Immigration to Germany
Encyclopedia
Immigration law
Immigration law refers to national government policies which control the phenomenon of immigration to their country.Immigraton law, regarding foreign citizens, is related to nationality law, which governs the legal status of people, in matters such as citizenship...
came into effect that altered the legal method of immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
to Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
. The political background to the introduction of the new immigration law being that Germany for the first time ever acknowledged to be an "immigration country." Although the practical changes to the immigration procedures were relatively minor, new immigration categories like the ones for highly skilled professionals and scientists have been introduced to attract valuable professionals for the German labour market. The development within German immigration law clearly shows that immigration of skilled employees and academics is eased while the labour market remains closed for unskilled workers.
Demographics
In 2007, 91.2% (75.0 million) of residents in Germany had German citizenship, while 81% of the population were Germans with no immigrant background and 19% were German citizents with immigrant background ( 15.3 million people) Of the remaining 8.8% (7.2 million),1.7 million (2.1%) had Turkish
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, 0.5 million (0.6%) Italian
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
and 0.4 million (0.5%) Polish
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
citizenship.
History of immigration to Germany
One of the biggest immigration waves to Germany started in the 1960s. Due to a shortage of laborers during the WirtschaftswunderWirtschaftswunder
The term describes the rapid reconstruction and development of the economies of West Germany and Austria after World War II . The expression was used by The Times in 1950...
("economic miracle") in the 1950s and 1960s, the Western-German government signed bilateral recruitment agreements with Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
in 1955, Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
in 1960, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
in 1961, Morocco
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
in 1963, Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
in 1964, Tunisia
Tunisia
Tunisia , officially the Tunisian RepublicThe long name of Tunisia in other languages used in the country is: , is the northernmost country in Africa. It is a Maghreb country and is bordered by Algeria to the west, Libya to the southeast, and the Mediterranean Sea to the north and east. Its area...
in 1965 and Yugoslavia
Yugoslavia
Yugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....
in 1968. These agreements allowed the recruitment of so called Gastarbeiter
Gastarbeiter
Gastarbeiter is German for "guest worker." It refers to migrant workers who had moved to West Germany mainly in the 1960s and 70s, seeking work as part of a formal guest worker programme...
to work in the industrial sector for jobs that required few qualifications.
Children born to Gastarbeiter received the right to reside in Germany but were not granted citizenship; this was known as the "Aufenthaltsberechtigung" ("right to reside"). Many of the descendants of those Gastarbeiter still live in Germany and many picked up German citizenship.
The GDR also recruited Gastarbeiter, who mostly came from Vietnam
Vietnam
Vietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
, North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
, Angola
Angola
Angola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...
, Mozambique
Mozambique
Mozambique, officially the Republic of Mozambique , is a country in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west and Swaziland and South Africa to the southwest...
and Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
.
Following the fall of the Berlin Wall and German reunification in 1990, the population of guest-workers still remaining in the former East Germany faced deportation, premature discontinuation of residence and work permits as well as open discrimination in the workplace.
Origin of immigrants to Germany
In 2007 62 percent of immigrants living in Germany came from Europe.Most of the immigrants came from:
- TurkeyTurkeyTurkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
(14,2 percent of all immigrants) - RussiaRussiaRussia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
(9,4 percent of all immigrants) - PolandPolandPoland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
(6,9 perent of all immigrants) - ItalyItalyItaly , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
(4,2 percent of all immigrants)
Comparison with other countries from European Union
According to EurostatEurostat
Eurostat is a Directorate-General of the European Commission located in Luxembourg. Its main responsibilities are to provide the European Union with statistical information at European level and to promote the integration of statistical methods across the Member States of the European Union,...
47.3 million people lived in the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
in 2010 who were born outside their resident country. This corresponds to 9.4% of the total EU population. Of these, 31.4 million (6.3%) were born outside the EU and 16.0 million (3.2%) were born in another EU member state. The largest absolute numbers of people born outside the EU were in Germany (6.4 million), France (5.1 million), the United Kingdom (4.7 million), Spain (4.1 million), Italy (3.2 million), and the Netherlands (1.4 million).
| Country | Total population (1000) | Total Foreign-born (1000) | % | Born in other EU state (1000) | % | Born in a non EU state (1000) | % |
| EU 27 | 501'098 | 47'348 | 9.4 | 15'980 | 3.2 | 31'368 | 6.3 |
| Germany Germany Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate... |
81'802 | 9'812 | 12.0 | 3'396 | 4.2 | 6'415 | 7.8 |
| France France The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France... |
64'716 | 7'196 | 11.1 | 2'118 | 3.3 | 5'078 | 7.8 |
| United Kingdom United Kingdom The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages... |
62'008 | 7'012 | 11.3 | 2'245 | 3.6 | 4'767 | 7.7 |
| Spain Spain Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula... |
45'989 | 6'422 | 14.0 | 2'328 | 5.1 | 4'094 | 8.9 |
| Italy Italy Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and... |
60'340 | 4'798 | 8.0 | 1'592 | 2.6 | 3'205 | 5.3 |
| Netherlands Netherlands The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders... |
16'575 | 1'832 | 11.1 | 428 | 2.6 | 1'404 | 8.5 |
| Greece Greece Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe.... |
11'305 | 1'256 | 11.1 | 315 | 2.8 | 940 | 8.3 |
| Sweden Sweden Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund.... |
9'340 | 1'337 | 14.3 | 477 | 5.1 | 859 | 9.2 |
| Austria Austria Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the... |
8'367 | 1'276 | 15.2 | 512 | 6.1 | 764 | 9.1 |
| Belgium Belgium Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many... (2007) |
10'666 | 1'380 | 12.9 | 695 | 6.5 | 685 | 6.4 |
| Portugal Portugal Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the... |
10'637 | 793 | 7.5 | 191 | 1.8 | 602 | 5.7 |
| Denmark Denmark Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark... |
5'534 | 500 | 9.0 | 152 | 2.8 | 348 | 6.3 |
EU citizens
European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
free movement of workers
Freedom of movement for workers
The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. It is part of the free movement of persons and one of the four economic freedoms: free movement of goods, services, labour and capital...
principles require that all Member State citizens have the right to solicit and obtain work in Germany free from discrimination on the basis of citizenship. Treaty on European Union Article 39 (providing basic rules for Freedom of movement for workers
Freedom of movement for workers
The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. It is part of the free movement of persons and one of the four economic freedoms: free movement of goods, services, labour and capital...
). However, citizens of Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
are exempt from the free movement of workers principle for a transition period.
Immigration Options for Non-EU Citizens
Immigration to Germany as a non-EUEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
-citizen
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
is still limited to skilled workers (individuals with either a university or polytechnic degree or at least 3 years of training together with job experience), students and their immediate family members. Germany knows 3 types of immigration titles: Visa (validity of up to 90 days), residence permit and settlement permit. Work permit
Work permit
Work permit is a generic term for a legal authorization which allows a person to take employment.It is most often used in reference to instances where a person is given permission to work in a country where one does not hold citizenship, but is also used in reference to minors, who in some...
s – if granted – are no longer issued independently but included within the immigration title and are available for foreigners that either fall into one of the several available permit categories (IT specialists, company trained specialist within a group of companies, managing personnel, scientists, highly skilled workers with exceptional income, etc.) or can prove a public interest in the employment. The categories and all requirements are listed in the ordinance on employment.
The formerly well known IT-Greencard program has been followed by the introduction of a specific category within the ordinance on employment that allows IT specialists with a university or polytechnic degree to migrate to Germany for employment purposes. Self employment is also possible but requires either an initial investment of EUR 500,000 and the creation of a minimum 5 jobs or the support of the local chambers of commerce or similar organizations that confirm the socioeconomic value of the business plan for the region.
As Germany does not allow immigration without cause, it is necessary to be either enrolled with a school or university, have a specific job offer that fits the requirements of one of the work permit categories or intend to reunify with close family (spouse or minors) already within Germany (family reunification visa).
After obtaining a university degree
Academic degree
An academic degree is a position and title within a college or university that is usually awarded in recognition of the recipient having either satisfactorily completed a prescribed course of study or having conducted a scholarly endeavour deemed worthy of his or her admission to the degree...
, foreign students may stay for one year to find a job that matches their qualifications.
Plans are discussed to open the labour market in 2009 for all foreigners holding a university degree that have a specific job offer as well as for all graduates of German schools (including those located abroad).
Any person married to a German person may immigrate to Germany.
Business visa
Business visas are available for 90 days within every 6 months. Although it is possible to act as managing director, teacher, university scientist, sportsperson, actor, model or journalist on the basis of a business visa, businesspersons may only attend contract negotiations and buy or sell goods for an employer abroad. All other economic activity is considered work and must not be performed on the basis of a business visa.Naturalization
A person who has immigrated to Germany may choose to become a German citizen. A right to become a German citizen arises (Anspruchseinbürgerung) arises when a person::- has a right to reside in Germany
- has lived in Germany legally for at least eight years
- does not live on welfare as the main source of income unless unable to work, for example, because they are a single mother with small children
- is able to speak German to 'B1' standard in the Common European Framework of Reference
- passes a Citizenship Examination. The examination tests a persons knowledge of the German constitution, the Rule of Law and the basic democratic concepts behind modern German society. It also includes a section on the constitution of the Federal State in which the applicant resides. The citizenship test is obligatory unless the applicant can claim an exemption such as illness, a disability, or old age.
- has not been convicted of a serious criminal offence
- is prepared to swear an oath of loyalty to democracy and the German constitution
- is prepared to renounce all former citizenships, unless the applicant may claim an exemption. The principal exemptions are
(a) the applicant is a citizen of another European Union country, or the Swiss Confederation; or (b) such renunciation would cause the applicant serious economic harm. In the first case, the exemption is of right, in the second case, an application for permission to retain the nationality of origin must be made prior to naturalisation. Typical examples of the second case include where a person would be unable to inherit real property in the country of origin. (Particular problems have arise in this regard with, e.g. Turkish applicants, in the past).
A person who does not have a right to naturalisation may nonetheless acquire German nationality by discretionary naturalisation (Ermessenseinbürgerung). The applicant must fulfill certain minimum requirements.
Spouses and same-sex civil partners of German citizens may also be naturalised after only 3 years of residence (and two years of marriage).
Under certain conditions children born on German soil after the year 1990 are automatically granted German citizenship and, in most cases, also hold the citizenship of their parents' home country. Between 18 and 23 years of age, they must decide which citizenship to keep. However, if they hold the citizenship of a country that does not allow citizens to give up citizenship or if there are special circumstances that make it unacceptable for them to give up the citizenship of the other country, they may keep both.
In some circumstances naturalisation is possible from outside Germany, but this is relatively rare.