Administrative Court of Münster, 21.07.2014, Case No.: 8 K 2769/13 21.07.2014, Ref.: 8 K 2769/13
If a foreigner living in Germany applies for a permanent residence permit, they must, according to § 9 (2) No. 7 of the Residence Act (AufenthG), demonstrate, among other things, that they have sufficient knowledge of the German language.
This language requirement can be waived under § 9 (2) Sentence 3, 4 of the Residence Act only in cases where the foreigner suffers from a physical, mental, or emotional illness or disability, or to avoid exceptional hardship.
A hardship case may exist, for example, if the foreigner is unable to meet the language requirements despite increased efforts, through no fault of their own.
Additionally, a hardship may also exist if a physical, mental, or emotional illness or disability does not make it impossible but significantly hinders the fulfillment of the requirements on a permanent basis (see No. 9.2.2.2.2 of the Residence Act Administrative Guidelines).
In the above-mentioned judgment of the Administrative Court of Münster, the court had to decide whether a Turkish woman who had been living in Germany for a long time was exempt from the language requirement of § 9 (2) No. 7 of the Residence Act due to various illnesses.
Introduction: Background of the Plaintiff
The plaintiff, a Turkish national born in 1960, came to Germany in 1992. The reason for her entry was family reunification with her husband, who was already living in Germany. She received a temporary residence permit on January 11, 1993, which was regularly renewed in the following years. Thus, the plaintiff lived in Germany for over two decades before applying for a permanent residence permit in March 2013. This permit would have granted her an unlimited right to stay in Germany. The permanent residence permit is a special form of residence title available in Germany for third-country nationals if they meet certain requirements, especially sufficient knowledge of the German language.
Rejection of the Application and Health Situation
The defendant, the competent immigration authority, informed the plaintiff that her application for a permanent residence permit would likely be denied due to the lack of the German language skills required under § 9 (2) Sentence 1 No. 7 of the Residence Act. In May 2013, the plaintiff explained that she was unable to acquire the necessary language skills due to severe health problems. She stated that she was suffering from a tumor and had undergone a complicated surgery in November 2012, with another surgery planned for autumn 2013. In addition to these physical impairments, the plaintiff referred to significant psychological disorders that made it impossible for her to learn German.
Legal Argumentation of the Plaintiff
The plaintiff argued that the conditions for the exceptional circumstances under § 9 (2) Sentence 2 of the Residence Act were met. This paragraph provides that the language requirements may be waived if the applicant is unable to meet them due to a physical, mental, or emotional illness or disability. Despite this argument and the medical certificates submitted, the defendant rejected the application for a permanent residence permit on August 23, 2013. The reasoning was that the medical documents submitted were not sufficient to prove that the plaintiff was permanently unable to acquire the required German language skills.
Lawsuit Before the Administrative Court of Münster
On September 11, 2013, the plaintiff filed a lawsuit with the Administrative Court of Münster. Among other arguments, she claimed that the judgment of the European Court of Justice (ECJ) from July 10, 2014 (C-138/13) was applicable to her case. In this judgment, the ECJ ruled that the German regulations requiring proof of basic German language skills for spousal reunification violate the right to free movement and family reunification. The plaintiff saw a parallel to her situation and argued that the language requirements were also inadmissible in her case.
Decision of the Administrative Court of Münster
However, the Administrative Court of Münster ruled against the plaintiff. It found that she had no claim to a permanent residence permit as she could not demonstrate the required German language skills according to § 9 (2) Sentence 1 No. 7 of the Residence Act. The court noted that during an interview with the immigration authority in March 2014, the plaintiff was unable to understand simple questions in German, indicating that she was not able to communicate orally in German on a basic level, as required by the applicable transitional provision of § 104 (2) of the Residence Act.
The court also examined whether the plaintiff could be exempt from the language requirements due to her health condition. According to § 9 (2) Sentence 3 of the Residence Act, the language integration requirements do not need to be met if the foreigner cannot fulfill them due to a physical, mental, or emotional illness or disability. However, the court concluded that the medical certificates provided were not sufficient to prove a permanent inability of the plaintiff to learn German. Although the certificates showed that the plaintiff suffered from various illnesses and had been treated in a hospital on several occasions, they did not indicate that she would be permanently unable to meet the language requirements.
Compatibility of the Language Requirement with EU Law
The judgment of the Administrative Court of Münster also examined the compatibility of the language requirement with Article 41 (1) of the Additional Protocol to the Association Agreement between the European Economic Community (EEC) and Turkey. This provision contains a so-called standstill clause, which prohibits the contracting parties from introducing new restrictions on the freedom of establishment and the free movement of services. The plaintiff argued that the language requirement constituted such a new restriction. However, the court disagreed, stating that the language requirement under § 9 (2) Sentence 1 No. 7 of the Residence Act did not restrict the plaintiff’s right to reside and establish herself in an EU member state. Rather, it was a legitimate means of promoting the integration of foreigners into German society.
Conclusion and Significance of the Judgment
The judgment of the Administrative Court of Münster highlights the challenges that foreign nationals in Germany face when attempting to obtain a permanent residence permit. Although the plaintiff cited health reasons, she could not demonstrate that these permanently prevented her from acquiring the required German language skills. Therefore, the court found no reason to waive the language requirements. It was also clarified that the language requirement does not constitute an inadmissible new restriction under the standstill clause. Thus, the language requirement remains a central element of integration policy in Germany.
This judgment underscores that health impairments alone are not sufficient to exempt an applicant from the requirements of the Residence Act. It also emphasizes the importance of language acquisition for integration and long-term residency in Germany, even in cases where EU law is involved.
Source: Administrative Court of Münster
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