Unaccompanied Minors

Back to: The Asylum System and Its Functions

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Although they surely are the majority in numbers, young adults are not the only ones making their way towards Germany and the EU. More often than one might think minors are making their way towards the EU, too. A lot of the time they are unaccompanied, the reasons being that they were separated from their guardians en route or that they even started this journey alone from the beginning. Unaccompanied minors fall partly under different legal regulations than adults.

This is why12:

  • children are often especially worn out by the strains of such a journey. They are prone to not being able to process such experiences not as good as a grown adult might. That is why they are seen as particularly in need of protection.
  • Unaccompanied minors, just like other kids, have needs the normal asylum process is not able to cater to.
  • Children that have lived through traumatic events are in need of special protection because they can fall prey to abuse, mistreatment or human trafficking.

Special legal regulations concerning unaccompanied minors

The following legal regulations differ from the overall regulations on migration. Click on the tabs below to read more about them.

Special legal framework

As soon as a young men becomes full of age in the eye of the state, their case falls under the Asylbewerberleistungsgesetz (asylum seekers benefits law). But if they have not yet turned eighteen different legal regulations come into play. Refugees and asylum seekers that are minors fall under under special legal regulations issued by the state.

  • UN Convention on the rights of a child: The international law concerning refugee children is the UN-Convention on the rights of a child.
  • Book eight of the social German social code (SGB VIII): The eight book of the German social code ist he basis of handling of underage refugees in Germany.
  • Asylgesetz: When an underage minor applies for asylum they become part of the asylum system.
In order to get more information on thism please visit the website of the BumF.
Accomodation

Minors are take care of and housed by the youth wellfare office until they can be reunited with their parents or until they are full of age. They might stay…

  • with foster families
  • in children’s homes
  • in flat shares

For this period of time they get a legal guardian.

School and Apprenticeship
As soon as unaccompanied minors are taken in by Germany, they have the right to further their education, e.g. go to school or get an apprenticeship3.
Status of residency

Minors don’t have a fix status of residency, they are tolerated (exceptional leave to remain). Since the exceptional leave to renaim is not permanent, they can be deported since the exceptional leave to remain is not a permanent solution, but that usually doesn’t happen.

If they have attended school in Germany for at least four years or, at best gained a leavin cert they can apply for a residence permit for integrated teenagers and adolescents.

Footnotes

  1. https://www.epo.de/index.php?option=com_content&view=article&id=14718:minderjaehrige-fluechtlinge-oxfam-berichtet-ueber-misshandlungen-und-schikanen&catid=95&Itemid=100067
  2. https://www.zeit.de/gesellschaft/zeitgeschehen/2017-09/minderjaehrige-fluechtlinge-missbrauch-ausbeutung-kinderhilfswerk-iom
  3. https://www.diakonie.de/wissen-kompakt/unbegleitete-minderjaehrige-fluechtlinge/

Project Partners

Casework is a cooperation between the Innovation in Learning Institute (ILI), the ECC Association for Interdisciplinary Consulting and Education, the INTRGEA Institute for Development of Human Potentials, and Oxfam Italy. More info…