Immigration to Germany

Germany is the second most popular migration destination in the world, after the United States. On 1 January 2005, a new immigration law came into effect. The political background to this new law was that Germany, for the first time ever, acknowledged to be an "immigration country". The practical changes to immigration procedures were relatively minor. New immigration categories, such as "highly skilled professional" and "scientist" were introduced to attract valuable professionals to the German labour market. The development within German immigration law shows that immigration of skilled employees and academics has been eased while the labour market remains closed for unskilled workers.

In April 2012, European Blue Card legislation was implemented in Germany, allowing highly skilled non-EU citizens easier access to work and live in Germany, subject to certain requirements.

As of 2014, one out of five persons has at least partial roots outside of Germany.

History of immigration to Germany

A so-called "guest worker" (Gastarbeiterin) from Cuba, working in an East German factory, 1986

After World War II until reunification (1945-1980)

See also: Eastern Bloc emigration and defection § Emigration restrictions, Turks in Germany, and Vietnamese people in Germany

Towards the end of World War II, and in its aftermath, up to 12 million refugees of ethnic Germans, so-called "Heimatvertriebene" (German for "expellees", literally "homeland displaced persons") had to migrate from the former German areas, as for instance Silesia or East Prussia, to the new formed States of post-war Germany and Allied-occupied Austria, because of changing borderlines in Europe. A big wave of immigration to Germany started in the 1960s. Due to a shortage of laborers during the Wirtschaftswunder ("economic miracle") in the 1950s and 1960s, the West German government signed bilateral recruitment agreements with Italy in 1955, Greece in 1960, Turkey in 1961, Morocco in 1963, Portugal in 1964, Tunisia in 1965 and Yugoslavia in 1968. These agreements allowed the recruitment of so-called Gastarbeiter to work in the industrial sector in 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 of residence"). Many of the descendants of those Gastarbeiter still live in Germany and many have acquired German citizenship.

The German Democratic Republic (GDR) recruited workers from outside its borders differently. It criticized the Gastarbeiter policy, calling it capitalist exploitation of poor foreigners, and preferred to see its foreign workers as socialist "friends" who traveled to the GDR from other communist or socialist countries in order to learn skills which could then be applied in their home countries. Most of these came from Vietnam, North Korea, Angola, Mozambique and Cuba. Following German reunification in 1990 many foreign workers in the new federal states of the former GDR had no legal status as immigrant workers under the Western system. Consequently, many faced deportation or premature discontinuation of residence and work permits, as well as open discrimination in the workplace.

1980-1993

During the 1980s, a small but steady stream of East Germans immigrating to the West (Übersiedler) had begun with the gradual opening of the Eastern bloc. It swelled to 389,000 in 1990. After the immigration law change in 1993, it decreased by more than half to 172,000.

German repatriates from Kazakhstan arriving in a camp in Friedland in 1988

During the same time, the number of ethnic Germans (Aussiedler) -Germans who had settled in German territory sometimes for centuries until WWII, i.e. in present-day Eastern Europe and Russia- began to rise in the mid-1980s to about 40,000 each year. In 1987, the number doubled, in 1988 it doubled again and in 1990 nearly 400,000 immigrated. Upon arrival, ethnic Germans became citizens at once according to Article 116 of the Basic Law, and received financial and many social benefits, including language training, as many did not speak German. Social integration was often difficult, even though ethnic Germans were entitled to German citizenship, but to many Germans they did not seem German. In 1991, restrictions went into effect, in that ethnic Germans were assigned to certain areas, losing benefits if they were moving. The German government also encouraged the estimated several million ethnic Germans living in the former Soviet Union and Eastern Europe to remain there. Since January 1993,no more than 220,000 ethnic Germans may immigrate per year.

And in parallel a third stream of immigration starting in the mid 1980s were war refugees, of which West Germany accepted more than any other West European country due to an unqualified right to asylum. From 1986 to 1989, about 380,000 refugees sought asylum, mostly from Iran and Lebanon. Between 1990 and 1992 nearly 900,000 people from former Yugoslavia, Romania, or Turkey sought asylum in a united Germany. In 1992, 438,000 applied, and Germany admitted almost 70 percent of all asylum seekers registered in the European Community. By comparison, in 1992 only about 100,000 people sought asylum in the U.S. The growing numbers of asylum seekers led to a constitutional change severely restricting the previously unqualified right of asylum, that former "refugees [had] held sacred because of their reliance on it to escape the Nazi regime". In December 1992, the Bundestag passed legislation amending the Basic Law, in which article 16 was changed to 16a. Persons entering Germany save from third countries were no longer granted asylum, and applications from nationals of so-called safe third countries of origin were refused. As of 2008, the numbers of asylum seekers had dropped significantly.

1993-present

Due to the outbreak of the Yugoslav Wars, a rising number of refugees headed to Germany and other European countries. Though only about 5 percent of the asylum applications were approved and appeals sometimes took years to be processed, many asylum seekers were able to stay in Germany and received financial and social aid from the government.As of 2013, the approval rate was about 30 percent, and 127,000 people sought asylum. During 2014 a total of about 202,834 people sought asylum in Germany. Even more asylum seekers will be expected for 2015 with more than 800,000 people. Mainly in 2015 there has been massively wrong information especially in some African, Arabic etc., media channels concerning the conditions of coming to and living in Germany. False promises of money, easy living and easy jobs were made.

As of 2014, about 16.3 million people with an immigrant background were living in Germany, accounting for every fifth person Of those 16.3 million, 8.2 million had no German citizenship, more than ever before. Most of them had Turkish, Eastern European or Southern European background. The majority of new foreigners coming to Germany in 2014 were from new EU member states such as Poland, Romania, Bulgaria and Croatia or from the Middle East and Africa. Due to ongoing conflicts in the Middle East, many people are hoping to seek asylum in the European Union and Germany. The vast majority of immigrants are residing in the so-called old states of Germany.

Refugee, Asylum and illegal Immigration crisis

Main article: European migrant crisis

Police intercepts refugees and potential illegal migrants at Munich Central Station

Refugees stuck in Salzburg (Austria) on their way to Germany in September 2015.

In 2014 more than 276,000 people entered illegally into the European Union, an increase of 138% from 2013. Since the numbers of asylum applications and illegal immigration to Europe and especially Germany rose tremendously from 2013 onwards, the situation for them in Europe and Germany in many cases is not good and refugee camps are completely overcrowded.

On March 20, 2015 the Federal Minister of the Interior of Germany stated that the average duration of the assessment of an asylum application of about ​5 ¹⁄₂ months is too long. Because there are often problems with the identification of refugees, finger print scans will be introduced, and individuals will be checked in more detail to identify their true place of origin. As there is a high burden for the several German States, the Federal Minister of the Interior also claims to deport faster illegals and individuals with denied asylum applications.

The original prediction of about 450,000 asylum seekers for 2015 in Germany is corrected to potentially over 800,000 people, which is almost double the number of the previous prediction for this year and four times the amount of the prior year. In a letter written by the Germany Vice-Chancellor of Germany to his fellow party members, the number of 800.000 potential refugees was raised again, now up to over 1,000,000 refugees for Germany. The Federal Minister for Foreign Affairs said that alleged refugees and illegals, especially from the Western Balkans area who have quite no chance to stay in Germany have to be sent back to their place of origin as soon as possible. The number of asylum seekers from the Western Balkans area has dramatically increased during the last year. A possible reason can be the increased time for application processes. The refugees from the Western Balkans area especially from Kosovo see that as an opportunity, since they can stay longer and make most of their time, as the application needs longer to be processed.[3] Furthermore, the deportation of illegal residents in Germany has almost doubled in the first 6 month in comparison to the same period in the prior year.

Immigration regulations

EU citizens

European Union free movement of workers principles require that all EU 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. (see also Directive 2004/38/EC on the right to move and reside freely). However, citizens of Croatia are exempt from the free movement of workers principle for a transition period of no more than 7 years (ending 2020), after the country's EU Accession in 2013. (see for more details 2013 enlargement of the European Union#Post-accession access to free movement in other EU member states)

Immigration options for non-EU citizens

Immigration to Germany as a non-EU-citizen 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 has 3 types of immigration titles: Visas (validity of up to 90 days), (temporary) residence permits, and settlement permits (permanent residence permits). Work permits, 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 former information technology(IT)Greencard program has been updated with a specific category within the ordinance on employment that allows IT specialists with a university or polytechnic degree to migrate to Germany for employment. Self-employment requires either an initial investment of EUR 250,000 and the creation of a minimum 5 jobs or the support of the local chambers of commerce or similar organizations that confirm the business plan' s socioeconomic value for the region.

After obtaining a university degree in Germany, foreign students may stay for one additional year to find a job that matches their qualifications.

Plans were discussed in 2009 to open the labour market for all foreigners holding a university degree, that have a specific job offer and for all graduates of German schools, including those located abroad.

Any person married to a German citizen or being a parent of a German minor may immigrate to Germany.

Immigrants need to be either enrolled in 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 residing in Germany (family reunification visa).

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.

Germany is offering two different types of work or business visa categories: employment visa and self-employment visa.

Student visa

In Germany, there are student applicant visas and student visas. The former can be applied for when the admission to a university is not yet completed, and lasts for three months, which can be extended up to six months. When a student visa is granted, the application for an extended residence permit should follow at the respective university office. This is relevant for non-EU citizens and all students who intend to stay longer than 90 days. While applying for a German national visa it is necessary for foreign student prepare in advance with documents that need to be submitted

In general, public German universities don't charge tuition fees. This usually also applies to foreign students. The German Academic Exchange Service (DAAD) provides support for international students and academic cooperation.

After graduating, citizens of the EU or the European Economic Area (EEA) have free access to the German job market. Graduates from other countries can extend their residence permit for up to 18 months to look for employment. While many employers prefer proper German-language skills, there is also a great variety of English-language and globalised jobs in Germany, especially in multinational companies, many startups and in research fields. According to a study of the Federal Office for Migration and Refugees (BAMF), around 54 percent of foreign students in Germany decide to stay after graduation.

Asylum seekers and refugees

See also: European migrant crisis

German asylum law is based on the 1993 amendment of article 16a of the Basic Law as well as on the 1951 Convention and 1967 Protocol relating to the Status of Refugees.

In accordance with the Geneva Convention on Refugees, Germany grants refugee status to persons that are facing prosecution because of their race, religion, nationality or belonging to a special group. Since 2005, recognized refugees enjoy the same rights as people who were granted asylum.

Distribution of refugees within the federal states has been accomplished by the annually recalculated "Königsteiner Schlüssel".

Naturalization

Main article: German nationality law

A person who has immigrated to Germany may choose to become a German citizen. A right to become a German citizen (Anspruchseinbürgerung) arises when a person:

• has a right to reside in Germany
• has lived in Germany legally for at least eight years (seven years if the Integrationskurs is successfully passed)
• does not live on welfare as the main source of income unless unable to work, for example, because the person is 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:
  1. the applicant is a citizen of another European Union country, or the Swiss Confederation;
  2. the applicant is a refugee, holding a 1951 convention travel document;
  3. the applicant is from a country where experience shows that it is impossible or implies extreme difficulties to be released from nationality (i.e. Algeria, Iran, Lebanon, Morocco, Syria, Tunisia);
  4. such renunciation would cause the applicant serious economic harm; or
  5. he possesses family ties with his former nationality that he can not renounce for either economical, political or personal reasons.

In the first three cases, the exemption is of right, in the fourth and fifth cases, an application for permission to retain the nationality of origin must be made prior to naturalisation. Typical examples of the fourth and fifth cases include where a person would be unable to inherit real property in the country of origin. (Particular problems have arisen 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.

Applications for naturalisation made outside Germany are possible under certain circumstances, but are relatively rare.

Immigrant population in Germany by country of birth

Further information: Demographics of Germany

According to the Federal Statistical Office of Germany in 2012, 92% of residents (73.9 million) in Germany had German citizenship, with 80% of the population were Germans (64.7 million) having no immigrant background. Of the 20% (16.3 million) people with immigrant background, 3.0 million (3.7%) had Turkish, 1.5 million (1.9%) Polish, 1.2 million (1.5%) Russian and 0.85 million (0.9%) Italian background.

In 2014, most people without German citizenship were Turkish (1.52 million), followed by Polish (0.67 million), Italian (0.57 million), Romanians (0.36 million) and Greek citizens (0.32 million).

As of 2015, the numbers of selected groups of resident foreign nationals in Germany were as follows:

Rank	Nationality	Population (2015)
1	Turkey	1,506,113
2	Poland	740,962
3	Italy	596,127
4	Romania	452,718
5	Syria	366,556
6	Greece	339,931
7	Croatia	297,895
8	Serbia	260,212
9	Russia	230,994
10	Bulgaria	226,926
11	Kosovo	208,613
12	Austria	181,756
13	Hungary	178,221
14	Bosnia and Herzegovina	167,975
15	Spain	155,918
16	Netherlands	147,322
17	Iraq	136,399
18	Portugal	133,929
19	Ukraine	133,774
20	Afghanistan	131,454
21	France	126,739
22	China	119,590
23	United States	111,529
24	United Kingdom	105,965
25	Macedonia	95,976
26	Vietnam	87,214
27	India	86,324
28	Iran	72,531
29	Morocco	72,129
30	Albania	69,532
31	Pakistan	61,720
0	Unknown	61,221
32	Thailand	58,784
33	Czech Republic	53,908
34	Slovakia	50,889
35	Kazakhstan	46,344
36	Lithuania	43,057
37	Switzerland	39,780
38	Brazil	38,650
39	Nigeria	37,404
40	Lebanon	37,160
41	Japan	35,004
42	Eritrea	31,100
43	Tunisia	30,696
44	South Korea	30,243
45	Latvia	30,157
46	Ghana	29,590
47	Slovenia	27,222
48	Belgium	26,613
49	Sri Lanka	25,759
50	Somalia	23,350
51	Egypt	22,979
52	Montenegro	22,773
53	Georgia	22,030
54	Belarus	21,151
55	Philippines	21,007
56	Denmark	20,828
57	Algeria	20,505
58	Sweden	19,305
59	Cameroon	19,800
60	Armenia	19,222
61	Azerbaijan	18,766
62	Luxembourg	16,848
63	Indonesia	16,738
64	Finland	14,580
65	Ethiopia	14,510
66	Ireland	13,108
67	Moldova	14,815
68	Israel	12,835
69	Australia	12,295
70	Senegal	12,090
71	Democratic Republic of the Congo	10,688
72	Kenya	10,395
73	Togo	10,071
74	Jordan	10,041
75	Chile	6,976
76	Taiwan	6,705
77	Norway	6,536
78	Gambia	6,362
79	Estonia	6,286
80	Gambia	5,599
81	Angola	5,611
82	Sudan	5,400
83	South Africa	5,308
84	Rwanda	4,888
85	Argentina	4,791
86	Palestine	4,596
87	Tanzania	3,688
88	Zambia	2,480
89	Liberia	1,998
90	Burundi	2,119
91	Sierra Leone	2,111
92	Cyprus	1,998
93	Iceland	1,503
94	Malta	610
95	Liechtenstein	251

Comparison with other European Union countries

According to Eurostat 47.3 million people lived in the European Union in 2010, who were born outside their resident country which 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 (thousands)	Total foreign-born (thousands)	%	Born in other EU state (thousands)	%	Born in a non-EU state (thousands)	%
EU 27	501,098	47,348	9.4	15,980	3.2	31,368	6.3
Germany	81,802	9,812	12.0	3,396	4.2	6,415	7.8
France	64,716	7,196	11.1	2,118	3.3	5,078	7.8
United Kingdom	62,008	7,012	11.3	2,245	3.6	4,768	7.7
Spain	45,989	6,422	14.0	2,328	5.1	4,094	8.9
Italy	60,340	4,798	8.0	1,592	2.6	3,205	5.3
Netherlands	16,575	1,832	11.1	428	2.6	1,404	8.5
Greece	11,305	1,256	11.1	315	2.8	940	8.3
Sweden	9,340	1,337	14.3	477	5.1	859	9.2
Austria	8,367	1,276	15.2	512	6.1	764	9.1
Belgium (2007)	10,666	1,380	12.9	695	6.5	685	6.4
Portugal	10,637	793	7.5	191	1.8	602	5.7
Denmark	5,534	500	9.0	152	2.8	348	6.3

See also

• List of countries by immigrant population
• List of sovereign states and dependent territories by fertility rate

External links

Governmental

"6.180,013" Ausländer in Deutschland

"Unsere Aufnahmekapazität ist begrenzt, ..."

German Foreign Office

Federal Office for Migration and Refugees

Non-governmental

Legal Guide to Germany

German Citizenship Test

Information for moving to and working in Germany for immigrants