DIAGNÓSTICO

(1) Foreigners living lawfully in the federal territory on a permanent basis shall be provided with support in integrating into the economic, cultural and social life of the Federal Republic of Germany and are expected to undertake commensurate integration efforts in return.

(2) Integration efforts by foreigners shall be supported by a basic package of measures to promote integration (integration course). The aim of the integration course shall be to successfully impart the German language, legal system, culture and history to foreigners. In this way, it is intended to acquaint foreigners with the way of life in the federal territory to such an extent as to enable them to act

independently in all aspects of daily life, without the assistance or mediation of third parties.

(3) The integration course shall comprise a basic and advanced language course of identical duration to provide sufficient command of the language and an orientation course to impart knowledge of the legal system, culture and history in Germany. The integration course shall be coordinated and carried out by the Federal Office for Migration and Refugees, which may enlist the services of private or public organisations to this end. Reasonable fees are to be charged for attending the integration course, according due consideration to the ability to pay. The person who is obliged to ensure the foreigner's subsistence shall also be obliged to pay such a charge.

(4) The Federal Government shall be authorised to regulate further details of the integration course, in particular the basic structure, the duration, the content and implementation of the courses, the criteria relating to the selection and approval of organisations carrying out the courses and the requirements and general conditions pertaining to proper and successful participation in the courses and the appurtenant certification, including arrangement for the payment of costs, and the necessary transmission of data between the bodies involved and the processing of data by the Federal Office for Migration and Refugees in accordance with Section 88a (1), via a statutory instrument without the approval of the Bundesrat. This shall not include the examination and certification requirements of the final integration course tests, which shall be defined by statutory instruments issued by the Federal Ministry of the Interior without Bundesrat approval.

(5) (revoked)

Section 44


Entitlement to attend an integration course

(1) A foreigner who is resident in the federal territory on a permanent basis shall be entitled to attend an integration course on one occasion

1. upon receiving a residence permit for the first time a) for employment purposes (Sections 18, 21),

b) for the purpose of subsequent immigration by dependants (Sections 28, 29, 30, 32, 36),

c) on humanitarian grounds pursuant to Section 25 (1) or (2), d) as a long-term resident pursuant to Section 38a or

Permanent residence is generally to be assumed if the foreigner receives a residence permit of at least one year's duration or has held a residence permit for more than 18 months, unless the stay is of a temporary nature.

(2) The attendance entitlement pursuant to sub-section 1 shall lapse two years after granting of the residence title establishing the entitlement or upon said title lapsing. (3) The entitlement to attend an integration course shall not apply

1. to children, juveniles and young adults who take up school education or continue their previous school education in the Federal Republic of Germany,

2. when the need for integration is discernibly minimal or

3. when the foreigner already possesses a sufficient command of the German language.

In cases covered by sentence 1, no. 3, the entitlement to attend an orientation course shall remain unaffected by this proviso.

(4) A foreigner who does not possess or no longer possesses an attendance

entitlement may be allowed to attend, according to the available number of places in the course concerned. This provision shall apply mutatis mutandis to German nationals who do not possess a sufficient command of the German language and have special integration needs.

Section 44a


Obligation to attend an integration course

(1) A foreigner shall be obliged to attend an integration course, if

1. he or she is entitled to attend in accordance with Section 44 and

a) is unable to communicate at least at a basic level in the German language or b) does not possess a sufficient command of the German language at the time of

issuance of a residence title pursuant to Section 23 (2), Section 28 (1), sentence 1, no. 1 or Section 30 or

2. he or she receives benefits in accordance with Book Two of the Social Code and an integration agreement pursuant to Book Two of the Social Code provides for participation in an integration course or

3. he or she has special integration needs and the foreigners authority requires him to participate in an integration course.

In cases covered by sentence 1, no. 1, the foreigners authority shall ascertain whether the foreigner is obliged to attend on issuing the residence title. In the cases covered by sentence 1, no. 2 the foreigner shall also be obliged to attend if the institution providing basic security for job seekers requires him or her to attend. In the cases covered by sentence 1, nos. 1 and 3, where benefits are received in accordance with Book Two of the Social Code for the measures pursuant to Section 15 of Book Two of the Social Code the institution providing basic security for job seekers should, as a general rule, follow the obligation imposed by the foreigners authority. Where, in individual cases, the institution providing basic security for job seekers reaches a divergent decision, it is to notify the foreigners authority

accordingly, which shall then revoke the obligation. The obligation shall be revoked where it is unreasonable to expect a foreigner to attend a part-time course in addition to pursuing an economic activity.

(1a) Except where the obligation is withdrawn or revoked, the obligation to attend an integration course pursuant to sub-section 1, sentence 1, no. 1 shall expire only if the foreigner has duly attended the integration course.

(2) The obligation to attend an integration course shall not apply to foreigners

1. who are undergoing vocational training or any other form of training or education in the federal territory,

2. who furnish evidence of attendance of comparable education measures in the federal territory or

3. for whom attendance on a sustained basis is unfeasible or unreasonable.

(2a) Foreigners who hold a residence permit pursuant to Section 38a shall be exempted from the obligation to attend an orientation course if they are able to prove that they have already participated in integration measures in another Member State of the European Union in order to attain their legal status as a long- term resident.

(3) If a foreigner fails to meet his or her attendance obligation for reasons for which he or she is responsible or fails to pass the final test, prior to extending his or her residence permit the competent foreigners authority shall inform the foreigner of the possible consequences of his or her actions (Section 8 (3), Section 9 (2) nos. 7 and 8, Section 9a (2), first sentence, nos. 3 and 4, of this Act, Section 10 (3) of the Nationality Act). The foreigners authority may take administrative enforcement measures in order to enjoin the foreigner to meet his or her obligation to attend. In case of non-compliance with the obligation to attend, the prospective charge to cover costs may also be levied in advance in a single sum by issuing an official notice of fees.

Section 45