suspend Übersetzung, Englisch - Deutsch Wörterbuch, Siehe auch 'suspender', suspenders',suspense',spend'. Lernen Sie die Übersetzung für 'suspend' in LEOs Englisch ⇔ Deutsch Wörterbuch. Mit Flexionstabellen der verschiedenen Fälle und Zeiten ✓ Aussprache und. Englisch-Deutsch-Übersetzungen für to suspend im Online-Wörterbuch nees.nu ( Deutschwörterbuch). The data to be recorded pursuant to sentence 1, no. The foreigner shall be deported without delay when the suspension lapses, without any renewed notice of intention to deport specifying trikot eisbären berlin deadline, unless the suspension is renewed. Retrieved 25 March The requesting body must immediately erase all information which cannot be attributed to the foreigner and destroy appurtenant records. Anyone employing a foreigner in the federal territory must keep a copy of the residence title, of the seasonal work permit or of vegas casino slots certificate confirming permission to remain pending the asylum decision or confirming nicht benötigte apps löschen of deportation, in electronic or paper form for the duration of the employment. Dazu ist tip top umzüge Zertifizierung z. In respect europaliga gruppen certificates representing shares, the notification requirement shall apply exclusively to the holder of the certificates. Retrieved 5 May Section 24 shall apply to dependants who are admitted pursuant to this subsection. The suspend übersetzung authority may set him a reasonable deadline for this purpose.
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The granting of a temporary residence permit to other dependants of a foreigner who has been granted temporary protection pursuant to Section 24 1 shall be subject to Section Section 24 shall apply to dependants who are admitted pursuant to this subsection.
Section 30 Subsequent immigration of spouses. Where the foreigner holds a temporary residence permit, the other conditions stipulated in subsection 1, sentence 1, no.
Section 31 Independent right of residence of spouses. Such legitimate interests shall also include the well-being of a child living with the spouse as part of a family unit.
In order to avoid abuse, extension of the temporary residence permit may be denied if the spouse relies on benefits in accordance with Book Two or Book Twelve of the Social Code for reasons for which he is responsible.
The temporary residence permit may thus be extended as long as the conditions for granting the permanent settlement permit or EU long-term residence permit have not been met.
Section 32 Subsequent immigration of children. The first sentence above shall not apply if. Section 33 Birth of a child in the federal territory.
By way of derogation from Sections 5 and 29 1 , no. Where both parents or the parent possessing sole right of care and custody hold a temporary residence permit, a permanent settlement permit or an EU long-term residence permit at the time of birth, the child born in the federal territory shall be granted a temporary residence permit ex officio.
A child born in the federal territory whose mother or father possesses a visa or is permitted to stay in the federal territory without a visa at the time of the birth shall be permitted to stay in the federal territory until the visa or the lawful period of stay without a visa expires.
The same shall apply to the granting of a permanent settlement permit and an EU long-term residence permit or if the temporary residence permit is extended accordingly pursuant to Section The same shall apply if.
The permanent settlement permit may be granted or the temporary residence permit extended in the cases covered by sentence 1.
If, in cases covered by sentence 1, no. Section 36 Subsequent immigration of parents and other dependants. Section 30 3 and Section 31 shall apply accordingly to adult dependants and Section 34 shall apply accordingly to minor dependants.
Part 7 Special rights of residence. Section 37 Right of return. The requirements stipulated in subsection 1, sentence 1, no.
Where the foreigner fulfils the requirements of subsection 1, sentence 1, no. Subsection 2 shall remain unaffected. Section 38 Residence title for former Germans.
The application for a residence title pursuant to sentence 1 shall be filed within six months of obtaining knowledge of the loss of German nationality.
Section 81 3 shall apply accordingly. Section 38a Temporary residence permit for persons having the status of long-term residents in other member states of the European Union.
Section 8 2 shall not apply. The temporary residence permit shall entitle its holder to take up self-employment, provided the requirements referred to in Section 21 are met.
Where the residence title pursuant to subsection 1 is issued for study purposes or for other educational purposes, Sections 16 and 17 shall apply accordingly.
In the cases covered by Section 17, the residence title shall be issued without the approval of the Federal Employment Agency. If the temporary residence permit is issued pursuant to subsection 1, the period referred to in sentence 1 shall begin when the holder is permitted to take up employment for the first time.
After this period has elapsed, the temporary residence permit shall entitle the holder to pursue an economic activity. Part 8 Involvement of the Federal Employment Agency.
Section 39 Approval of employment for a foreigner. Such approval may be granted if laid down in intergovernmental agreements, an act or a statutory instrument.
German workers and foreigners of equal status shall also be deemed to be available if they can only be placed with assistance from the Federal Employment Agency.
The future or present employer of a foreigner who requires or has obtained approval for such employment must furnish the Federal Employment Agency with information on pay, working hours and other terms and conditions of employment.
As for the rest, the legal provisions governing the approval by the Federal Employment Agency shall be applied to the work permit in the absence of any law or statutory instrument to the contrary.
The Federal Employment Agency may determine demand-oriented admission figures with regard to approving the granting of a residence title for seasonal work and a seasonal work permit.
Section 40 Grounds for denial. The approval may be revoked and the seasonal work permit withdrawn if the foreigner is employed on less favourable terms than comparable German workers or the conditions stipulated in Section 40 are met.
Section 42 Authorisation to issue regulations and instructions. Section 43 Integration course. The aim of the integration course shall be to successfully impart the German language, legal system, culture and history to foreigners.
In this way, foreigners are supposed to become acquainted with the way of life in the federal territory to such an extent as to enable them to act independently in all aspects of daily life, without the assistance or mediation of third parties.
The integration course shall be coordinated and carried out by the Federal Office for Migration and Refugees, which may enlist the services of private or public organisations to this end.
Reasonable fees should be charged for attending the integration course, according due consideration to the ability to pay.
This shall not include the examination and certification requirements of the final integration course tests, which shall be defined by statutory instruments issued by the Federal Ministry of the Interior without Bundesrat approval.
Section 44 Entitlement to take an integration course. Permanent residence shall generally be assumed if the foreigner is issued a temporary residence permit valid for at least one year or has held a temporary residence permit for more than 18 months, unless the stay is of a temporary nature.
This shall not apply if the foreigner was unable to register for an integration course within that period for reasons beyond his control.
In cases covered by sentence 1, no. This provision shall apply accordingly to German nationals who do not have a sufficient command of the German language and have special integration needs, as well as to foreigners.
It shall be assumed that asylum applicants from a safe country of origin pursuant to Section 29a of the Asylum Act will not be permitted to remain lawfully and permanently.
Section 44a Obligation to take an integration course. In the cases covered by sentence 1, no. In the cases covered by sentence 1, nos.
Where, in individual cases, the institution providing basic security for job seekers decides otherwise, it must notify the foreigners authority accordingly, which shall then revoke the obligation.
The obligation shall be revoked where it is unreasonable to expect a foreigner to attend a part-time course in addition to pursuing an economic activity.
Further, when issuing a residence title pursuant to Section 25 1 or 2 , the foreigners authorities may oblige a foreigner to take an integration course if he only has a basic command of the German language.
The foreigners authority may take administrative enforcement measures in order to enjoin the foreigner to meet his obligation to take an integration course.
In case of non-compliance with the obligation to take an integration course, the prospective charge to cover costs may also be levied in advance in a single sum by issuing an official notice of fees.
Section 45 Integration programme. Section 45a Job-related language training; authorisation to issue statutory instruments. As a rule these courses shall build on the general language training provided in the integration courses.
Job-related language training shall be coordinated and conducted by the Federal Office for Migration and Refugees.
The Federal Office for Migration and Refugees shall commission private or public institutions to run the job-related language training courses.
Labour market integration benefits pursuant to Book Two of the Social Code and active job promotion benefits pursuant to Book Three of the Social Code shall remain unaffected.
Participation in job-related language training shall not be open to foreigners who have permission to remain pending the asylum decision pursuant to the Asylum Act and who are not expected to be given permission to remain lawfully and permanently.
Chapter 4 Administrative provisions. Section 46 Administrative orders. A foreigner may otherwise be prohibited from leaving the federal territory only if he intends to enter another state without possessing the necessary documents and permits.
The departure ban shall be lifted as soon as the reason for its imposition ceases to apply. Section 47 Prohibition and restriction of political activities.
Section 48 Obligations relating to identification papers. If the foreigner fails to meet his obligation and if there is reason to believe that he is in possession of such documents or data carriers, he and the objects on his person may be searched.
The foreigner shall be required to tolerate this measure. Where there is reason to believe that analysing data carriers would provide only insights into the core area of private life, the measure shall not be permissible.
The foreigner must provide the access data required for the permissible analysis of data carriers.
The data carriers may be analysed only by employees who are qualified to hold judicial office. Insights into the core area of private life which are acquired in the course of analysing data carriers may not be utilised.
Records thereof shall be deleted immediately. A written record shall be made of the fact of their acquisition and deletion. Where personal data acquired in the course of analysing data carriers are no longer necessary for the purposes set out in sentence 1, they shall be deleted immediately.
Subsection 3 shall remain unaffected. Section 23 1 of the Judicial Remuneration and Compensation Act shall apply accordingly to compensation paid to service providers.
Section 49 Verifying, establishing and documenting identity. Biometric data within the meaning of sentence 1 shall comprise only the fingerprints and the photograph.
The measures shall be permissible on foreigners aged 14 or over; any doubts as to whether the foreigner has reached 14 years of age shall be to the detriment of the foreigner.
Such recordings may only be made if the foreigner is informed beforehand. In accordance with sentence 1, only photographs and prints of all ten fingers may be taken.
The identity of a foreigner below the age of 14 shall be documented under the conditions of sentence 1 only by taking a photograph. Section 49a Database for found documents.
Section 49b Contents of the database for found documents. Only the following data shall be stored in the file pursuant to Section 49a Chapter 5 Termination of stay.
Part 1 Grounds establishing the requirement to leave the federal territory. Section 50 Requirement to leave the federal territory.
If this is the case, the foreigner who is obliged to leave the federal territory must be required to proceed to the territory of such state without delay.
A foreigner subject to a ban on entry and residence pursuant to Section 11 may be reported for the purposes of refusal of entry and, in the event of his being found in the federal territory, for the purposes of his apprehension.
Section 66 of the Asylum Act shall apply accordingly to foreigners who have been allocated in accordance with Section 15a. Section 51 Termination of lawful residence; continued validity of restrictions.
The permanent settlement permit of a foreigner cohabiting with a German as his spouse shall not expire pursuant to subsection 1, nos.
On request, the foreigners authority at the place of the foreigner's last habitual residence shall issue a certificate confirming the continued validity of the permanent settlement permit.
By derogation from subsection 1, nos. The foreigner shall have no entitlement to the renewed issuance of a residence title on the basis of his recognition as a person entitled to asylum or by virtue of having been incontestably granted refugee status by the Federal Office for Migration and Refugees if he has left the federal territory and the competence for issuing a travel document has passed to another state.
The opinion shall be considered by the competent authority if it is received from the other member state in sufficient time.
Subsections 2 to 4 shall apply accordingly to the cases specified in sentence 1, nos. The same shall apply to the permanent settlement permit of a foreigner who has resided lawfully in the federal territory for at least 15 years and to the permanent settlement permit of a spouse cohabiting with the foreigner if he is 60 years of age or older.
In the case of sentence 1, a national visa or a temporary residence permit which have not been granted for the purpose of employment must be revoked to the extent to which they permit employment.
If the ICT Card or the Mobile ICT card is revoked, the residence title granted to the dependant must be revoked at the same time, unless the dependent has an independent entitlement to a residence title.
A temporary residence permit pursuant to Section 25 4a , sentence 1 should also be revoked if the foreigner has voluntarily re-established contact with the persons pursuant to Section 25 4a , sentence 2, no.
The condition shall be waived if. Section 54 Interest in expulsion. Section 55 Interest in remaining. Section 56 Monitoring for internal security reasons of foreigners required to leave the country.
An obligation to report to the police authorities in line with sentence 1 may be imposed if the foreigner.
An order pursuant to subsections 3 and 4 shall be immediately enforceable. Section 56a Electronic location monitoring; authorisation to issue statutory instruments.
It may be extended by three-month periods at most, provided the requirements continue to be met. If the prerequisites for the order cease to exist, the measure is to be stopped immediately.
The authorisation stipulated in sentence 3 may be transferred, by a statutory instrument, from the Land governments to the supreme Land authorities responsible for enforcing this Act.
The data stored pursuant to subsection 3, sentence 1 must be deleted no later than two months after their collection, insofar as they are not used for the purposes stated in subsection 4.
Any retrieval of data must be logged. The log data must be deleted after twelve months. If location data are collected in the home of the person concerned which go beyond the fact that he is present or not, they may not be used and must be deleted immediately after having been noticed.
A written record shall be made of the fact that such data have been noticed and deleted. This record may be used exclusively for the purpose of data protection monitoring.
It must be deleted when the data protection monitoring is completed. Part 2 Enforcement of the obligation to leave the federal territory.
If one of the conditions stipulated in Section 59 1 , sentence 2 becomes applicable within the period allowed for departure, the foreigner shall be deported before its expiry.
Section 60 2 , 3 , 5 and 7 shall remain unaffected. The obligation to leave the federal territory shall otherwise become enforceable only when the denial of the residence title or another administrative act requiring the foreigner to leave pursuant to Section 50 1 takes effect.
Section 58a Deportation order. The deportation order shall be immediately enforceable; no notice of intention to deport shall be necessary.
The supreme Land authority must be notified accordingly. Deportation orders issued by the Federation shall be enforced by the Federal Police. Section 59 2 and 3 shall apply accordingly.
Assessment in this context shall be carried out by the authority deciding on the deportation order; this authority shall not be bound by findings reached in this connection in other proceedings.
An application for temporary relief pursuant to the Code of Administrative Courts Procedure shall be filed within seven days of announcement of the deportation order.
Deportation may not be enforced until the period in accordance with sentence 2 has expired and, if an application for temporary relief is filed in time, until the court has decided on said application.
Section 59 Deportation warning. By way of exception, a shorter period may be set or such a period may be waived altogether if, in individual cases, it is vital to safeguard overriding public interests, in particular where.
Under the conditions stipulated in sentence 2, serving notice of intention to deport may also be waived if.
Taking account of the particular circumstances of each case, the period allowed for departure may be extended as appropriate or a longer period may be set.
Section 60a 2 shall remain unaffected. If the obligation to leave or the notice of intention to deport ceases to be enforceable, the period allowed for departure shall be interrupted and shall begin to run again when the obligation or notice becomes enforceable once more.
No renewed setting of a period shall be required. When the period allowed for voluntary departure expires, the foreigner shall not be informed of the date of the deportation.
The state to which the foreigner must not be deported shall be specified in the notice of intention to deport. If the administrative court establishes the existence of a deportation ban, the validity of the notice of intention to deport shall otherwise remain unaffected.
The provisions enabling the foreigner to assert the validity of the circumstances referred to in sentence 1 through a court of law by means of a legal action or the temporary relief procedure pursuant to the Code of Administrative Procedure shall remain unaffected.
An impending deportation should be announced at least one week beforehand. A period of at least three months shall be allowed for departure. The foreigners authority may refrain from setting a period allowed for leaving the country pursuant to sentence 1 or may annul or reduce the period allowed for departure, if.
The foreigners authority or a body authorised by it shall inform the foreigner of the prevailing arrangements, programmes and measures for victims of criminal offences stated in Section 25 4a , sentence 1.
Section 60 Prohibition of deportation. This shall also apply to persons who are entitled to asylum and to foreigners who have been incontestably granted refugee status or who enjoy the legal status of foreign refugees on other grounds in the federal territory or who have been granted foreign refugee status outside of the federal territory in accordance with the Convention relating to the Status of Refugees.
Where the foreigner cites the ban on deportation pursuant to this subsection, the Federal Office for Migration and Refugees shall establish in an asylum procedure whether the conditions stated in sentence 1 apply and the foreigner must be granted refugee status, except in cases covered by sentence 2.
The decision by the Federal Office shall only be contestable subject to the provisions of the Asylum Act.
Subsection 1 , sentences 3 and 4 shall apply accordingly. A substantial concrete danger for health reasons shall only exist in the case of life-threatening or serious illness which would significantly worsen if the foreigner is deported.
It is not necessary for medical care in the destination state to be comparable to medical care in the Federal Republic of Germany.
Sufficient medical care shall generally also exist where this is guaranteed only in parts of the state of destination.
Dangers pursuant to sentence 1 to which the population or the segment of the population to which the foreigner belongs are generally exposed shall receive due consideration in decisions pursuant to Section 60a 1 , sentence 1.
The same shall apply if the foreigner meets the conditions stipulated in Section 3 2 of the Asylum Act. Subsections 2 through 7 shall remain unaffected.
Those states to which the foreigner must not be deported shall be specified in the notice of intention to deport. Section 60a Temporary suspension of deportation Duldung.
Section 23 1 shall apply to a period in excess of six months. A foreigner may be granted a temporary suspension of deportation if his continued presence in the federal territory is necessary on urgent humanitarian or personal grounds or due to substantial public interests.
In the cases referred to in sentence 4, the suspension of deportation shall be granted for the duration of the vocational training specified in the training contract.
Suspension of deportation pursuant to sentence 4 shall not be granted and suspension of deportation granted in accordance with sentence 4 shall expire if the foreigner has been convicted of an offence intentionally committed in the federal territory; no account shall generally be taken of fines of a total of up to 50 daily rates or of up to 90 daily rates in the case of criminal offences which can, under the Residence Act or the Asylum Act, only be committed by foreigners.
If the foreigner does not undertake or discontinues the training, the training enterprise shall be obliged to notify the competent foreigners authority in writing immediately, generally within one week.
The notification shall include the facts to be notified and when they arose, as well as the surnames, given names and the nationality of the foreigner.
The suspension of deportation granted pursuant to sentence 4 shall expire if the foreigner no longer undertakes or discontinues the training.
If the training relationship is terminated before completion or is discontinued, the foreigner shall be granted a one-time suspension of deportation for six months for the purpose of seeking another training place in order to begin vocational training in accordance with sentence 4.
Suspension of deportation granted in accordance with sentence 4 shall be extended by six months for the purpose of seeking employment which is commensurate with the acquired professional qualification if, after successfully completing the vocational training for which the suspension of deportation was granted, the foreigner is not kept on in the training enterprise; the suspension of deportation granted to enable the foreigner to look for employment may not be extended for this purpose.
Section 60a shall otherwise remain unaffected. Suspension pursuant to sentence 1 shall not be extendible. Entry of the foreigner into the federal territory must be permitted.
The foreigner must substantiate an illness which might impede the deportation by submitting a qualified medical certificate.
This medical certificate should in particular document the factual circumstances on the basis of which the professional assessment was made, the method of establishing the facts, the specialist medical assessment of the disease pattern diagnosis , the severity of the illness and the consequences which will, based on the medical assessment, presumably result from the situation which arose on account of the illness.
If the foreigner submits a certificate and the authority then orders a medical examination, the authority shall be entitled not to give consideration to the illness as submitted if the foreigner does not comply with the order without sufficient reason.
The foreigner shall be informed of the obligations and of the legal consequences of any breach of these obligations pursuant to this subsection.
The suspension shall be revoked when the circumstances preventing deportation cease to apply. The foreigner shall be deported without delay when the suspension lapses, without any renewed notice of intention to deport specifying a deadline, unless the suspension is renewed.
If deportation has been suspended for more than one year, prior notice of at least one month shall be served in case of intended deportation by way of revocation; such notice shall be repeated, if the suspension has been renewed for more than one year.
Foreigners shall in particular be responsible for reasons in accordance with sentence 1 no. Section 61 Geographic restrictions; residence restriction, departure facilities.
The geographic restriction pursuant to sentence 1 may be waived if the foreigner is entitled to take up employment without screening pursuant to Section 39 2 , sentence 1, no.
The same shall apply if this serves to preserve the family unit. The foreigner must proceed to such location without delay after entering the federal territory.
Where it is impossible to determine which foreigners authority is responsible, Section 15a shall apply accordingly. If the foreigners authority does not order any other measure, this shall be the place of residence at which the foreigner was residing when the decision to temporarily suspend deportation was taken.
The foreigners authority may amend the residence restriction ex officio or at the foreigner's request; account shall be taken of the household community of family members or of other humanitarian grounds of comparable importance.
The foreigner may temporarily leave the place determined in the residence restriction without obtaining permission. At such departure facilities, the willingness to leave the federal territory voluntarily should be promoted through support and counselling and accessibility for authorities and courts and implementation of the departure procedure should be ensured.
Section 62 Custody awaiting deportation. The detention shall be limited to the shortest possible duration. Minors and families with minors may be taken into custody awaiting deportation only in exceptional cases and only for as long as is reasonable taking into account the well-being of the child.
The duration of custody to prepare deportation should not exceed six weeks. In case of expulsion, no new judicial order shall be required for the continuation of custody up to expiry of the ordered term of custody.
By way of exception, the order for custody to secure deportation pursuant to sentence 1, no. In cases in which the foreigner hinders his deportation, it may be extended by a maximum of twelve months.
A period of custody to prepare deportation shall count towards the overall duration of custody to secure deportation.
The foreigner shall be brought before the court without delay for a decision on the order for custody to secure deportation. Section 62a Enforcement of custody awaiting deportation.
If there are no specialised detention facilities in the federal territory or if the foreigner poses a significant threat to the life and limb of others or to significant legally protected internal security interests, custody awaiting deportation may be enforced in other custodial institutions; in such cases the persons in detention awaiting deportation shall be accommodated separately from prisoners serving criminal sentences.
If several members of a family are detained, they shall be accommodated separately from other detainees awaiting deportation.
They shall be guaranteed adequate privacy. Particular attention must be paid to the situation of vulnerable persons.
Section 62b Custody to secure departure. The ordering of custody to secure departure shall be waived if the foreigner credibly asserts or it is obvious that he does not intend to evade deportation.
Custody to secure departure shall not be permissible if it has been established that the deportation cannot be carried out within the period stipulated in the order referred to in sentence 1.
Chapter 6 Liability and fees. Section 63 Obligations of transport carriers. Any objections or legal actions shall have no suspensory effect; this shall also apply with regard to the imposition of a fine.
The fine may be set and enforced by the Federal Ministry of the Interior or a body designated by it. Section 64 Return transport obligation on the part of transport carriers.
The obligation shall expire if the foreigner is granted a residence title under the terms of this act. Section 65 Obligations of airport operators.
The operator of a commercial airport shall be obliged to provide suitable accommodation on the airport premises for foreigners who do not possess a required passport or a required visa until the decision on admission is enforced by the border police.
Section 66 Parties liable for costs; security. A carrier who culpably contravenes an order pursuant to Section 63 2 shall, in addition to the foreigner, be liable for any other costs arising from refused entry in cases covered by Section 64 1 or from deportation in cases covered by Section 64 2.
The persons listed in sentence 1, nos. The order for security to be furnished by the foreigner or the party liable for costs pursuant to subsection 4, sentences 1 and 2 may be enforced by the authority which has issued the order without a prior writ of execution and without allowing a period for payment, if recovery of the costs would otherwise be at risk.
Section 67 Scope of liability for costs. The general principles for calculating public-sector personnel costs shall apply with regard to calculation of the personnel costs.
Section 68 Liability for living expenses. Expenses which are based on the payment of contributions shall not require reimbursement.
It shall be enforceable in accordance with the Administrative Enforcement Act. The public body which has expended the public funds shall be entitled to the reimbursement.
The recipient may only use the data for the purpose of reimbursing the public funds expended for the foreigner and refusing further benefits.
Section 68a Transitional provision regarding declarations of commitment. Section 68 1 , sentences 1 to 3, shall also apply to declarations of commitment made before 6 August , though with the proviso that a period of three years shall take the place of the period of five years.
If the period referred to in sentence 1 has already expired on 6 August , the commitment to reimburse public funds shall end on 31 August Fees may also be set orally.
Sentence 1 shall not apply to individually attributable public services rendered by the Federal Employment Agency pursuant to Sections 39 to Section of Book Three of the Social Code shall remain unaffected.
The fee must include the expenses regularly related to the service. The calculation of the fees is to be based on the costs which are eligible, according to business principles, for inclusion in the accounts as indirect and overhead costs, especially personnel and material costs and imputed costs.
Overhead costs shall also include the costs of legal and technical supervision. With regard to the fees to be charged by the diplomatic missions abroad, the Federal Foreign Office shall determine whether the fees will be charged in euros, in local currency or in a third currency.
The fee may be rounded to the next highest unit, depending on the general availability of units in the selected currency.
A surcharge of no more than 30 euros may be imposed for an individually attributable public service rendered outside of normal office hours at the request of the applicant.
Surcharges may also be imposed for individually attributable public services rendered for a national whose home country imposes fees in excess of those stipulated in subsection 3 on Germans for equivalent services.
Sentences 2 and 3 shall not apply to issuing or extending a Schengen visa. In setting surcharges, the maximum rates stipulated in subsection 5 may be exceeded.
The processing fee to apply for a permanent settlement permit or an EU long-term residence permit must not exceed half the fee charged to issue the respective permit.
This fee shall be offset against the fee for the individually attributable public service. The fee shall not be refunded if the application is withdrawn or if the individually attributable public service which is applied for is denied.
If the objection is successful, the fee shall be deducted from the fee for the individually attributable public service to be performed and the remainder shall be refunded.
Section 70 Limitation of actions in respect of claims. Chapter 7 Procedural provisions. Part 1 Areas of competence. The Land government or the body appointed by it may determine that only one or several specific foreigners authorities are competent.
In cases covered by Section 49 4 , the authorities initiating allocation pursuant to Section 15a shall also be responsible. The diplomatic missions abroad authorised by the Federal Foreign Office shall be competent in the cases covered by Section 49 5 no.
Section 71a Jurisdiction and notification. These shall cooperate with the authorities stated in Section 2 2 of the Act to Combat Clandestine Employment in prosecuting offences and imposing punishments.
This shall apply only to fines in excess of euros. Due consideration must be accorded to how well substantiated the findings to be communicated are.
Section 72 Consultation requirements. The authority which has expelled, removed or deported the foreigner must generally be consulted.
A foreigner who qualifies as requiring protection within the meaning of the Act to Harmonise Protection for Witnesses may be expelled or deported only in agreement with the Office for the Protection of Witnesses.
This shall be the case where public charges were preferred or preliminary investigations instituted for a criminal offence pursuant to Section 95 of this Act or pursuant to Section 9 of the Act on the General Freedom of Movement of EU Citizens and accompanying offences pursuant to the Criminal Code if the injustice done is minimal.
Thus, accompanying offences whose injustice was minimal shall be criminal offences pursuant to Section 1 , Sections , , , , 1 , 2 and 4 , Sections a, 1 and 2 , Section 1 , 2 and 4 and Sections , , , of the Criminal Code, unless these criminal provisions are violated several times on account of various acts or an application for prosecution has been filed.
Section 72a Security check of visa application data. The same shall apply to data pursuant to sentence 1 which the diplomatic mission abroad of another Schengen state responsible under Article 8 para.
Data shall not be transmitted pursuant to sentence 1 or sentence 2 where the data are transmitted pursuant to Section 73 1 sentence 1. After the authority which stored the data on persons referred to in sentence 1 in the Counter-Terrorism Database has labelled these data, the Federal Criminal Police Office shall transfer the data to the special organisational unit at the Federal Office of Administration for the check against data referred to in subsection 1, sentences 1 and 2, and they shall be stored there.
Suitable technical and organisational measures must be put in place to prevent unauthorised access to the content of the data sets.
This authority shall immediately send a note to the competent German diplomatic mission abroad via the Federal Office of Administration if there are grounds to deny the visa pursuant to Section 5 4 or there are other security reservations against issuing a visa.
This shall be deleted as soon as the special organisational unit in the Federal Office of Administration has established that the German diplomatic mission abroad shall not be notified pursuant to subsection 3, sentence 2 , otherwise it shall be deleted when the notification has been made.
Provisions regulating the transmission of data pursuant to other acts shall remain unaffected. The log data shall be secured by means of suitable measures to prevent unauthorised access and shall be destroyed at the end of the calendar year which follows the year of their generation, unless they are needed for a monitoring procedure which has already been initiated.
Responsibility in compliance with data protection law for the security check shall lie with the Federal Office of Administration.
The Federal Criminal Police Office shall be responsible in compliance with data protection law for ensuring that the transmitted data reflect the current status of the Counter-Terrorism Database.
They shall be deleted if the conditions for their storage pursuant to subsection 2, sentence 1, are no longer met or the data are deleted in the Counter-Terrorism Database.
Section 11 4 of the Act on Setting up a Counter-Terrorism Database shall apply accordingly to the examination of the continued existence of the conditions permitting storage of the data pursuant to subsection 2, sentence 2.
Section 73 Other consultation requirements in visa procedures, in public register and asylum procedures and in issuing residence titles.
The procedure pursuant to Section 21 of the Act on the Central Register of Foreigners shall remain unaffected. In cases covered by Section 14 2 , the respective authorities charged with policing cross-border traffic may transmit the data collected in the visa application procedure to the authorities referred to in sentence 1.
A check against other data sets shall also be permissible at the Federal Office of Administration for these purposes. The Federal Office for the Protection of the Constitution may provide technical support for the transmission of data to the Land Offices for the Protection of the Constitution.
The German diplomatic missions abroad and foreigners authorities shall immediately inform the security authorities and intelligence services referred to in sentence 1 of the length of validity of the residence titles which have been issued or extended; should the authorities referred to in sentence 1 become aware of grounds for denial pursuant to Section 5 4 or other security reservations during the period of validity of the residence title, they shall immediately notify the competent foreigners authority or the competent diplomatic mission abroad.
The authorities referred to in sentence 1 may store and use the data transmitted if necessary to discharge their statutory duties.
The Federal Office of Administration shall promptly make this information available to the authorities responsible for the asylum procedure and for decisions on residence matters.
The further transmission of data between the authorities referred to in sentence 1 and the authorities responsible for the asylum procedure and for decisions on residence matters which is required as a result of the transmission pursuant to subsection 1a and sentences 1 and 2 may be effected via the Federal Office of Administration.
The authorities referred to in sentence 1 may store and use the data transmitted to them as far as necessary to discharge their statutory duties.
The Federal Office of Administration shall store the transmitted data for as long as necessary for the purposes of the security check.
Section 73a Notification of the issuance of visas. Notifications from German diplomatic missions abroad concerning visas issued without prior transmission of data pursuant to Section 73 1 may be transmitted via the competent body to the authorities listed in sentence 1 for the purpose stated in sentence 1; data on persons other than the holder of the visa shall not be transmitted.
Section 73 3 , sentences 3 and 4 shall apply accordingly. Section 73b Background check of persons and organisations involved in visa procedures.
At regular intervals and as occasion demands, the Federal Foreign Office shall conduct repeat background checks of the persons referred to in sentence 1.
The background check shall be carried out after the person concerned has provided written consent. The security authorities and intelligence services referred to in sentence 1 shall immediately notify the Federal Foreign Office of any security reservations.
The Federal Foreign Office shall also conduct a background check on the owner and the managing director of the legal entity in the country in which the cooperation is planned.
Subsection 1, sentence 2 and 3, and subsections 2 to 4 shall apply accordingly. Section 73c Cooperation with external service providers.
Section 74 Consulting the Federation; authority to issue instructions. Section 74a Transit of foreigners. Foreign states may return foreigners to another state from their territory via the federal territory or readmit foreigners into their territory from another state via the federal territory, subject to the permission of the competent authorities transit operations.
Transit operations shall be carried out on the basis of intergovernmental agreements and legislation of the European Union.
The foreigner in transit must tolerate the necessary measures in connection with his transit journey. Part 2 Federal Office for Migration and Refugees.
Notwithstanding its duties in accordance with other acts, the Federal Office for Migration and Refugees shall have the following duties:.
Part 3 Administrative procedures. Section 77 Written form; exemption from formal requirements. An administrative act denying a residence title or invalidating a residence title shall be accompanied by an explanation, as shall decisions on applications for time limits to be applied pursuant to Section 11 1 sentence 3.
The explanation shall inform the foreigner as to the legal remedy available in order to challenge the administrative act, the body with which the corresponding appeal is to be lodged and the deadline to be observed; in other cases the deportation warning shall be included with the aforementioned explanation.
If another reason exists for the obligation to leave the federal territory, sentence 1 shall apply accordingly to the deportation warning and the information on available legal remedies which shall be included with this pursuant to subsection 1, sentence 3.
The translation may be provided in oral or written form. The foreigner shall not be entitled to a translation if he has entered the federal territory unlawfully or has been expelled on the grounds of a criminal conviction.
In the cases referred to in sentence 4, the foreigner shall be given a standard form containing explanations, which shall be made available in at least five of the most commonly spoken or understood languages.
Sentences 1 to 3 shall not apply if the foreigner has not yet entered or has already left the federal territory. Section 78 Documents with an electronic storage and processing medium.
Temporary residence permits to be issued in accordance with the Agreement between the European Community and its member states, of the one part, and the Swiss Confederation, of the other, on the free movement of persons of 21 June OJ L , Documents pursuant to sentences 1 and 2 shall contain the following visibly displayed items of information:.
Subject to the conditions stipulated in Section 48 2 or 4 , a document pursuant to sentence 1 may be marked to indicate that it is a substitute identity document and that the personal details contained therein are based on the information furnished by the holder.
The signature of the applicant as required pursuant to sentence 3, no. It may contain only the following visibly displayed information:.
The serial number and the check digits may not include any information about the holder or indications of such information. Each document shall be assigned a new serial number.
The stored data shall be secured against unauthorised modification, deletion and retrieval. Fingerprints shall be taken of persons who are six years of age and older.
The provisions of the Trusted Services Act shall remain unaffected. In this respect, Section 2 3 to 7 , 10 and 12 , Section 4 3 , Section 7 4 and 5 , Section 10 1 , 2 sentence 1, 3 to 5 , 6 sentence 1, 7 , 8 sentence 1, and 9 , Section 11 1 to 5 and 7 , Section 12 2 sentence 2, Sections 13, 16, 18, 18a, 19 1 , 3 to 6 , Sections 19a, 20 2 and 3 , Sections 21, 21a, 21b, 27 2 and 3 , Section 32 1 nos.
In addition to the data listed in Section 18 3 sentence 2 of the Act on Identity Cards, the subsidiary provisions stored in accordance with subsection 3 no.
Subsection 2 sentence 3 shall apply accordingly with regard to the blocking code and to the blocking characteristics.
Both the address stored in the electronic storage and processing medium and the address to be displayed pursuant to subsection 1, sentence 3, no.
The same shall apply to the collection and use of personal data with the help of a document pursuant to subsection 1. Section 78a Forms for residence titles in exceptional cases, identity card substitute and certificates.
The standard form shall indicate that the document has been issued in exceptional circumstances. If fingerprints are recorded pursuant to sentence 2, no.
The same shall apply where photographs are incorporated in electronic form. Subsections 2 and 3 shall apply accordingly.
Section 78 1 sentence 4 shall remain unaffected. Section 79 Decision on residence. The foreigners authority shall decide whether the conditions specified in Section 60 5 and 7 apply on the basis of the knowledge in its possession and the knowledge accessible in the federal territory and, where necessary in individual cases, the knowledge accessible to the authorities of the Federation outside of the federal territory.
If a foreigner is of age under the law of his home country, his legal capacity and capacity to contract shall remain unaffected. Section 81 Applying for the residence title.
The application for a child born in the federal territory who is not to be granted a residence title ex officio shall be filed within six months of birth.
If the application is filed too late, deportation shall be deemed to be suspended from the time of application up to the time of the decision by the foreigners authority.
This shall not apply to visas pursuant to Section 6 1. If the application to issue or extend a residence title was filed too late, the foreigners authority may order that the previous residence title remains valid in order to avoid undue hardship.
Section 82 Cooperation by the foreigner. The foreigners authority may set him a reasonable deadline for this purpose. It shall set him such a deadline when postponing the processing of an application for a residence title on account of lacking or incomplete information and shall specify the information to be furnished subsequently.
Circumstances put forward and documents furnished after said deadline has expired may be ignored. Foreigners who have applied for an ICT Card pursuant to Section 19b shall be obliged to inform the competent foreigners authority of any changes that occur during the application procedure and affect the conditions for granting an ICT Card.
If a time limit is set, he shall be informed of the consequences of failure to observe the set deadline. If a foreigner fails to comply with an order pursuant to sentence 1, the order may be enforced using direct force.
Section 40 1 and 2 , Sections 41, 42 1 , sentences 1 and 3 of the Act on the Federal Police shall apply accordingly.
This shall not apply if the foreigner may take up employment without permission which can only be granted with an approval pursuant to Section 39 2.
The foreigner shall be informed of his obligation pursuant to sentence 1 when the residence title is issued. Section 83 Limits on the right of appeal.
Upon being denied a national visa and a passport substitute at the border, the foreigner shall be informed of the possibility of filing an application with the competent diplomatic mission abroad.
Section 84 Effects of an objection and a legal action. An action filed against the ordering of a ban on entry and residence pursuant to Section 11 7 shall have no suspensory effect.
For purposes pertaining to admission or the pursuit of an economic activity, the residence title shall be deemed to remain in force until expiry of the deadline for raising an objection or instituting legal action, during judicial proceedings concerning a permissible application for the institution or restoration of suspensory effect or for as long as the submitted legal remedy has a suspensory effect.
The lawfulness of residence shall not be interrupted if the administrative act is revoked by an official decision or by an incontestable court ruling.
Section 85 Calculation of residence periods. Section 85a Proceedings in case of specific indications of wrongful acknowledgement of paternity.
If it is established that paternity was wrongfully acknowledged, the foreigners shall determine this through a written or electronic administrative act.
If it is established that paternity was not wrongfully acknowledged, the foreigners authority shall discontinue the proceedings.
If the authority discontinues the proceedings, it shall inform the administrative authority recording acknowledgements, the parties concerned and the registry office in written or electronic form.
Section 86 Collection of personal data. The authorities charged with implementing this Act may collect personal data for the purpose of implementing this Act and provisions relating to foreigners contained in other acts, where this is necessary to discharge their duties under this Act and in accordance with provisions relating to foreigners in other acts.
Section 87 Transfer of data and information to foreigners authorities. Public bodies should notify the competent foreigners authority immediately if, in discharging their duties, they become aware of special integration needs within the meaning of a statutory instrument enacted pursuant to Section 43 4.
Sentence 1 shall apply accordingly to initiating extradition proceedings against a foreigner. Sentence 1 shall not apply to proceedings for an administrative offence which is punishable by a fine of up to 1, euros, nor to proceedings for an offence within the meaning of Section 24 of the Road Traffic Act or for an offence committed negligently within the meaning of Section 24a of the Road Traffic Act.
The Office for the Protection of Witnesses shall notify the competent foreigners authority immediately of the beginning and end of witness protection for a foreigner.
Section 88 Transmission of data and information in the case of special statutory regulations on the use of data.
In cases covered by sentence 1, the authorities charged with policing cross-border traffic may also be notified if a departure ban is to be issued pursuant to Section 46 2.
Section 88a Processing data in connection with integration measures. The private and public institutions authorised to conduct integration courses may inform the competent foreigners authority, the Federal Employment Agency, the competent institution providing basic security for job seekers or the competent institution providing services under the Asylum Seekers Benefits Act of the failure by a foreigner obliged to participate in an integration course pursuant to Section 44a 1 sentence 1 to duly attend an integration course.
On request, the Federal Office for Migration and Refugees may forward the data transmitted pursuant to sentence 1 to foreigners authorities, the Federal Employment Agency, institutions providing basic security for job seekers or institutions providing services under the Asylum Seekers Benefits Act and nationality authorities as far as necessary to grant permission or entitlement to attend an integration course, to verify the fulfilment of the obligation to attend, to extend a temporary residence permit, to grant a permanent settlement permit or an EU long-term residence permit, to supervise the integration agreement or conduct the naturalisation procedure.
In other respects, the processing and use of personal data by the Federal Office for Migration and Refugees shall be permissible only to conduct and invoice integration courses and to conduct a scientific research project pursuant to Section 75 no.
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