In Germany, the provisions in the constitution which provided refugees' protection have been amended in 1993. After this amendment, the number of asylum seekers has drastically decreased and this issue was solved tentatively. However, the problem of the de-facto refugees, whose applications were rejected but whose stay in Germany was temporarily approved based on humanitarian grounds etc., has newly emerged due to the restrictive recognition of asylum.
De-facto refugees were formally allowed to stay in Germany on a temporary basis, but many of them have actually stayed for more than six years and have become de-facto immigrants. Regardless of this situation, the German government has made a policy which promotes their repatriations. As a consequence, they are not granted work permits and thus depend on social welfare. These policies have kept them from being integrated in German society.
However, the German government recently offered a compromise by way of creating new laws, i.e. the Regulations on Remaining Rights ( Bleiberechtsregelung in 2007) and the Law for Controlling of Labor Migrants (Arbeitsmigrationssteuerungsgesetz in 2009). According to these laws, if de-facto refugees can make their own living subject to certain conditions, they may stay longer in a legally stable way. On top of this, de-facto prohibition against work was relaxed.
However, few refugees can benefit from these new policies. In spite of the relaxation of the prohibition on work, most refugees are forced to work as unskilled workers in the second labor market. Due to the fact that Germany has no interchangeable system in which foreigners can make use of the qualification they acquired in their countries of origin, refugees can't make use of their talent. Therefore, they are required to restart training in their skills in the host country, but the access to training is also virtually closed to them due to their residential status. As a result, most refugees can't make their own living.
The policies made recently for them are indeed formally more liberal, but can hardly contribute to the improvement of their social status. While only a handful of refugees whocan make their own living acquire stable residential status and get a chance to be integrated in German society, most others cannot acquire residential status. The German government should consider the present situation in which they face hardship socially and economically and adjust its policies in order to facilitate access to the labor market and job training opportunities.
In this article, these problems are analyzed by utilizing interviews with experts who are engaged in refugees' protection in civil society.
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