Immigration to Germany

On 1 January 2005, a new Immigration Law came into effect that altered the legal method of immigration to Germany. The practical changes to the immigration procedures and limitations were relatively minor, although changes occur regularly. Traditionally, Germany has not considered itself a country with a need for large numbers of immigrants and has limited entry accordingly.

EU Citizens

EU free movement of workers 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).

Difficulties for Non-EU Citizens

Immigrating to Germany as a non-EU-citizen has not become easier under the new law as it continues to limit the recruitment of foreign employees. This limitation applies most particularly to unskilled or semi-skilled employees. In order to obtain a work permit one must demonstrate a justified individual need or public interest in the employment. Without a concrete job offer one has almost no chance of getting a residence permit.

Since 1 January 2008, Germany has finished the Green Card programme which is the first of its kind in Europe. The German government now expects to have different laws in place, which make the labour market more flexible for German nationals and European Union nationals. After this come other persons, although it is common knowledge throughout the government that not enough people with high-level qualifications are coming to work in the German economy. [Die Welt] To fix this, the government will rely on the new European Union Blue Card and on a new “job seekers visa” which will allow those with the right qualifications to be given an entry visa to find work in the country. The details of this and the launch are being awaited in Q1 2008. [Frankfurter Allgemeine Zeitung]

Germany also now has a new law that requires all entrants to pass a language fluency exam before settling within its borders. This is for partners and spouses of German citizens and those with residency permits for living in the country and undertaking legal economic acitivity. [Frankfurter Allgemeine Zeitung]

Self-employed people can get a residence permit, so long as the government finds that the job would fulfill a superior economic interest, fulfill a regional need, or have an expected net positive effect on the economy. Furthermore, the sponsor must guarantee the financing. Once an immigrant has met those requirements, an individual inquiry will take place as to whether a German citizen or preferred immigrant could perform the same job function. As a general rule these requirements will be assumed if at least ten jobs will be created and 1 million € invested. The assessment of the requirements will conform to the quality of the business idea, the entrepreneurial experience of the applicant, the capital expenditure, the effects on employment and out–of–school education, and the contribution to innovation and research. A residence permit to work self-employed could also be issued, if there are mutual benefits according to international law. After three years one may apply for and receive a permanent residence permit "“Niederlassungserlaubnis”", so long as the planned idea is put into practice successfully and one's livelihood is secured.

Foreign students can stay for one year after a university degree in order to find a job matching their qualifications.

References

External links

: [http://www.auswaertiges-amt.de/diplo/en/Startseite.html German Foreign Office] : [http://www.bamf.de/ Federal Office for Migration and Refugees] de icon