Welcome to migrationsrecht.eu!

For the latest news on German and EU immigration and asylum law

Migrationsrecht.eu is dedicated to reporting on the latest developments in European and German immigration and asylum law. Interest in German immigration and asylum policies outside of Germany has steadily been increasing ever since the recent influx of asylum-seekers and migrants into Germany and Europe began in 2015.

Our objective is to inform legal professionals from other EU countries as well as English-speaking foreigners living in Germany about the German government’s recent policy changes and the recent decisions made by the German courts, which address important legal issues affecting migrants and asylum-seekers. As Germany is bound to uphold EU law, the legal landscape is also subject to ongoing changes taking place at the European level, such as new EU directives and rulings issued by the Court of Justice of the European Union.

The migrationsrecht.eu team looks forward to keeping you informed of these developments as well as those taking place on a national level in Germany.

On March 28, 2019, the Federal Administrative Court in Leipzig ruled that under European Union legislation a spouse from a third country that is married to an EU citizen has the right to reside in Germany and is entitled to the right of free movement even if they live separately from one another and the EU citizen temporarily returns to his/her country of origin (BVerwG 1 C 9.18).

The Higher Administrative Court of Hesse issued a ruling on 5 March 2018 (case no: 9 B 56/19) withdrawing the right to free movement for European Union workers from a Bulgarian national. The Court issued this ruling because an overall assessment of the objective circumstances in her case led it to believe that she did not comply with the intent of the freedom of movement regulations, even though she formally met the conditions set out under EU law. The court came to this conclusion because the Bulgarian had acted with the intention of benefiting from EU law by arbitrarily meeting the prerequisites for freedom of movement as a worker in order to obtain additional social security benefits.

The Court of Justice of the European Union decided on 26 March 2019 in its judgment in case C-129/18 (SM v Entry Clearance Officer, UK Visa Section) that a minor in the guardianship of a citizen of the EU under the Algerian kafala system cannot be regarded as a ‘direct descendant’ of that citizen. However, that citizen’s Member State of residence must facilitate, following an assessment, that minor’s entry to and residence in its territory.