Immigration to Germany

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On 1 January 2005, a new immigration law came into effect that altered the legal method of immigration to Germany. 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 scientist 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.

[edit] Demographics

Further information: Demographics of Germany

In 2007, 91.2% (75.0 million) of residents in Germany had German citizenship. Of the remaining 8.8% (7.2 million), 1.7 million (2.1%) had Turkish, 0.5 million (0.6%) Italian and 0.4 million (0.5%) Polish citizenship.

[edit] Immigration regulations

[edit] 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). However, citizens of the new EU member states (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Bulgaria and Romania) are exempt from the free movement of workers principle for a transition period.

[edit] 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 knows 3 types of immigration titles: Visa (validity of up to 90 days), residence permit and settlement permit. 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 proof a public interest in the employment. The categories and all requirements are listed in the ordinance on employment.^[1]

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 know 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).

Since fall 2007, Germany requires spouses of eligible applicants to pass the "A1" levels German language exam before a visa is issued to them. Exceptions exist for individuals holding a nationality that is exempt from the visa requirement (visa waiver program), that hold a university or polytechnic degree, individuals who are handicapped to learn a language or will only stay a short period in Germany due to a time limitation in the category of the residence permit. A government leaflet describing the language requirements can be found at: Familiennachzug

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

[edit] Business Visa

Business visa 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.