Starting
from 1 January 2005:
New Law on Foreigners in Germany
Now German law only knows three residence titles
After long quarrels between the two big political camps a new foreigner law entered into force at the beginning of 2005 in Germany. The changes by the new law, the "Zuwanderungsgesetz", were highly disputed and many efforts were needed in order to find a compromise which was accepted by the two political parties and the
| Advertisement |
The most important regulations:
Advertisement
|
- A work permit doesn't have to be requested separately
- The immigration of highly qualified employees and investors is facilitated
- The German intelligence services can be asked before a residence title shall be granted
- Foreigners with no residence title but an acquiescence who have lived in Germany for a long time may be granted a limited residence permit which entitles the owner an access to the German labour market (introduced in August 2007)
Immigration of employees
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 shall be lowered to 64,800 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).
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.
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.
Advertisement
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 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.
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
apart from the Eastern European States which joined the Union on 1
May 2004 and later 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 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]).These Europeans shall have full access to social benefits like unemployment money 2 (welfare for those who are able to work) if they have a place of abode here and are willing to work. 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.
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 over this will only be issued on request.
Citizens of the Eastern European states of the EU have only the same rights like citizens of the other states of the EU if the employment of the Eastern European has been allowed by the Federal Labour Authority. There are restrictions for people from Eastern European states that joined the EU in 2004 and Romania and Bulgaria. Generally people from these countries shall only be allowed to work if the job can not be 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 expire with the beginning of 2009 for university graduates. Apart from this, the restrictions will remain in power until 30 April 2011 or, for Romanians and Bulgarians, until the end of 2011. Citizens of those Eastern European States which joined the European Community on 1 May 2004 or later find an easier access to the German labour market if they have certain skills because these foreigners will be preferred to other foreigners from outside the EU. If those Eastern Europeans are privileged they have to be treated as regular citizens of the EU.
Advertisement
Residence permit for foreigners living long-time in Germany with an acquiescence
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 acquiescence 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:
- On 1 July 2007, the foreigner must be living in Germany for at least eight years or six years if he lives together with his child and the legal base of this stay is an acquiescence or a residence permit issued due to humanitarian aspects and
- he has found sufficient housing and
- has adequate knowledge of spoken German (not necessary until 1 July 2008 and in case of older or disabled people) and
- he can prove that his children visit school classes regularly and
- he has not deceived the foreigners registration office wilfully and
- he has no relations to terrorist or extremist organizations and
- has not infringed the law (minor offences may be neglected).
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).
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 to 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.
Statistics
At the end of 2008 nearly 8.2 % of the 82.098 million inhabitants of the Federal Republic of Germany are foreigners according to the Federal Statistics Office.
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 2008, Bevölkerung und Erwerbstätigkeit, Ausländische Bevölkerung, Ergebnisse des Ausländerzentralregisters, Fachserie 1 Reihe 2, published on 2009-03-28/29)
| Country | Amount | 31 December 2008 |
| Turkey | 1,688,370 | In
the year 2008 approximately 403,400 foreign persons moved to Germany or
were born here. In contrast to this 307,800 foreigners left Germany or
died in this country. 112,900 people were struck off the list of
foreigners due to other reasons, especially naturalization. The average
time foreigners were already staying in Germany was 18.2 years. 37 %
were already living for 20 years and more in Germany. More than 72 % were staying in Germany for at least eight years. 20 % of all registered foreigners in Germany were born in this country (Source: Press Release Nr. 110 of the Federal Statistical Office from 23 March 2009). |
| Italy | 523,162 | |
| Poland | 393,848 | |
| Serbia (including former Serbia and Montenegro) | 313,482 | |
| Greece | 287,187 | |
| Croatia | 223,056 | |
| Russia | 188,253 | |
| Austria | 175,434 | |
| Bosnia and Herzegovina | 156,804 | |
| Netherlands | 132,997 | |
| Ukraine | 126,233 | |
| Portugal | 114,451 | |
| former Yugoslavia | 110,555 | |
| France | 108,090 | |
| Spain | 105,526 | |
| USA | 100,002 | |
| United Kingdom | 97,560 | |
| Romania | 94,326 | |
| all foreigners | 6,727,618 |
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.
Search my site with Google: 
Custom Search
|
 |  | |
  | ||
Advice for users
who have disabled JavaScript: This page is part of a frameset.
Click here
for loading the frameset.
Last update: 08 December 2009
Last update: 08 December 2009