Foreigners‘ law: Foreign spouses of Germans can be required to attend an integration course.

In recent years, there has been passionate discussion about the integration of foreigners into German society. To improve the integration of foreigners living here, the federal government, the federal states, municipal associations, and various civil organizations agreed on the National Integration Plan on July 14, 2006.

The goal of the National Integration Plan is to enhance integration courses, promote the German language, ensure education and training, promote equality, and so forth.

Integration courses are considered the primary means by all parties involved.

According to Section 43 (2) of the Residence Act (AufenthG), the aim of the integration course is to successfully convey to foreigners the language, legal system, culture, and history of Germany. Foreigners should become sufficiently familiar with living conditions in Germany so that they can independently handle all matters of daily life without the help or mediation of others.

According to Section 44 (1) of the Residence Act, foreigners who are permanently residing in Germany are entitled to participate in an integration course if they have been granted a residence permit for employment purposes (§§ 18, 21), for family reunification (§§ 28, 29, 30, 32, 36), for humanitarian reasons under § 25 (1) or (2), as a long-term resident under § 38a, or a residence permit under § 23 (2).

To further advance integration, foreigners can be required to attend an integration course.

Section 44a (1) of the Residence Act stipulates that a foreigner is obliged to participate in an integration course if they are entitled to participate under § 44 and cannot at least communicate in simple German or, at the time of issuance of a residence permit under § 23 (2), § 28 (1) Sentence 1 No. 1 or § 30, does not have sufficient knowledge of the German language, or if they receive benefits under the Second Book of the Social Code and participation in the integration course is provided for in an integration agreement under the Second Book of the Social Code, or if they are particularly in need of integration and the immigration authority requests their participation in the integration course.

On December 9, 2010, the Administrative Court of Neustadt an der Weinstraße had to decide whether a female spouse from Kosovo of a German citizen could be required to attend an integration course despite having to travel a long distance and organize childcare for her children.

Sachverhalt des gerichtlichen Verfahrens: Kosovarische Klägerin wurde durch die Ausländerbehörde zum Integrationskurs verpflichtet

The plaintiff, originally from Kosovo, had been living in the Rhein-Pfalz-Kreis for about four years and was married to a German citizen. Additionally, she had two young children, both of whom were German nationals.

Due to the plaintiff’s insufficient German language skills, the defendant (Rhein-Pfalz-Kreis) required her to attend an integration course, arguing that as the mother of two German children, she had a role model function and thus needed to acquire at least basic German language skills.

Plaintiff Refuses Participation Due to Childcare Needs and Lack of Integration Needs

The plaintiff contested this decision, arguing that her children were being raised bilingually and that German language instruction was being provided by the father. Furthermore, she could only attend an integration course with childcare, which was not offered in the vicinity of her residence.

Ruling of the Administrative Court Neustadt an der Weinstraße

Verwaltungsgericht sieht besonderen Integrationsbedarf, da sie Vorbild für die Kinder ist

The court did not agree with the plaintiff’s argument. In the court’s view, the plaintiff had a particular need for integration because she was primarily responsible for her children’s upbringing and future education. Participation in a course was deemed reasonable to avoid and reduce language barriers. Further delays in integration could potentially lead to concrete disadvantages for her children’s integration.