The main changes affected the laws "On the Stay, Employment and Integration of Foreigners in the Federal Republic of Germany" and "On the Right to Freedom of Movement and Residence Everywhere." In addition, several other laws were also revised: on refugees and expellees, on the migration registration of foreign citizens, and on German citizenship.
"A year later, the figures show that the number of foreigners arriving in Germany has significantly decreased overall," says Dieter Wiefelspütz, an internal policy expert from the SPD party in the Bundestag. "That was the goal. The German labor market does not need extra labor, except for highly qualified specialists. The new law is based on the principle of integrating foreigners. And that is our task."
More refugees
A classic emigration country, Germany became one of the main European centers of attraction for migrants in the 1950s. Among them, the following categories can be distinguished: economic migrants, refugees, ethnic Germans, and migrants under family reunification.
Since the new version of the law came into force, that is, after a year, migration flow trends have noticeably changed. The most notable phenomenon was a significant increase in the number of refugees. According to the Federal Office for Migration and Refugees, in July 2008, refugees filed 20.9% more applications than in July of the previous year, before the reform. From January to July 2008, the migration office received 12,838 applications for asylum in Germany. This is 28.6% more than in the same period last year. The majority of foreigners seeking refugee status are citizens of Iraq, Turkey, Kosovo, and Vietnam. Russia ranks sixth on this list.
The new law introduced significant changes to the regulation of refugee status, equating it to that under the Geneva Convention on Refugees and Displaced Persons. Both groups initially receive a temporary residence permit, which after three years simplifies their living conditions in Germany, provided the necessary prerequisites are met. Unmarried children of refugees under 18 also have the right to apply for such a permit. In cases of non-state persecution or gender-based discrimination, the new law provides additional measures for refugee protection.
According to the amendments, the calculation of the period of stay takes into account the time when the circumstances forcing refugees to leave their country of residence came into effect.
The new law provides additional protection for victims of human trafficking. If the victim agrees to testify, they will be granted the right to stay in the country for the duration of the criminal proceedings.
Employment and education
The new law allows, in certain exceptional cases, a preferential hiring procedure for foreign specialists. Self-employed entrepreneurs may obtain a residence permit if there is a special economic interest or regional need, if there is a high probability that the specialist's activity will have a positive impact on the economy, and if there is a source of financing.
Amendments to the law change the amount of required investments (lowering it to €500,000) and reduce the number of new jobs required to five. A residence permit for entrepreneurial activity may also be granted under conditions of mutual benefit based on international law principles. After three years, if the foreigner's business is successful and their earnings are not below the minimum subsistence level, they may apply for a permanent residence permit.
The new measures for regulating labor migration have already proven themselves—the influx of qualified specialists into the country has increased. However, this is only a slight increase, and the problem of a shortage of highly qualified specialists in Germany remains unresolved. The fact is that for most professions, a restrictive procedure applies: before offering a job to a foreigner, a German company must prove that no German citizen, and then no citizen from another EU country, is applying for the position.
The new directives liberalized conditions for students and researchers. In particular, their rights to travel outside Germany and stay in another EU member state were expanded, and special cases for granting residence permits to researchers were provided.
Marai Pelzer, a representative of the "For Asylum" organization, considers the innovations ineffective. "On the one hand, a foreigner who has received temporary status does not feel stability: after all, they can lose it at any moment if they become unemployed," Pelzer points out. "And on the other hand, it's no secret how difficult the situation is on the German labor market, how high the unemployment rate is, including among Germans themselves. It's not surprising that many foreigners, even with excellent qualifications, cannot find work, which complicates their stay in Germany. Is that what we are striving for?"
According to ministry officials, the provision of paragraph 16, subsection 4 of the law on residence permits, which grants graduates of German universities the right to stay for one year after graduation to find a job in their field, has had a positive effect. This measure, the website states, has contributed to an increase in the number of foreign students at German universities.
Promoting integration of immigrants
Integration of foreigners, aimed at promoting their equal participation in the social, economic, cultural and political life of the country, is considered one of the main directions of Germany's new migration strategy. Integration is facilitated by special courses that not only provide basic German language skills, but also help acquire knowledge of German history, culture, and the fundamentals of the country's political system. Integration programs are supplemented by the implementation of measures aimed at countering extremism, xenophobia and racism.
The objects of integration policy in Germany are foreigners who have a permanent residence permit, foreign workers from countries with which Germany had labor recruitment agreements, former contract workers of the GDR from Angola, Mozambique and Vietnam, as well as family members of the aforementioned groups of emigrants.
An important innovation is the mandatory nature of integration courses for so-called 'old migrants' (migrants who arrived in Germany before January 1, 2005), as well as for EU citizens residing in the country. As a result of the introduction of this measure, by the end of 2007 the number of 'old migrants' had increased by 5.1%. The number of 'new migrants' (those who arrived in Germany no earlier than January 1, 2005), on the other hand, decreased by 11% compared to the previous year. Obviously, this decline is associated with the tightening of conditions for family migration.
The majority of migrants attending courses come from Turkey (over 20%). They are followed by Russia, Poland, Iraq and Ukraine. The new version of the law also provides the opportunity for ethnic Germans to attend integration courses if there is a 'need for rapid integration'. Over the year of operation, this measure has already proven itself: the number of representatives of this group wishing to attend the course increased from 3.2% at the time of the reform's entry into force to over 10% by the end of the first quarter of 2008.
Tightening for relatives
Previous experience has witnessed many cases of abuse of the permit for relatives to come. Therefore, the new law uses the following current EU regulation. Persons married to German citizens arriving from abroad to Germany must provide a certificate of basic knowledge of the German language. In addition, the spouse of a German citizen must be at least 18 years old. The purpose of these innovations is, firstly, to combat forced marriages, and secondly, to facilitate the integration process for newcomers into German society. At the same time, it is still necessary to present proof of income not lower than the minimum subsistence level.
However, this innovation has caused the most criticism. Hiltrud Stöcker-Zafari from the Association of Binational Families considers such a measure extremely unfair: 'Many emigrants cannot pass the exam the first time, sometimes up to three attempts are needed,' she noted. 'The exam is too difficult. Does this promote rapid integration?'
Erika Broschek, a German language teacher at the Goethe Institute in Istanbul, knows about this problem firsthand. 'It is not so easy for people without higher education to learn a foreign language,' she emphasizes. 'Many do not have the skill of mastering such complex information, because German is not an easy language.' Moreover, according to her, there is another serious problem. Quality German language courses are offered mainly in large cities. Thus, not everyone has equal opportunities to learn the language. 'Many private courses and tutors appear. But their level rarely allows for proper preparation for the exam,' Broschek believes.
Law on freedom of movement
With the entry into force of the law on free movement within the European Union, a provision was introduced that finally regulated the residence status of EU citizens and their family members. This law contains various innovations of a substantive and procedural nature for EU citizens.
EU citizens are now given the opportunity to register with the foreigner's office through the competent authorities. The residence status for EU citizens has been abolished, and a new way of revoking the right to free movement for reasons of public order and security has been introduced.
Internal security and fight against terrorism
In the security sphere, the new migration law continues the line aimed at combating terrorism. As a rule, leaders of prohibited organizations may be denied entry into the country. Entry is prohibited for persons who harm public order and security or have committed war crimes.
Those sentenced to imprisonment must be deported without fail. To avoid a special danger to the country, the highest authorities of the state may issue a deportation order.
The norms of the new migration law in the security sphere, in particular in the area of visa applications and data exchange between various authorities, are specified by the law on the application of new directives.
Elena BARTASHEVICH.
Deutsche Welle