NATIONAL DEVELOPMENTS

 

GERMANY

Right to stay for long-term ‘tolerated’ foreigners extended
Last week, the Interior Ministers of the German Federal States agreed to grant two more years of stay to foreigners with a ‘tolerated status’ (Duldung) who have had this status for at least eight years or, if having children who are minors, for at least six years. The ‘Duldung’ is a special status containing limited rights granted to those who have been refused asylum but have not been forcibly returned for humanitarian reasons. Because of the duty to denounce that lies upon the social welfare centres in specific circumstances, the duldung often ends up being the only possibility to receive care. The extra two years will be given to find a job and receive a residence permit. NGOs expressed disappointment that, again, there has been no permanent solution to the precarious situation of tolerated foreigners. They are also concerned that sick and disabled people would not be able to make use of the new regulations, as they are not very likely to find jobs.

Sources: ECRE weekly bulletin, 11 December 2009; and Pro Asyl, ‘Ergebnis der Innenministerkonferenz in Bremen’

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UK

Conditions at immigration removal centre “wholly unacceptable”
Conditions at a privately run immigration removal centre have deteriorated so much that they are now "wholly unacceptable" for women and children, the chief inspector of prisons says today. The results of the unannounced inspection in October published on 18 December show that the centre has developed a "more prison-like culture" in the past 18 months and previous fears about the plight of a small number of children and women at this largely male establishment have grown.

Source: The Guardian, 18 December.

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SPAIN

Some modifications occurred in the Spanish Aliens Act in November 2009. Amongst others, this law deems anyone agreeing to house an undocumented migrant (not living at his/her home) in order to allow the latter to be recorded in the local register to have committed a serious offence. This will have significant consequences on undocumented migrants’ access to health care, as being registered in the local register (Padrón) is a sine qua non condition for having effective health care access.

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