'Concerning women'

Women tourists

Wives

Household employees

Women artists

Trade in women and forced prostitution (Frauenhandel und Zwangsprostitution)

Women tourists

As Tourists, women have a right of stay of three months. Women whose nationality dictates that they do not require a visa have the added advantage that their passports are not often stamped.

Since the implementation of the Schengen agreement it has become more and more difficult to obtain a visa. More so since a woman must prove to German representative agencies abroad that she does not intend to remain in Germany. According to German interpretation this includes the following criteria: Evidence of a contract of full-time employment in the country of origin, payment of social insurance contributions, available financial means, proof of existence of a number of one's own family members, an elder who can verify that the applicant does not intend to marry or will not require (nursing) care.

For women visitors from many countries an invitation and a declaration of liability from a German host are required. The declaration must assure the costs of support, lodging and medical services of the guests. Grounds for rejection of an application for a visitor's visa need not be given.

A three-month stay as a woman tourist rules out the possibility of a work permit.

Wives

Women entering Germany as wives (see also Marriage) often arrive via a partnership agency or with the help of bands illegally running individuals across the border. Such women often don't even know their partners or even the language, and are often victims of forced prostitution. Their husbands intimidate them with threats of deportation and in such a way make them compliant to their intentions. Clearly, trafficking in persons exists, but only in the most exceptional cases is it pursued as such (see section Trade in women and Forced prostitution).

The main means of intimidation is that a foreign wife receives an independent right of residence only after a considerable length of time. This is governed by paragraph 19 of the Aliens Act.

Furthermore, a wife only then receives a right of residence...

In such cases where a woman is the wife of an alien living in Germany, the following additional condition must also be met:

The 'hardship' regulation (Härtefallregelung)

Since October 1997, one year of marital cohabitation is sufficient in cases of hardship 'in order to render further residence for the spouse possible'. However, it is not very clear in legal terms, what is understood by the term hardship. Psychological and physical violence by the husband is considered an insufficient reason. The danger of 'substantial disadvantage' for the wife, in the country of origin is the main consideration when a marriage is annulled. Such risks must be substantiated by the women in each individual case. A hardship commission exists in Berlin, but it has very little influence in practice.

The hardship regulation practically authorises trade in women and wives: The husband can maintain that marital cohabitation no longer exists. In which case the woman is deported, and he can then procure for himself a new 'wife'. Federal German law encourages trade in women, prostitution and enables husbands to exchange their wives if they are no longer to their liking.

Hardship regulation in North Rhine-Westphalia (Nordrhein-Westfalen)

At the beginning of 1998, the state government of North Rhine-Westphalia defined a catalogue of criteria, enabling an unrestricted right of residence. The following grounds have been recognised for an independent right to residence for foreign spouses: Physical and psychological mistreatment, forced prostitution, the threat of forced abortion, severe discrimination in the country of origin, sexual violence against children living within the matrimonial household, and also, the care of a handicapped child.

Aliens subsequently allowed to reside in Germany as spouses normally receive an independent right of residence only after four years of marital cohabitation. The Bundestag passed a law in November 1997, providing for the right of residence after only one year of marriage in cases of 'extreme hardship'. At the same time however the Bundestag failed to define criteria for a case of hardship.

The exact wording of this law is as follows:

'Extreme hardship' according to paragraph 19, section 1, part 1, item 2, of the Aliens Act, is when the impending fate of a person in connection with the existing duty to return as a consequence of the denial of a residence permit, appears to be unjust.

Extreme hardship may be a consequence of specific conditions at home and abroad. They may be especially present...,

The listing is not conclusive, additional situations similar to exceptional hardship may be admissible. Furthermore, mature bonds and particularly well developed assimilation into the socio-economic life of federal Germany (e.g. leaving behind children with rights of residence who are in need of care, guardianship regulations, guardianship processes) are also to be taken into account. In the same way; extreme disadvantage abroad in consequence of a termination of matrimonial association. Disadvantages may for example develop from the view that in some countries the decision to divorce is the reserved right of the husband and a divorced woman is subjected to severe social discrimination. In contrast, there is the tendency not to take into account the general hardships that are a consequence of the compulsion to return to the country of origin.

In consequence of insufficient knowledge of the language or of cultural differences it may often become very difficult for a wife to attempt to comprehensively cope with a strange environment. It is essential to pay special attention to this point within the context of interviews and enquiries, and especially to the advice of counsellors.

Paragraph 19, section 1, part 3 of the Aliens Act henceforth provides for the prevention of mistreatment (apart from the provisions for extreme hardship) by way of denial of an extension to the residence permit. Drawing of social security payments is not sufficient in itself to lead to a denial of extension. Much more precise indications of a situation of mistreatment must exist. Denial is then considered for example, if the husband does not devote himself to a sincerely to finding employment or does not respond to a job placement, or refuses an otherwise suitable job. It must be considered whether the husband is responsible for small children or children in need of care, and for such reasons it would not be possible for him to accept the offer of short term employment. Whether it can be reasonably expected that employment be accepted whilst caring for and raising children, is a question regulated by the laws governing social services. In this sense a consideration of the entire circumstances is required.

Hardship regulation in Hamburg

At the beginning of April 1998, the Hamburg city council passed an 'authorities directive' for an 'independent right of residence for non German women'. Mistreated women are to be recognised as cases of hardship on principle. Not only rape within marriage is to be adjudged as hardship, but also bodily harm, forced prostitution, and deprivation of liberty. Also, if the children are subjected to abuse, or the well-being of the children is threatened by deportation or if during pregnancy the threat of forced abortion exists in the country of origin, then the hardship regulation provides protection from loss of the residence status.

New regulations under federal law commencing 1 January 1997, provide for definitions of violence in a bi-national marriage. An exact definition of 'hardship' previous to this new law depended on the judgement or opinion of individual employees of the aliens authority.

Household employees

As domestic labour (au pair), as domestic cleaning labour or as a nurse, a contract of employment assures the provision of a residence permit for the duration of the contract.

Women artists

As an artist (artiste) a woman receives a residence permit, if she can provide evidence of a contract of employment (usually as a dancer) with a night club.

Trade in women and forced prostitution (Frauenhandel und Zwangsprostitution)

Also in such cases as legally immigrated non German women the risk of sexual exploitation, according to statistics, is quite high. As domestic labour, as wife or artiste there is the danger of being forced into prostitution by threats of deportation by the husband or employer.

In order to improve their social situation more and more women especially from eastern Europe, fall unintentionally into prostitution. Due to the higher costs of visas and travel they are often heavily in debt on arrival in Germany, and have no other possibility than to work off their debts through prostitution to those people who have financed them (as may be expected, these are usually traders in women, pimps and bordello/brothel operators). These traders in women calculate that the women cannot communicate and make themselves understood. Additionally, their passports and visas are confiscated, which in turn means that they have become illegal and criminalised in view of the state, and therefore find it even more difficult to defend themselves from exploitation. In addition they suffer the fear of deportation.

Women who are nevertheless prepared to testify against their exploiters do not receive the necessary help: No adequate protection scheme exists for women witnesses in Germany. Quite often there are insufficient interpreters, no support or treatment for victims of violence and no hope of a residence permit. As soon as the women are no longer required for their own court process, they are expelled, despite the fact that they may be in a poor state of physical and mental health and despite the dangers that may await them in their country of origin.

© unlimited - Stadtratte, 99-07-22 - www.nadir.org/nadir/initiativ/migration/