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In December 2011, the German federal government announced the introduction of a "Blue Card" and some other changes which make the immigration of highly qualified foreigners easier. These proposals must still go through the legislative process and actually it cannot be said when they will become applicable law. The most important regulations:
The main principle of the German law on foreigners is that the immigration of foreign employees to Germany depends on the needs of the German economy. One has to say that the stop of immigration of lower qualified employees remains in power. A highly qualified employee finds better chances to settle down here. Notably scientists and other academic staff and experienced specialists and people who have an executive post with a high income belong to this group (in 2008 the minimum was 86,400 EUR; by the new law of 2009 the amount has been lowered to 64,800 EUR, in 2011 the sum is 66,000 EUR). The same applies to self-employed people if they invest at least 250,000 euros and create five jobs (apart from this the immigration of self-employed depends on the individual case; before the changes of August 2007 a million euros and ten jobs were required and until the end of 2008 500.000 euros). Employees with average qualification will be given a permit if they can execute a certain occupation or if there is a public interest. Foreign graduates of German universities may get a prolongation of their permit for one year in order to find a job. By the way: Employees from the old member states of the EU have freedom of movement and the same rights on the labour market as Germans. In addition to the other possibilities of getting a residence title a new kind of residence permit was introduced in August 2007 for scientists. They have the right to get a permit for at least a year if an agreement has been made between the scientist and the research institute and the institute has signed on the absorption of costs caused by the livelihood or the return of the foreigner up to six months after the end of the agreement (in certain cases it is not necessary that the last requirement is being met). With the new law of 2009 the German labour market will be generally open for academic persons from abroad. Applicants with a foreign university degree may get a residence permit if the vacant job cannot be given to a German or other citizen of the European Union. Foreigners who have graduated from a German university shall be given a residence title without proofing if the job can be filled with a EU-citizen. The same applies to related persons of such a foreigner (independent from where the university degree was made). On 22 June 2011, the German government announced that there shall be no more a priority check for applicants such as doctors or certain engineers with a degree in mechanical engineering, vehicle construction or electrical engineering. Foreign graduates from German schools abroad may be given full access to the German labour market: if such an applicant comes to Germany for an apprenticeship, the consult of the Federal Agency for Labour is not requested. Graduates from German schools abroad who have a foreign university degree or who have made successfully an apprenticeship in Germany may get a residence permit, it is not necessary that the vacancy has been offered futilely to a EU-citizen. |
The most important principles of
the German law on foreigners:
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| Humanitarian immigration Persons persecuted on political grounds shall have the right of asylum, article 16 a of the German constitution, the Basic Law (Grundgesetz), says. The procedure of how to recognize foreigners seeking asylum is regulated in another law, the Asylum Proceeding Law (Asylverfahrensgesetz). The new law says that even a non-governmental persecution is a reason for asylum if the home state is not capable of granting protection. In addition, persecution for reasons of gender obliges the German state to grant asylum. Apart from this, foreigners find a temporarily asylum if the European Union decides to do so. Victims of human trafficking Victims of human trafficking: These women or men may receive a limited residence permit if the stay of these people is necessary for a criminal procedure against a suspected person charged with human trafficking. The applicant must be willing to witness in court. Even foreigners who entered Germany illegally may benefit from this allowance. If a permit is issued, the foreigner may receive a work permit, his employment is not subsidiary to the employment of a German or a citizen of the European Union. Immigration of children whose parents already live in Germany As before 2005 children of foreigners may move to Germany if they are not older than 16 and have parents living in Germany. Further on, a child of the age of 16 or 17 shall receive a permit if it speaks German or can adjust to social life here or if the parents have been recognized as persecuted people or if the child immigrates together with the parents who have a permit. In other cases granting a permit to a child is left to the discretion of the authorities. Immigration of the spouse of a foreigner or German The immigration of the spouse of a foreigner has been made less easy by the changes of August 2007. The husband or wife of a foreigner may immigrate to Germany if both are at least 18 years old and if the foreigner has a settlement permit or a long-term resident's EC residence permit or a residence permit, the residence permit is only sufficient if certain requirements are being fulfilled (residence permit has been issued at least two years ago or both partners in marriage are already married and the stay in Germany will last at least a year). The following spouse must be able to communicate in German in a simple way (this does not apply to citizens of the USA, Canada, Australia, Israel, Japan, South Korea and New Zealand). These regulations have been aggravated in order to avoid marriages against the woman's will. Even if the foreign spouse of a German wishes to immigrate to Germany, it is generally requested that the foreigner is at least 18 years old and speaks a little German. Clause for hardship cases Even if a foreigner can't get a resident title and is obliged to leave the country there is a chance to help him. The federal states create commissions for cases of hardship where applications can be delivered to. The commission does not grant the permit itself but speaks out a recommendation to the authorities. Integration The new law contains the state's duty to offer help for integration. When a permit is being issued for the first time a foreigner has a right to take part in a course of integration. This course consists of a basic part and an additional part where the foreigner should learn something about language, law, culture and history of Germany. In some cases it is necessary to participate in such lessons: 1) If the foreigner has a right of participation and is unable to explain something to Germans or vice versa or 2) if the foreigner receives unemployment money 2 (welfare for those who are fit for work) or is in big need of integration and has been asked by the authorities to take part in a course. If a recipient of unemployment money 2 stays away his benefit may be lowered by 10 %. Procedure Rules  Since
the beginning of 2005 it is not necessary to ask separately for a
residence permit and a work permit because the Federal Agency for
Labour shall be heard before a residence permit will be granted. The
residence title must say whether the grantee is allowed to work or not.Apart from the visa for shorter stays there are only three residence titles: the limited residence permit (Aufenthaltserlaubnis), the unlimited settlement permit and the long-term resident's EC residence permit (introduced in August 2007). As before 2005 a foreigner who is obliged to leave the country may receive an acquiescence if a summary return to the native country is impossible or humanitarian aspects speak against it. In case of obstacles for such a return a residence permit can be granted in order to avoid a chain of acquiescences if a fast departure is not realistic. The conditions for a settlement permit are the following ones: a residence permit for at least five years + secure livelihood + contributions to the pension scheme for 60 months or an appropriate assurance + no severe offences in the last three years + employment allowed + sufficient skills for executing a job + sufficient knowledge of the German language + sufficient knowledge of the legal and social system of Germany + sufficient housing (times of studies or vocational training in Germany can be taken into account at half with the five-years time. The period for self-employed applicants can be shortened to three years). The long-term resident's EC residence permit (Erlaubnis zum Daueraufenthalt-EG) is nearly similar to the settlement permit. The introduction of this new kind of permit became necessary because the settlement permit is not totally identical with the permit prescribed in a directive of the European Union and Germany had to put this directive into action. The long-term resident's EC residence permit is an unlimited permit and the conditions for getting this title resemble to those of the settlement permit. The five-year time can be fulfilled with times spent outside Germany (a stay abroad due to a deployment for reasons of the job) or with earlier times spent in Germany before the foreigner's departure to another country (which was followed by the loss of his residence title). Times of studies or vocational training in Germany can be taken into account at half with the five-years time. One of the great advantages of the long-term resident's EC residence permit is the facilitation of longer stays of a foreigner in other countries of the European Union. In return, foreigners who have had the status of a long-term resident in another member state of the EU have a right to receive a residence permit for Germany. The Federal Office for the Acknowledgement of Political Refugees has been renamed to Federal Office for Migration and Refugees. Residence titles which have been granted before 1 January 2005 remain valid (the "Aufenthaltsberechtigung" or the unlimited "Aufenthaltserlaubnis" as a settlement permit and the other permits as an "Aufenthaltserlaubnis"). The same applies to all orders spoken out by the authorities. In the old law there were four titles.   The
stay of citizens from the member states of the European
Union and the European
Economic Area has
been facilitated. If such a European comes to Germany for a stay which
should last longer than three months he does not have to ask for a
residence or work permit. Like Germans, he or she has only to tell his
move to the registration office where a certificate of the right to
settle down in accordance with the Community Law will be handed over to
him. The legal basis for this treatment is the Law on the General
Freedom of Movement of Community Citizens (Freizügigkeitsgesetz/EU
[FreizügG/EU]).If a European has received unemployment money financed by own contributions in his homeland he may receive this money here up to three months after his entry to Germany. Foreigners who have a right to stay here only because they are looking for a job (that applies generally to citizens of the EU) and who have not yet worked in Germany shall not receive unemployment money 2. The Federal Social Court ruled out by judgement of 19 October 2010 (B 14 AS 23/10 R) that these restrictions shall not be applicable if the EU-foreigner's home country has signed the European Convention on Social and Medical Assistance. Related persons of Europeans who are not citizens of a member state of the EU shall be granted a certificate about the right to stay here. The certificate will expire after five years. After a legal stay of five years in Germany Europeans have a continuous right to stay, a certificate will only be issued on request. There were restrictions for Europeans from the Eastern European states that joined the EU in 2004 and later. From 1 May 2011 on, these Eastern European apart from Romanians and Bulgarians have to be treated like Europeans from the old member states. Citizens of the Eastern European states of the EU had only had the same rights like citizens of the other states of the EU if the employment of the Eastern European had been allowed by the Federal Labour Authority. Generally people from these countries had only only been allowed to work if the job could not have been filled by a German or a citizen of the older members of the EU. According to the new law entering into force in 2009 these restrictions expired with the beginning of 2009 for university graduates. Apart from this, the restrictions remained in power until 30 April 2011. Or, for Romanians and Bulgarians, they will end on 31 December 2013. Citizens of those Eastern European States which joined the European Community on 1 May 2004 or later would find an easier access to the German labour market if they had certain skills because these foreigners had to be preferred to other foreigners from outside the EU. If those Eastern Europeans were privileged they would be treated as regular citizens of the EU. With the beginning of 2012, some restrictions for Romanians and Bulgarians will be lifted in Germany. Citizens of these countries with an academic education will no longer need a work permit for an appropriate employment. Apart from this, no work permit is requested for Romanians and Bulgarians who come to Germany for an apprenticeship or as seasonal workers (seasonal work means an occupation that does not last longer than six months in the following branches: agriculture, forestry, hotel and restaurant industry, fruits and vegetables industry and sawmills). Romanians and Bulgarians with vocational training still need a work permit but there will be no priority check if the working conditions are similar to the conditions of German employees. (Source Press release of the German Ministry for Labour and Social Security of 2011-12-19). Residence permit for foreigners living long-time in Germany with an exceptional leave to remain One
of the most important regulations introduced by the law of August 2007
is a limited residence settlement for foreigners who have been living
for a long time in Germany and are generally obliged to leave the
country but must not be deported due to humanitarian reasons. A lot of
foreigners of this group have been given an exceptional leave to
remain which is valid only for a short time.At the end of 2006 there were 174,980 foreigners who were obliged to leave Germany, 99,087 of them have been living here for at least more than six years and 67,947 for more than eight years. Generally this group consists of asylum applicants whose application has been rejected. Such foreigners shall receive a residence permit under the following conditions:
The permit may depend of the foreigner's participation in an integration course. The right of residence for underage children depends on the right of the parents. When their children become full-aged a residence permit can be issued under easier conditions. There is a special residence permit for children of a foreigner who must not get such a permit because he broke the law or cheated the foreigners registration office. This applies to children between 14 to 17 whose parents have left Germany, the child must have been living here for at least six years and must speak German. Foreigners with an acquiescence who do not accomplish the requirements mentioned above but have been living here for four years or more may receive a work permit which enables them to find an occupation. There is no priority of the employment of a German or EU-citizen, i.e. such a foreigner has the same access to the German labour market like Germans. Foreigners without a residence title whose stay has only be tolerated and who have not been touched by the regulations mentioned above shall be integrated into the German labour market by the program of July 2008. Young people with an acquiescence and not living here for more than four years shall be enabled to job training and those persons with exceptional leave to remain for humanitarian reasons who have completed job training shall be given a residence permit. The same applies to university graduates working in this job for at last two years or people with an apprenticeship and working in this job for at least three years. Situation after 2009: Foreigners who have got a residence permit under the conditions mentioned above but who are not able to secure their livelihood from 2010 on have a right to a special residence permit if they work at least half-time or have completed or will complete school or vocational training. A foreigner whose residence permit expires at the end of 2009 and has neither found a job nor finished school or vocational training may receive a residence permit if he has tried to secure his livelihood on his own and if there is a prognosis that the applicant will find a job after two more years. All residence permits mentioned in this section will be limited for two years. (Arrangement made by the Ministers of the Interior of the German federal states on 4 December 2009). Another
step to facilitate the integration of young foreigners already living
in Germany but having no residence permit has been made by a law which
become effective at the middle
of 2011. Such young foreigners who were born in Germany or
entered the country before the age of 14 can obtain a residence permit
if
Other novelties in 2011 Apart from the regulations for young foreigners without a residence permit (see above) some other changes have been introduced by the law of June 2011. Forced marriage has now a become a crime and the time for the repeal of such a marriage has been prolonged to three years. The victim has now a right to return to Germany if the victim has been integrated into the German society before the wedding or if there is a good prognosis for the integration. Other new regulations intend to avoid sham marriages, stress the need of participation in integration courses or loosen the obligation of certain foreigners not to leave a particular area. Novelties in 2012: Blue Card and other changes On 7 December 2011 the German
federal government presented a proposal
for the implementation of a directive of the European Union which
introduces a fourth residence title in the German law, the EU Blue
Card. The "Blue Card" is for foreigners from outside the EU with a work
contract and an income of at least 44,000 euro a year.
Applicants must have a university degree and prove the contract and
income. For these applicants there would be no priority check and
no check whether the work conditions are similar to those of
domestic employees. A lower income limit of 33,000 euro will be
applicable for jobs with a significant lack of adequate staff (this
applies to all kinds of engineers, academic and related experts of the
information and communication branches and doctors). In case of the
lower income limit there will be a proof whether the work conditions
are similar to contracts of domestic employees. Holders of the "Blue
Card" would have the right to get a unlimited residence title if their
stay in Germany lasted at least two years. Family members would have
the right to stay and work as well when the document is issued.The "Blue Card" is based on the directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. A directive does not apply directly in the member states of the EU but the directive must be adopted by the national legislature which in Germany consists of the parliament ("Bundestag") and the "Bundesrat", the representation of the 16 German states. Apart from the introduction of the "Blue Card" due to the European law the proposal of December 2011 contains also some other changes:
Security aspects A foreigner who is suspected to be a terrorist can be expelled on a prognosis, it is not necessary that such a foreigner has broken the law. In the same way a preacher of hatred can be deported or a foreigner who supports terrorist crimes in a public way or who calls for the use of violence or threatens by announcing such actions. Further on, men who smuggled foreigners into Germany and have been sentenced to imprisonment for this have to leave the country. The new law brings more work for the German Intelligence Services. Before a residence title shall be granted the personal data of such applicants can be transferred to the intelligence services (Offices for the Protection of the Constitution, Federal Intelligence Service and Military Counterintelligence). They have to proof whether there are any objections. In case of the settlement permit this procedure will become standard. It is obligatory before a naturalization. |
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Statistics
At the end of 2010 around 8.2 % of the 81.752 million inhabitants of the Federal Republic of Germany are foreigners according to the Federal Statistics Office. (Source: Statistisches Jahrbuch 2011 [Statistical Yearbokk] p. 28, 52).
From 1954 to 2001 31 million Germans and foreigners immigrated to Germany whereas 22 million people left the country in the same period. 40 % of the foreigners now living in Germany have been doing this for more than 15 years. During the discussions about making immigration to Germany easier the demographic development played an important role. The birth rate in Germany is 1.3 to 1.4. Many people fear that the German population will shrink to 50 million until 2050 which will cause a severe decline of demand in the economy. And for employed persons a drop from 41 to 26 million people is being prognosticated (according to the report of the independent commission "Zuwanderung").
Where
do foreigners in
Germany come from?
(According to the Federal Statistics Office at the end of 2010, Statistisches Jahrbuch 2011 [Statistical Yearbook] p. 52)| Country | Amount | |
| Turkey | 1,629,480 | In the year 2010 approximately 472,100 foreign persons moved to Germany or were born here. In contrast to this 300,700 foreigners left Germany or died in this country. 112,500 people were struck off the list of foreigners due to other reasons, especially naturalization. The average time foreigners were already staying in Germany was 18.9 years. 19% of all registered foreigners in Germany were born in this country. Foreigners from the traditional foreign workers countries (Italy, Spain, Greece, Turkey, Morocco, Portugal, Tunisia and Yugoslavia) are living in Germany for an average of 24.9 years. (Source: Press Release Nr. 132 of the Federal Statistical Office of 2011-03-31). |
| Italy | 517,546 | |
| Poland | 419,435 | |
| Greece | 276,685 | |
| Serbia (including former Serbia and Montenegro) | 272,061 | |
| Croatia | 220,199 | |
| Russia | 191,270 | |
| Austria | 175,244 | |
| Bosnia and Herzegovina | 152,444 | |
| Netherlands | 136,274 | |
| Romania | 126,536 | |
| Ukraine | 124,293 | |
| Portugal | 113,208 | |
| Kosovo | 108,797 | |
| France | 108,675 | |
| Spain | 105,401 | |
| USA | 97,732 | |
| United Kingdom |
96,143 | |
| Vietnam |
84,301 |
|
| China (People's Republic) |
81,331 |
|
| Iraq |
81,272 |
|
| Bulgaria |
74,869 |
|
| all foreigners |
6.753.621 |
The way to the new law on foreigners
The remodelling of the law on foreigners was one of the ambitious projects of the then red-green government but these two parties needed an arrangement with the christian-democratic opposition because of its dominant position in the Bundesrat. It is not sufficient to find a majority in the National Parliament, the Bundestag, because every law has to pass the Bundesrat as well and many laws need the approval of the Bundesrat. These laws - until September 2006 approximately 60 % - cannot come into operation unless the Bundesrat has expressed its "OK". In case of the remaining laws the objection of the Bundesrat can be made ineffective by another voting of the parliament. The new law on foreigners needed the approval which forced the red-green government to present a bill that was able to find the consent of the Bundesrat which is dominated by a conservative-liberal majority. By the way, the Bundesrat is not a second parliament or the upper house of Parliament but a constitutional organ where the 16 states take influence on legislation. The members of the Bundesrat are the governments of the states and each German state has a certain number of votes depending on the population. In 2005, the Christian Democrats and the Liberals were not so far away from having a two-third majority in the Bundesrat because chancellor Schroeder´s politics had become more and more unpopular and the opposition conquered many countries in state elections.
A first attempt to introduce a new foreigner law was made in 2002 but failed to become valid because in the decisive meeting of the Bundesrat the Country of Brandenburg did not vote homogeneously and the president of the Bundesrat understood this behaviour as a "Yes". By judgement of 18 December 2002 the Constitutional Court in Karlsruhe made clear that the countries have to utter their vote by saying "Yes" or "No" and not by saying both. Therefore the first proposal was not in accordance with the German constitution and could not become valid at the beginning of 2003. After long negotiations a second bill was written and led to the new law of 30 July 2004.
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Last update: 22 December 2011