Security

When shaping residence regulations, security requirements must also be taken into account.
The Immigration Act consistently follows in the policy direction set by the Counter-Terrorism Act.

The most important new regulations in this area:

• The newly introduced deportation order provides for deportation on the basis of factual evidence of a potential threat.
• If a foreigner cannot be deported because there are reasons for withholding his removal (the threat of torture or capital punishment), then requirements to report to the authorities regularly, restrictions on freedom of movement and bans on communication backed up by appropriate penalties are to be imposed in order to improve security (Section 54a of the Residence Act).
• If a foreigner is sentenced to imprisonment on charges of human smuggling, this constitutes new and compelling grounds for expulsion.
• Factual evidence indicating that a foreigner belongs to or has supported an organization which supports terrorism results in regular expulsion. Regular expulsion also applies to leaders of banned organizations.
• Discretionary expulsion has been introduced for persons who incite hate and violence, such as agitators in mosques.
• Before issuing a settlement permit or deciding on an application for naturalization, the authorities make a standard request for information on any anti-constitutional activities by the person in question.

The Act to Implement Residence- and Asylum-Related EU Directives includes further optimization measures which are based on findings resulting from the attempted suitcase bomb attacks on regional trains in Northrhine-Westphalia in July 2006. These measures include in particular:

• Measures to establish and document the identity of all those who apply for a national (long-term) visa by taking their photographs and fingerprints which are stored in line with the same provisions that apply at the European level to the communitarized Schengen Visa;
• Vetting of all references mentioned in the visa procedure by addressing a request for information to the security authorities in line with Section 73of the Residence Act to establish whether there are any security concerns related to the visa applicant.
• in the context of requests for information under Section 73 paras. 1 and 2 of the Residence Act, the security authorities shall immediately communicate any security concerns even after the residence permit has been issued and during the entire period of its validity; 1 and 2 of the Residence Act).
• the period of validity of residence permits issued for study purposes or for study preparation purposes shall be determined on a more flexible basis.