By: Svenja Heuer
Svenja Heuer is a social worker and student of Languages and Cultures of the Islamicate World at the University of Cologne in Germany. She worked for several years in the field of migration social work in local refugee camps, migration counseling and for Youth Migration Services, a counseling and support program for young migrants in Germany.
How can individuals be expected to integrate into a society that systematically restricts their access to rights and opportunities? Beneath legal classifications and policy frameworks lie personal experiences shaped by instability, resilience, and exclusion. This text looks at how German migration law both supports and limits integration, using legal examples and experiences from social work practice.
In a seminar preceding the Summer Research Academy DiaMiGo II we discussed different concepts of integration and disintegration. The term integration is understood in multiple ways, most of which focus on measurable criteria. The researchers Michael Collyer, Sophie Hinger and Reinhard Schweitzer define integration “as a set of normative assumptions, practices, policies and discourses that are always embedded in specific contexts and directed at particular groups or categories of people” (Collyer et al. 2020, 2). Disintegration is understood in this context as a “supposed coming apart from society” and the “exclusion of certain individuals from society” (ibid.). Policies in several countries in the European Union focus on the integration of refugees and migrants. However, integration measures are usually reserved for certain groups and often lead to the disintegration of others. As a result, the two concepts are closely intertwined. Collyer et al. use the term (dis)integration to describe this intertwining (ibid., 3).
In political debates and integration discourses, the idea of limited capacity is often used. This concept is built on the assumption that resources are finite and insufficient to meet the needs of all newcomers, as if society were a container. That implies that not everyone can be integrated and that the integration of some people is linked to the disintegration of others. People are categorized into groups based on criteria like “deservingness” or “prospects of staying” in order to decide who may stay and integrate, and who may not. (ibid., 6-7).
In the following, I will present some examples from German residence law that illustrate such categorizations. I will link them to experiences from my work as a social worker in a consulting center for young newcomers in Germany, as well as from my time working in refugee camps.
There are several barriers that prevent certain people from being integrated. Collyer et al. refer to this as intentional disintegration (2020, 7). These disintegration measures turn integration into a privilege. In this context, integration is increasingly framed as an individual responsibility, with strong emphasis on successful labor-market participation and financial independence from state support (ibid.). Many residence permits require proof of sufficient means of subsistence – not only for the applicant, but also for any dependents. This requirement does not apply to humanitarian residence permits (Voigt 2024, 5-7). In order to find a job, basic German skills are necessary, and higher-paid jobs usually require more advanced German proficiency. Language courses are expensive; these costs may be covered by welfare institutions, but only for those who are eligible for social benefits. People who are excluded from financial support due to their residence status often have to pay for language courses themselves – something that is especially difficult if they are not allowed to work.
Fiktionsbescheinigung – Temporary Residence Permit Under the Fiction of Continued Legality
In 2022, when many people fled the war in Ukraine, it was announced that they would receive residence permits without having to apply for asylum. However, this only applied to people with Ukrainian citizenship or a permanent residence permit in Ukraine. Third-country nationals, many of them students from African countries who studied in Ukraine, were issued a "temporary residence permit under the fiction of continued legality" (Fiktionsbescheinigung). At the same time, they were encouraged to continue their studies in Germany or start vocational training. However, this Fiktionsbescheinigung did not include a work permit or access to integration courses (which are intensive language courses). The problem is that a high level of German language proficiency is required to enter university or start vocational training – something that is very difficult to achieve without access to proper language instruction.
In some areas, NGOs or volunteers offer free German classes for people who are excluded from official integration courses. However, especially in rural regions, such options are rare due to limited infrastructure.
A young Moroccan woman who came to my consulting center found herself in this situation. She had completed a pharmacy degree in Ukraine. Since she could not participate in an integration course, she attended a German class offered by an NGO volunteer and also studied on her own, eventually reaching B1 level. She wanted her degree recognized in Germany so that she would be able to work as a pharmacist. However, this is a regulated profession in Germany, and she was required to pass a language proficiency test specific to pharmacy at a C1 level and pay for the recognition process herself, as applicants are responsible for covering these costs. To avoid deportation to Morocco, she decided to start vocational training in a pharmacy – even though she had already studied the field and did not need to relearn it. Vocational training is one legal pathway to a residence permit in Germany, so many people with insecure status choose this route.
After finding a training position in a pharmacy, she applied to the immigration office for a work permit and residence permit. In her city, migration offices are slow in processing applications, and she had to wait. She almost lost the position because she could not start on time, but eventually began after a delay. A few weeks later, she was fired because she had been late several times, and her employer did not accept her explanation. She had to search for a new training position and eventually started vocational training in gastronomy in a takeaway restaurant. Although she did not want to work in that field, it was the only option available as she was running out of time.
Duldung – Tolerated Stay
In Germany, there is a special certificate called “Duldung” (tolerated stay), which temporarily suspends deportation. Rejected asylum seekers or people with expired visas receive this status when they do not meet the requirements for legal residence stay but also cannot be deported. Reasons for receiving a Duldung include the risk of family separation, severe illness, deportation bans, or missing travel documents (Pro Asyl 2024).
People with Duldung are not allowed to leave Germany, cannot apply for family reunification, and must apply for permission to work – sometimes without success. The Duldung is usually valid for only a short period, ranging from one to six months (ibid.). Employers, landlords, and banks often require documents with longer validity, making it difficult to find stable employment or housing, or to open a bank account. Duldung does not protect against deportation, so people live in constant fear of being deported at any time.
Some individuals live with Duldung for years, some even from birth. For those who are considered “well integrated” – based on factors such as German language skills, German school or university degrees, vocational training, or stable employment – there are options to apply for a residence permit. All have in common that people should be able to provide for themselves financially or have the prospect of doing so in future.
Since 2023, a new policy called the “opportunity residence permit” (Chancen-Aufenthaltsrecht) has given long-term tolerated individuals a pathway to secure legal status. This permit is granted for up to 18 months, during which time recipients can prepare to meet the criteria for other residence permits for “well-integrated” people. During this period, they are allowed to attend language courses, obtain work permits, and receive better benefits than those granted under Duldung (Integrationsbeauftragte 2023).
Below, I present two examples of young people who received the opportunity residence permit – one of whom was able to meet the criteria for a follow-up residence permit, while the other was not.
The first case involves a young man from Gambia who left his family and home country at the age of 13. He spent several years in various countries before arriving in Germany. His asylum application was rejected, and he was issued a Duldung. When I first met him, he already had the opportunity permit and was taking part in an integration course. He dreamed of becoming a carpenter, having worked in a woodworking shop since childhood. However, he had no school certificates due to years of displacement and missed education. In Germany, vocational training usually requires a school diploma. He then decided to work in order to become financially independent and meet the requirements for a residence permit for well-integrated migrants. Although he dislikes the job and the working conditions are poor, he eventually received the residence permit. He still dreams of becoming a carpenter one day.
The second case is a young mother of two small children from Tajikistan. When I first met her, she was living in a women’s shelter after experiencing domestic violence from her ex-husband. She also had the opportunity residence permit. Her goal was to return to school, earn a diploma, and begin vocational training. But first, she had to find an apartment for herself and the children, which was extremely difficult in the city where she lived. After several months, she finally secured housing and moved. She then started looking for kindergarten spots, but all local kindergartens had long waiting lists. At the same time, she tried to return to school but had no childcare during class hours and had to drop out. When it came time to apply for a follow-up residence permit, the immigration office ruled that she did not meet the requirements, and she was returned to Duldung status. While the law provides for exceptions for parents of young children, it is ultimately up to individual caseworkers to decide how these exceptions are applied.
Insecure legal statuses such as Fiktionsbescheinigung (for third-country nationals fleeing Ukraine) or Duldung cause enormous stress for those affected. On top of fears for family and friends back home, they live with constant anxiety about deportation. While there are pathways to secure residency, they are mostly available for those who succeed in learning German or becoming financially independent. Single parents, ill individuals, or people with trauma often struggle to meet these requirements.
People with these insecure statuses also face barriers to healthcare access. Often they must submit special applications for medical treatment or psychotherapy (BAfF 2020, 8-9). The process is time-consuming, and welfare institutions frequently reject applications on the grounds that treatment is not urgent. Even if approved, it can take months to secure an appointment with a medical specialist or therapist.
These are just a few examples of (dis)integration measures and the concept of limited capacity within German migration law. A more thorough explanation of the legal complexities would exceed the limitations on space here, but I hope this offers a small insight into the various situations and perspectives of refugees in Germany.
The case studies show that integration is often less about personal willingness and more about structural permission. German migration law offers pathways toward stability, but at the same time creates many obstacles and categories of exclusion that make “successful integration” unavailable to many. Reframing integration as a shared societal responsibility rather than individual task could be the first step toward reducing these contradictions.
If policymakers acknowledged that one of the greatest obstacles to integration is instability and not unwillingness, political debates and future reforms could focus more on reducing bureaucratic insecurity and expanding access to language courses, housing, and mental healthcare for all people regardless of their performance.
Author’s Bio:
Svenja Heuer is a social worker and student of Languages and Cultures of the Islamicate World at the University of Cologne in Germany. She worked for several years in the field of migration social work in local refugee camps, migration counseling and for Youth Migration Services, a counseling and support program for young migrants in Germany.
References
BAfF (Bundesweite Arbeitsgemeinschaft der Psychosozialen Zentren für Flüchtlinge und Folteropfer e.V.) (2020): Leitfaden zur Beantragung einer Psychotherapie für Geflüchtete. 08/2020. Berlin.
Collyer, Michael, Hinger, Sophie, and Schweitzer, Reinhard (2020): Politics of (Dis)Integration – An Introduction. In: Hinger, Sophie, and Schweitzer, Reinhard (Eds.) (2020): Politics of (Dis)Integration. Springer Open. 1-18).
Integrationsbeauftragte (Die Beauftragte der Bundesregierung für Migration, Flüchtlinge und Integration) (2023): Informationen zum Chancen-Aufenthaltsrecht. 02/01/2023. https://www.integrationsbeauftragte.de/ib-de/ich-moechte-mehr-wissen-ueber/chancen-aufenthalt (28/07/2025).
Pro Asyl (2024): Was ist eigentlich eine „Duldung“? 29/02/2024. https://www.proasyl.de/hintergrund/was-ist-eigentlich-eine-duldung/ (27/07/2025).
Voigt, Claudius (2024): Visum, Aufenthaltserlaubnis, Niederlassungserlaubnis: Die Sicherung des Lebensunterhaltes als Erteilungsvoraussetzung für einen Aufenthaltstitel. 01/2024. Deutscher Paritätischer Wohlfahrtsverband Gesamtverband e.V., Berlin.
