Law firm
Hocks
Welcome to the website of Attorney-at-Law Prof. Dr. Stephan Hocks, Specialist Lawyer for Migration Law.
What is Migration Law?
Whether it’s entry from abroad, residence, employment, or an asylum application, migration law is the area of law that always comes into play when people without a German passport want to enter Germany, stay here, work, or are born here. The law—specifically, the Residence Act (AufenthG)—stipulates that foreigners in Germany require a residence permit and, if they wish to work, a work permit (§§ 4, 4a AufenthG). Migration law also covers issues such as family reunification, passports, or clarified identity. German nationality law, including naturalization, and refugee social law, such as the Asylum Seekers’ Benefits Act, are also part of migration law.
Asylum and Refugee Law
An important area of the firm’s practice is asylum and refugee law. Those who enter Germany without a residence permit due to political or other persecution in their country of origin are granted refugee protection under the Geneva Refugee Convention (in Germany, according to § 3 AsylG). Another form of protection is so-called subsidiary protection (§ 4 AsylG) for people fleeing an imminent threat to life, for example due to war in their home country. Prohibitions on deportation (also called “national deportation bans,” regulated in § 60 paragraphs 5 and 7 AufenthG) apply to those who cannot return to their home country due to illness or imminent destitution.
However, it is not enough simply to have grounds for recognition or to state them to the German authorities; protection is only granted once the competent authority has recognized the claim after reviewing the case. This authority is the Federal Office for Migration and Refugees, and the underlying procedure is the asylum procedure.
Legal representation in an asylum procedure includes advice on the significance of the personal situation feared upon return, and support during the procedure. Information is also provided about social rights during the procedure, such as the right to work, housing, and social benefits. If agreed, accompaniment to the asylum hearing (“interview”) at the Federal Office is also provided. This hearing is the core of the asylum procedure.
If the asylum application is rejected, legal recourse can be sought at the administrative courts. This is also part of the scope of asylum law representation by an attorney. Unaccompanied minor refugees—minors in Germany without their parents—are represented by a guardian (usually an official guardian) and, if desired, also accompanied in asylum matters by the law firm Dr. Hocks. Legal support may also include family reunification for the parents of such unaccompanied minors.
Not every asylum application filed in the Federal Republic is examined here. The so-called Dublin Regulation (an EU regulation governing responsibility for asylum applications) may stipulate that applicants are referred to other European countries for further processing of their application, if they previously crossed the border illegally, filed an asylum application, or received a visa there. Anyone who has traveled through other countries on their way to Germany or entered with a Schengen visa from another country should seek legal advice before such a Dublin notice is issued.
Right to Remain, “Change of Track,” and Opportunity Residence Permit
Foreigners who are well integrated as persons with tolerated status or as asylum seekers have prospects for a right to remain under §§ 19d, 25a, or 25b AufenthG. The legislator bases good integration on certain prior periods of residence, German language skills, educational or professional achievements, family relationships, a life without significant criminal offenses, and other factors. New is the right to the so-called opportunity residence permit (§ 104c AufenthG, valid since December 31, 2022), which benefits foreigners who filed their asylum application in Germany before October 31, 2017 (whether this requirement is also met by an asylum request before the deadline can only be clarified in a personal consultation). The advantage of this opportunity residence permit is that neither a passport nor proof of livelihood is required, but the validity of § 104c AufenthG is limited in time.
The training tolerance (§ 60c AufenthG) is also one of the rights to remain, even though those affected only have tolerated status during their training and only acquire a right to a residence permit after completing their training.
All these regulations differ in their requirements, and the grounds for exclusion also vary. An important area of advice concerns compliance with legal requirements for obtaining a passport and clarifying identity. Whether a right to remain exists can be determined through a consultation. The law firm Dr. Hocks represents beneficiaries in the application process before the immigration authority or in court if the immigration authority rejects the application.
Family Reunification
Family reunification in Germany is an important issue in many residence law consultations. The challenge of family reunification is first to determine entitlement in each individual case, as not every residence status entitles the holder to bring in certain relatives. If this question is answered positively, a visa procedure must be conducted at the relevant German foreign mission (embassy). The law firm Dr. Hocks can, among other things, book appointments for family members at the embassy online and advise on the selection of documents to be submitted. The firm also handles the remonstration or court proceedings if a visa is refused.
Another frequently asked question concerns Afghan family members who are still in life-threatening situations in Afghanistan. Even if family reunification is not possible, there may be entry options under federal or state admission regulations. Whether such regulations help in individual cases can be clarified in a non-binding initial consultation.
Educational and Labor Migration (Skilled Worker Migration), Self-Employment
Anyone wishing to study, undergo training, or work as a skilled worker in Germany must meet residence law requirements. Much has become easier for this group in recent years. The Skilled Workers Immigration Act of 2020 has particularly enhanced the area of non-academic vocational training, which for the first time broadly entitles people to immigrate to Germany. This means that those who have successfully completed an apprenticeship abroad or in Germany can base their residence on this, provided they have a job offer. In addition to the Blue Card, this provides another route for labor migration. The law on work permits has also become clearer and more open.
The law firm Dr. Hocks advises and represents qualified foreigners, students, and trainees—as well as their (potential) employers—on the path of labor migration, whether in the visa procedure, before the German immigration authority, or in the procedure for recognition of foreign professional qualifications. The firm also handles remonstration or court proceedings against a rejection.
Those wishing to become self-employed in Germany can apply for a residence permit under § 21 AufenthG. In such a procedure, it is essential to demonstrate the economic and financial viability of the planned business or enterprise. Attorney Dr. Hocks not only represents you before the immigration authority but, if desired, also contacts tax advisors and auditors to prepare a convincing business plan.
Settlement Permit
The settlement permit is the unlimited residence permit. It exempts holders from the requirement to regularly renew their permit and offers other advantages. Since it marks the endpoint of immigration, integration criteria are also central to the assessment—such as prior periods of residence, income and old-age provision, language skills, a clean criminal record, clarified identity, and more. All of this can be discussed in a legal consultation if desired. The law firm Dr. Hocks can also represent you before the immigration authority or in court.
Naturalization and Nationality
For all questions regarding naturalization, you will find help at the law firm Dr. Hocks. Nationality law is currently undergoing fundamental legislative changes, which may bring advantages for many people if the current plans become law. However, even if the changes are enacted, prior periods of residence, livelihood security, a clean criminal record, and German language skills will still need to be checked. For people who have not had a national passport before their application for naturalization (this also applies to recognized refugees), clarifying identity can become the main problem in the naturalization process.
Whether the original nationality must be given up depends on the development of the legislative process.
Nationality law is not only relevant for naturalization; there are many people who became German nationals by birth, may not know it, only suspect it, or do not have a German passport. This can apply, for example, to descendants of Germans who emigrated generations ago (e.g., due to the Nazi dictatorship) and were born abroad. The lawyer checks whether German nationality originally existed and whether it has not been lost over time. For this, nationality law regulations at different times must be considered, and a nationality determination procedure must be conducted.