recognize the woman as a refugee.
Other courts see it differently. They simply decide that the woman not availabe may be deported. The woman will then only receive a temporary residence permit.
Each case is decided individually. You can not availabe say exactly what result a court will reach.
For example, in a country like Afghanistan, women are not allowed not availabe decide for themselves how they want to live. There it is dangerous if they not availabe follow the rules. For example, if they follow the dress code not availabe . note
Some courts recognize this as a reason for fleeing. They see the danger of persecution for the woman. Other courts recognize the not availabe The courts rule differently, and it always depends on the individual case.
Gay men and lesbian women are also persecuted. Gay means: a man loves a man. Lesbian means: a woman loves a woman. Bisexual, transgender, and intersex people.
Bisexual means: a woman loves a woman and a man or vice versa.
Intersex means: a man is not born as a woman or as a man.
It is not clear whether they are male or female.
Transgender means: A woman feels like a man and would rather live as a man or vice versa.
These individuals belong to a specific social group. Unlike many other people, they do not live together as a man and a woman.
They can therefore be recognized as refugees.
Did you experience violence during your escape? Or did you experience violence in the country you fled to? no Reason for asylum.
But you may still be allowed to stay in the country and receive a residence permit.
A violence protection order has no Consequences for the asylum procedure.
The situation in the country the person comes from is examined. For example, whether it is dangerous or at war.
If the woman has experienced severe violence, she can stay in Germany longer and will not availabe This can happen if the children are deported for a certain period of time, not availabe are no longer allowed to live with the man's family. And the man's family threatens the woman. Then the woman not availabe deported.
For example: In some countries, children always belong to the man's family. The woman and man separate. The woman and children have to flee because they are threatened by the man's family.
Each individual family is examined to determine the consequences of
A protection order for the asylum process is in place, even if the couples have been separated for some time.
It's important to note that the asylum applications for the man and the woman should be reviewed separately. A lawyer should be consulted beforehand.
You will find more information here.
When spouses separate, several things need to be considered:
First, the residence status of the spouses must be determined: Are both still in the asylum process? Or is one of them still in the asylum process? Or have the spouses already received protection status?
The question is whether one is allowed to stay in Germany if one has separated from one's partner. This usually depends on the woman's residence permit and the partner's residence permit.
There are different ways:
A wife may have received family refugee protection. This means she has been recognized as a refugee so the couple can stay together.
If the couple separates, it must be examined: Did the woman “just” follow her husband or did she have her own reasons for fleeing?
If the woman no If the person had their own reasons for fleeing, their residence status may change.
The husband is recognized as a refugee in Germany. The wife subsequently also came to Germany. She received a residence permit for family reasons so that the couple could live together.
In this case, too, a separation can change the woman's residence status. She may even lose it.
This is important when a couple separates:
It must be carefully examined whether the woman actually has her own reasons for fleeing her home country. Then she can apply for asylum herself and be independent of her husband.
It must also be examined whether the woman is in danger in her home country.
Is she being persecuted by her husband's family there? For example, because she has custody of the children? That can be a reason for persecution, because in some countries, children always belong to the husband's family.
If there is a risk that the woman will be followed, then she may not availabe deported.
It is important that the woman seeks good advice.
If the father has refugee protection and the children are protected through the father? Then the woman can also stay in Germany, because she has to care for her children here. This applies even if the couple has separated.
The same rules and laws apply to all families. This means that anyone can file applications with the family court, even those in the asylum process.
For example, you can submit these applications:
People in the asylum process belong to different countries. This sometimes creates difficulties: The courts must first clarify which law they should apply to their decisions. However, these difficulties also arise with other foreign families.
Parents have the right to determine their child's place of residence. If parents separate, they must come to an agreement. Who gets the right to determine their child's place of residence?
Can the parents not availabe agree? Then the court decides.
There are further questions for couples and families in the asylum process:
These questions are difficult. The BAMF or the courts often decide too quickly. The decisions are based not availabe always according to the laws of family law.
If a couple has married in another country, this marriage is normally also valid in Germany. The marriage must not availabe be specifically recognized. This is stated in Article 13 of the Introductory Act to the German Civil Code. The abbreviation for the Introductory Act is "EGBGB".
If your wife or husband is a German citizen, you can apply to have the marriage registered in the marriage register.
But there are exceptions. Sometimes a marriage in Germany not availabe accepted.
The marriage will not availabe recognized if the marriage violates important principles of German law. This is stated in Article 6 of the Introductory Act to the German Civil Code. For example, if children marry at the age of 14.
Each case is examined individually, always taking into account the law of the home country.
Some refugees are minors and come to Germany without parents. The Youth Welfare Office looks after these children and young people. They are assigned a guardian.
A guardian is a legal representative. They assume the responsibilities of the parents. This means they assume responsibility until the young person turns 18.
There are also underage refugees who are married and come to Germany with their husband or wife. In this case, the first step is to determine whether the marriage is even recognized in Germany.
Much has changed in this area since July 18.07.2017, XNUMX. A new law aimed at combating child marriages came into effect on that day.
According to this new law:
The consequences of this new law will only become clear in the future.
One thing is clear: these marriages are in Germany not availabe desired. The term "child marriage" often brings to mind forced marriages—especially for girls under 14 years of age.
However, marriages of minors have various reasons. This is demonstrated by the example of two young people from Syria: a 17-year-old and a 19-year-old married so they could escape Syria together. The term "child marriage" is appropriate here. not availabeThis is a notice from the German Institute for Youth Services and Family Law dated February 22, 2017. The short name is DIJuF.
It becomes difficult if the parents already have a child together or if the child is born in Germany. In this case, paternity must first be acknowledged or established. This means that the father of the child must be confirmed. If the mother is still a minor, her guardian agree. This is stated in the second paragraph of Section 2 of the Civil Code. However, a guardian is often only appointed after several months.
Maintenance This means: Even if parents separate, both parents must care for the children. If the children live with their mother, the father must pay money for his children. If the children live with their father, the mother must pay money for her children. This money is called maintenance.
Does the underage mother still have no Guardian? Then your child is also legally not availabe properly represented. This is stipulated in Section 1673 of the German Civil Code. This creates significant disadvantages: The mother needs a guardian to establish paternity. Only then can she claim maintenance. While maintenance can be claimed retroactively, the money for daily living expenses is initially lacking. It may be lacking for several months.
Access rights means: Every child has the right to see both parents.
Nicht Not only the parent with whom the child lives, but also the parent without custody. Likewise, both parents have the right to spend time with the child.
It's similar with visitation rights: Paternity must first be established. Only then can the family court decide on visitation rights.
Child custody means: Both parents have the right to care for the child and to make decisions for the child.
Custody is also a complicated issue: Do the parents want to share custody? Then both must submit a declaration stating this. But for this, too, the underage mother needs the consent of her guardian. This is stipulated in paragraph 2 of Section 1626c of the German Civil Code. As long as the mother no guardian, custody can not availabe be clarified.
It is not availabe It's unclear whether the parents are even adequately advised and informed. This is important, for example, so that they can establish paternity or submit joint custody declarations.
When spouses separate, several things need to be considered:
First, the residence status of the spouses must be determined: Are both still in the asylum process? Or is one of them still in the asylum process? Or have the spouses already received protection status?
The question is whether one is allowed to stay in Germany if one has separated from one's partner. This usually depends on the woman's residence permit and the partner's residence permit.
There are different ways:
A wife may have received family refugee protection. This means she has been recognized as a refugee so the couple can stay together.
If the couple separates, it must be examined: Did the woman “just” follow her husband or did she have her own reasons for fleeing?
If the woman no If the person had their own reasons for fleeing, their residence status may change.
The husband is recognized as a refugee in Germany. The wife subsequently also came to Germany. She received a residence permit for family reasons so that the couple could live together.
In this case, too, a separation can change the woman's residence status. She may even lose it.
This is important when a couple separates:
It must be carefully examined whether the woman actually has her own reasons for fleeing her home country. Then she can apply for asylum herself and be independent of her husband.
It must also be examined whether the woman is in danger in her home country.
Is she being persecuted by her husband's family there? For example, because she has custody of the children? That can be a reason for persecution, because in some countries, children always belong to the husband's family.
If there is a risk that the woman will be followed, then she may not availabe deported.
It is important that the woman seeks good advice.
If the father has refugee protection and the children are protected through the father? Then the woman can also stay in Germany, because she has to care for her children here. This applies even if the couple has separated.
Refugees are entitled to health assistance, such as medical treatment and psychological care.
Psychological care means that doctors treat mental health problems, such as anxiety. Refugees are also entitled to social benefits, such as child benefit.
Here you can find more information:
Health support for refugees:
Health assistance for people without residency status:
Help with mental health problems:
Social rights of refugees
Refugees must cover the costs of legal counseling during the asylum process themselves. Refugee women who have experienced violence must also cover the costs themselves.
You can apply for legal counseling assistance. You can receive this legal counseling assistance for legal proceedings within your family or legal proceedings involving a penalty. This assistance also applies to asylum procedures.
During the asylum process, you will receive assistance from a lawyer. The asylum procedures are very lengthy and expensive. The consultation fee is only €100. It is sufficient. not availabeto pay for the expensive asylum process.
Many refugee aid organizations provide funding for legal aid for refugees in court. For example, the organizations Pro Asyl, Deutsche AIDS Hilfe, and Reporters Without Borders. Women's organizations also sometimes provide funding for legal aid.
The asylum application was rejected by the Federal Office for Migration and Refugees. If you appeal the rejection, you can apply for financial assistance to cover legal costs. Financial assistance for legal costs is available to people with low incomes. These individuals must prove that they can cover the costs of the proceedings. not availabe can pay.
The case must have a good chance of success. This means the person can win the case. The state will only pay for a lawyer if the case has a chance of success.
The administrative court will first examine whether the lawsuit is worthwhile.
The administrative court makes very different decisions regarding who receives financial assistance for legal costs. The courts also make very different decisions regarding the proceedings. not availabe Always be sure whether you will receive financial assistance for the legal costs.
The courts often decide very late whether financial assistance will be granted.
Lawyers often receive a cash advance. They also receive a regular monthly payment if fees are due. The payment is then repaid to the individual if financial assistance for legal costs is approved.
In an asylum procedure you need not availabe A lawyer is always required in court. This means that the refugee can also file the lawsuit themselves at the court's Legal Application Office. The lawsuit must be filed on time and in person.
Court staff will assist with filing the application. A support group can also help with the justification for the lawsuit. Often, a lawyer is not needed until later in the proceedings.
If women have experienced violence, they receive in the asylum procedure A consultation assistance voucher. With a consultation assistance voucher, you can receive €100 in reimbursement for a consultation. Assistance from a lawyer in an asylum procedure often takes longer and costs more. It is often difficult to find a lawyer in the asylum procedure who offers consultation for such a low fee.
When the procedure is over, you can get advice with a consultation assistance certificate. You can also find out about the success of an appeal against the asylum decision.
When the court proceedings begin, you will receive financial assistance to cover the legal costs. no Advisory help more.
This table shows options for those who give money for a stay in a women's shelter.
Money for translators can be obtained through a fund, a federal or municipal funding program. A fund is a reserve of money set aside for a specific purpose.
Many women's shelters or specialist counseling centers have money for translations in their facilities. This money not availabe all counseling centers and women's shelters.
It depends on which federal state you're applying for funding in. Who pays for translations varies from state to state. There are various ways to apply for funding for translators. The translations can be good or bad. This varies greatly from case to case.
A woman has experienced violence. The first thing she can do is seek advice from a helpline throughout Germany called "Violence Against Women." There, they can find out what language the woman speaks.
You can get advice in several languages.
Women’s advice centers, women’s shelters, and women’s helpers can also call there.
You can find more information in this information sheet:
https://www.hilfetelefon.de/fileadmin/content/Materialien/Infoblaetter/Hilfetelefon_Gewalt_gegen_Frauen_Infoblatt_Unterstuetzungseinrichtungen_barrierefrei617.pdf
This website contains difficult language.
Offers for interpreting services that cost money:
These offers say nothing about how good or how bad a translation is. Or how the billing process or access to funding is regulated.
Each German state has different rules regarding how interpreting services are paid. This is why there are often too few good translations.
Often children or other people who are not availabe so well versed in translation. That's a problem.
Another problem is that often only interpreting services paid. Interpreters often know each other not availabe They deal well with the specific topic of violence. Technical translators are usually better trained than language mediators. Translating requires a good ability to engage with the person. Often, the same professional rules for translation are lacking.
Sometimes other employees are hired to translate. They receive only €400 a month. They are paid less than specialist translators. Often, employees who actually have other duties also translate. For example, security guards in refugee shelters. This is a problem because security guards often have too close contact with the refugees and are not specialized in the field. not availabe be well-versed in the topic of violence. Good translators must be independent.
Often, translators can only translate into Arabic or Russian, for example. These are the languages most in demand. However, there are too few translators for other languages. Specialized counseling centers and women's shelters are calling for:
There needs to be more funding for translation services in all federal states so that more people can receive help from a translator.
If an asylum application has been filed, the women are allowed to leave the city or district not availabe leave. If you want to leave the city or county, you need permission from the authorities.
This is called the residence requirement. People from safe countries of origin are even allowed to stay in the city or district for the entire duration of the asylum procedure. not availabe If you have an appointment with an authority or court, you need no Permission.
Women who have experienced violence and are hiding from their perpetrators must also stay in a specific location. They may not leave the city or district. not availabe If you want to leave the city or county, you need permission from the authorities.
The permit must be applied for in writing to the Federal Office for Migration and Refugees or to the immigration authorities.
If permission not availabe If this is the case, the women are acting against the law.
But you must not availabe Apply for a permit immediately. Often, the women's lives are in danger. The women must then leave the area quickly. Permits can then be applied for later.
That has no Disadvantages for women’s asylum procedures.
At the beginning of the asylum process, the women must stay in an initial reception center for at least six weeks. Sometimes longer, but for a maximum of six months. After that, the women can move into their own apartment or into another shared accommodation.
You can also leave the initial reception center earlier. For example, if you get married or enter into a civil partnership. Or you move into shared accommodation. Or your asylum application has been approved. If you have a residence permit, you must not availabe no longer stay in the initial reception facility.
Each federal state has different rules regarding whether a person can move into shared accommodation or whether they have the right to find their own apartment.
If the woman has experienced violence, this is a special case. She can then sometimes leave the initial reception facility earlier. She can then move into her own apartment or into shared accommodation sooner. The woman then has to not availabe adhere more to the rule of staying in a certain place.
You can apply to be allowed to move to another location or state.
This motion is called Redistribution requestThe application also takes into account where your partner and children live. If you are ill and other family members are caring for you, the residence of those family members will also be taken into account.
You can ask whether your relocation application will be processed more quickly. You can also get help from other people. You need a reason for the application to be processed more quickly. One reason is if you have experienced violence where you live.
There are no Rules to speed up the processing of applications. If an authority rejects an application after 3 months not availabe processed, you can file a lawsuit with the administrative court. This lawsuit is called Inaction lawsuitSometimes you have to wait six months before you can file a lawsuit. For example, if a government agency makes a decision regarding social benefits. If you appeal a decision, the agency has three months to make a decision. Only then can you file a lawsuit.
Most refugees can choose their new place of residence not availabe Choose. You need a reason to live in a particular place. If you have experienced violence, there are reasons to live in a particular place. For example, you need a lot of help and your family lives there. Or there's a space available at a women's shelter in that location.
If you move, the first step is to search for a new place of residence in your state. You should stay in the same state.
The immigration authority in the new place of residence processes the application for relocation. This immigration authority is also called Immigration authority.
If women have experienced violence, the perpetrator is banned from the premises by the police and must leave the accommodation or apartment.
This is called a violence protection order.
Women are always allowed to hide from their perpetrators if they have experienced violence during the asylum process. The residence rule for the perpetrator must be observed.
He is only allowed to stay at a specific location during the asylum process. The perpetrator is not allowed to leave the location despite a protection from violence order. not availabe leave. However, he must leave the accommodation and apartment.
The perpetrator may not availabe simply leave the place where they are required to stay. Otherwise, they are breaking the law. The family court determines whether the perpetrator must leave the area for an extended period. The protection from violence order must contain information about where the perpetrator is permitted to stay or what accommodation they must move to.
A violence protection order has no Consequences for the asylum procedure.
The situation in the country the person comes from is examined. For example, whether it is dangerous or at war.
If the woman has experienced severe violence, she can stay in Germany longer and will not availabe This can happen if the children are deported for a certain period of time, not availabe are no longer allowed to live with the man's family. And the man's family threatens the woman. Then the woman not availabe deported.
For example: In some countries, children always belong to the man's family. The woman and man separate. The woman and children have to flee because they are threatened by the man's family.
Each individual family is examined to determine the consequences of
A protection order for the asylum process is in place, even if the couples have been separated for some time.
It's important to note that the asylum applications for the man and the woman should be reviewed separately. A lawyer should be consulted beforehand.
You will find more information here.
More information on violence protection plans can be found here:
This website contains difficult language.
Refugees and their supporters can file a complaint. This varies from state to state and there are no fixed rules.
Only in North Rhine-Westphalia is there a dedicated complaints office in every state-run accommodation facility. The Ministry of the Interior has contact persons there who collect complaints.
You can complain to anyone who works at the accommodation.
For example, the management, the staff, volunteers or people from other facilities outside the accommodation.
So far there are no fixed complaint bodies.
There are contact persons in these facilities.
a) Institutions active in politics:
b) Active people in society who have a lot of responsibility and make important decisions
These people work in public administration institutions, for example the Federal Office for Migration and Refugees, state offices, district offices and citizens' offices.
The federal initiative of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth and the UNICEF organization have established rules. These rules are called: Rules for the Protection of Refugees in Refugee Accommodations.
It states that there should be more complaint centers in the accommodations and in the facilities outside the accommodations.
Mehr Informationen:
You went to a women's shelter because you experienced violence.
Your asylum application has been processed and you are allowed to stay in Germany.
If the women's shelter is located elsewhere, you must submit an application to the immigration authority. The application must state where you will be staying at the women's shelter.
More information is available here and here here and in the Appendix.
Your asylum application is still being processed. You must then comply with the residency requirement. More information on the residency requirement is available here. here.
You went to a women's shelter and moved to a different place. Then you committed a public order offense. Disorderly conduct means you have the law not availabe respected.
Her asylum application will continue to be processed. The move to the women's shelter has no Impact on your asylum application because you had to move to a women's shelter. The perpetrator is responsible for the move.
Residence requirement applies while the asylum application is still being processed. The woman must live in a specific location. The residence requirement usually lasts three months. Sometimes it lasts longer.
You went to the women's shelter anyway. Then you committed a public order offense. A public order offense means you violated the law. This is stated in Section 86 of the Asylum Act. The abbreviation for "Asylum Act" is "AsylG."
You went to the women's shelter because you experienced violence. Your asylum application will continue to be processed. The move to the women's shelter has no This impacts your asylum application because you had to move to a women's shelter. The perpetrator is responsible for the move. If the woman has experienced violence, she may violate the residency requirement and commit a public order offense.
You can apply to be allowed to move to another location or state.
This motion is called Redistribution requestThe application also takes into account where your partner and children live. If you are ill and other family members are caring for you, the residence of those family members will also be taken into account.
You can ask whether your relocation application will be processed more quickly. You can also get help from other people. You need a reason for the application to be processed more quickly. One reason is if you have experienced violence where you live.
There are no Rules to speed up the processing of applications. If an authority rejects an application after 3 months not availabe processed, you can file a lawsuit with the administrative court. This lawsuit is called Inaction lawsuitSometimes you have to wait six months before you can file a lawsuit. For example, if a government agency makes a decision regarding social benefits. If you appeal a decision, the agency has three months to make a decision. Only then can you file a lawsuit.
Most refugees can choose their new place of residence not availabe Choose. You need a reason to live in a particular place. If you have experienced violence, there are reasons to live in a particular place. For example, you need a lot of help and your family lives there. Or there's a space available at a women's shelter in that location.
If you move, the first step is to search for a new place of residence in your state. You should stay in the same state.
The immigration authority in the new place of residence processes the application for relocation. This immigration authority is also called Immigration authority.
Authorities in Germany are only allowed to change the family names of German people. If you come from another country, Germany must respect the laws of that country. This is called right of domicile.
But there are exceptions. For example, if you have experienced violence. And you can live safely with new names.
These exceptions apply to refugees who are allowed to stay in Germany and to people who keine country and are stateless. This means that you have no ID card. The rules for this are contained in the law on changing family names and first names. The abbreviated name for the law is NamÄndG.
Your name can not availabe be changed:
Then you'll need to submit an application to the authorities in your country. Then you can change your name.
The name can only be changed if there is an important reason. For example, if you have experienced violence. Then your name can be changed. Sometimes your name not availabe changed. For example, your name not availabe changed to make it easier for you to find a job. The law is not availabe to ensure that all people have equal opportunities.
There is an administrative regulation. The administrative regulation is called the General Administrative Regulation on the Law on the Change of Surnames and First Names. This administrative regulation lists the reasons why you can change your name. The abbreviation for the administrative regulation is NamÄndVwV.
Sometimes you can change your name for other reasons. For example, if you are allowed to stay in Germany and have applied for German citizenship. Then your name can be changed. So that other people not availabe Know whether you're from Germany or another country. All the important rules are contained in Article 47 of the Introductory Act to the German Civil Code. The abbreviation for the law book is EGBGB.
Many names from other countries have a German origin. This applies to both first names and family names. You can have this German name.
Sometimes there are no German names for the old name. Then you get a completely new name.
There are new rules on sexual violence in Germany. These rules have been in effect since November 2016. These rules are contained in the new Sexual Criminal LawThe law states what not availabe And what penalties exist. So that those affected are even better protected.
The new rules state: You may nothing against the will of the other person. This means that you may only touch the person if they allow it. The victim must not availabe defend themselves more.
Sexual assault means: A person does something to someone that he not availabe For example: A man touches a woman's buttocks. Although the woman not availabe Or a woman enters the bathroom and the man is naked. The man wants not availabethat the woman sees him naked.
A refugee has committed a sexual assault. The refugee can be expelled and deported. Expulsion means that the residence permit is valid not availabe more. This means: The person should leave Germany, even if their asylum application has been approved.
Often the refugee stays in Germany, which means that he or she can not availabe be sent to their home country. Nevertheless, the refugee has fewer rights. For example, they are not allowed no look for a job. Or the refugee may no Take an integration course.
The asylum application has been processed, and the refugees are allowed to stay in Germany. They can still be deported, for example, if they have committed a crime and were violent. They have
The offense is punishable by one year in prison. Refugees can then be deported. This is stipulated in Section 54, Paragraph 1 of the Residence Act. The abbreviation for Residence Act is "AufenthaltsG."
There are also other reasons why refugees are deported. These are listed in Section 54 of the Residence Act.
Every sexual assault is a serious crime. Refugees can be deported if they have committed a sexual assault. This means they must leave Germany. They are granted fewer rights than other refugees. Paragraph 177 of the German Criminal Code defines what constitutes sexual assault. The abbreviation for "Criminal Code" is "StGB."
Refugees can be sent back to their home country if they have committed a sexual assault and received a one-year prison sentence. This is stipulated in Section 60 of the Residence Act. This also applies if their home country is dangerous, for example, because there is a war there.
There are exceptions, however. The immigration authorities and the Federal Office for Migration and Refugees must examine whether the refugee can be returned to their country. Sometimes, refugees can not availabe be sent back. For example, if they receive the death penalty in their own country. Or are tortured.
German citizens and refugees face punishment after a sexual assault. The punishment is laid down in the penal code. Refugees can be sent back to their homeland in addition to the punishment.
Perhaps a refugee will not availabe Even though she committed a sexual assault. The victim may be afraid that the perpetrator will be sent back to his or her country. That's a problem.
There are new rules when groups commit sexual assault. This is stated in Section 184j of the Criminal Code. You commit a crime if you are part of a group, and this group commits a sexual assault. You will also be punished if you commit the sexual assault yourself. not availabe made or planned.
The group rule exists because of New Year's Eve 2015. On New Year's Eve, there were many sexual assaults committed by groups. Newspapers and television reported that many refugees had committed these sexual assaults.
It's difficult to say who belongs to a group. Some people might say: You belong to the group because you're a refugee and you were in that place. That's a problem.
Church asylum means that refugees are taken in by a congregation. A congregation has the same religion and believes in the same things. Refugees can be taken in by a congregation, even if they have a different religion. The refugees are then allowed not availabe be returned. not availabe to another country in Europe.
The asylum application must then be reviewed again. The authorities will determine whether the refugee can be sent to another country.
The municipality's leadership or municipal council decides whether a refugee is granted church asylum. These agencies advise municipalities if they need assistance with church asylum:
Parishes can receive assistance in accommodating refugees. They receive support, for example, from counseling centers, migration services, and working groups from the "Asylum in the Church" group.
The congregation informs the authorities that a refugee has been granted church asylum.
The refugee is given a room to live and cook in. They also receive a bathroom. The community is responsible for providing these spaces. Often, other people from the community and the refugee help to ensure that church asylum functions effectively. They help when the refugee goes to a lawyer or the authorities. Or they show what can be done locally.
In most cases, the church pays for church asylum. The church collects donations for this purpose.
Church asylum can last a few weeks or months. There are no Rules for duration.
The website provides information and texts on church asylum:
www.kirchenasyl.de
This website contains difficult language.
The website provides information and texts on church asylum. It also features dates, news, important addresses, and opinions on church asylum.
The Ecumenical Federal Working Group on Asylum in the Church is a group that brings together all church congregations in Germany that would accept a refugee.
The group helps refugees and those helping them. The group writes texts and provides consultations for local communities. The group informs others about church asylum. It organizes meetings so that many people can exchange ideas and learn more about church asylum.
This report is about a refugee woman who received church asylum. This woman experienced violence. The report can be found in the newsletter from the Women's Shelter Coordination. The newsletter is titled "Protection from Violence for Refugee Women." The newsletter is from 2015. The report is on pages 9 and 10. The newsletter can be found on this website: newsletter_FHK_2015-1_web.pdf
This website contains difficult language.
The reports are about refugees who have received church asylum. The reports can be found on this website: http://www.kirchenasyl.de/erfahrungsberichte/
This website contains difficult language.
This website shows how many people receive church asylum:
http://www.kirchenasyl.de/aktuelles/
This website contains difficult language.
Authors:
Barbara Wessel
Dorothee Frings, Table: “Financing of refugee women’s shelter stays”
Editors:
Anita Eckhardt and Katharina Göpner, bff: Federal Association of Women's Counseling Centers and Women's Emergency Hotlines - Women Against Violence eV
Gloria Goldner and Tatjana Leinweber, Women's Shelter Coordination Association
The following federal associations are members of the Women’s Shelter Coordination Association
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