Migration and integration. Residence law and policy on migration and integration in Germany

Transcription

1 1 Migration and integration Residence law and policy on migration and integration in Germany

2

3 Migration and integration Residence law and policy on migration and integration in Germany

4 My fellow citizens, Nearly one in five residents of Germany today has an immigrant background that is roughly 16 million people. About half of them hold German citizenship. These figures show that Germany has become a country of immigration. People from Europe and all over the world find Germany an attractive place to live. That is good news, because we all know that we urgently need skilled workers, including those from abroad. So we are encouraging immigration by skilled and highly qualified workers. At the same time, the fate of those fleeing or driven from their homes demands a policy response. The number of people seeking protection in our country is rising dramatically. We take our humanitarian obligation to protect refugees very seriously. The United Nations High Commissioner for Refugees, António Guterres, has praised this commitment: Germany is a leader and role model in Europe when it comes to refugee protection. Such praise also serves as motivation to do more, since in the long term we will need a good, common European response to the growing number of refugees. Europe, and

5 FOREWORD 5 even Germany, despite its willingness and efficiency, cannot take in all the people who want to come here for very different reasons. This is why we want to manage immigration intelligently. Our country s capacity to admit and integrate foreigners is as important in this regard as developments in our economy and labour market. The aim of our integration policy is to enable everyone living here legally and permanently to participate fully in society, with all the rights and duties that entails. This publication provides a basic outline of Germany s policy on migration and integration in a European context. In addition to explaining the legal foundations and requirements determined by law on asylum, residence and freedom of movement, it contains structural data and information on immigration in general and by specific groups. It also describes key institutions and lists relevant contact addresses. Yours sincerely, Dr Thomas de Maizière, Member of the German Bundestag Federal Minister of the Interior

6 6 Contents 1. MIGRATION TO GERMANY: FACTS AND FIGURES Fundamentals of migration policy The history of migration to Germany Immigration to Germany since Persons of immigrant origin Immigrant groups Current key figures Germany in international comparison INTEGRATION OF MIGRANTS IN GERMANY Aims of integration Data on integration Federal support for integration Responsibilities within the Federal Government Integration courses Migration advising services Supporting measures for social integration Information measures Dialogue on integration National Action Plan on Integration and dialogue forums The German Islam Conference Immigrants voting rights and opportunities for participation THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY Introduction European policy on asylum and refugees A common EU policy on migration Managing legal migration Combating illegal migration European visa policy The right of permanent residence of EU citizens Loss of the right of entry and residence Transitional provisions for EU citizens from Croatia 107

7 CONTENTS 7 4. FREEDOM OF MOVEMENT FOR EU CITIZENS General information Development of European freedom of movement Legal basis The right of entry and residence of EU citizens The right of permanent residence of EU citizens Loss of the right of entry and residence Transitional provisions for EU citizens from Croatia FOREIGNERS RIGHT OF RESIDENCE IN GERMANY Employment Education and university-level study Family reasons Residence under international law or on humanitarian or political grounds Allocation of foreigners who have entered the country illegally ACQUIRING GERMAN CITIZENSHIP General information Naturalization procedures Naturalization since the reform of law on nationality European Convention of 6 November ETHNIC GERMAN RESETTLERS (SPÄTAUSSIEDLER) Introduction Admission procedure Spouses and descendants who are not ethnic Germans Visa procedures Entry of additional family members under residence law Allocation procedure Legal status 139

8 8 CONTENTS 7.8 Certification process Acquisition of citizenship JEWISH IMMIGRATION ASYLUM, PROTECTION OF REFUGEES AND SUBSIDIARY PROTECTION Foundations of asylum law Prerequisites Persons excluded from asylum or refugee protection Asylum procedure Subsidiary protection and deportation bans related to the country of destination Current situation in Germany TERMINATION OF STAY General information Expulsion Deportation Deportation bans Temporary suspension of deportation Custody awaiting deportation Statistics RETURN POLICY Introduction Voluntary return Reintegration at home Forced return SECURITY Political extremism, Islamism and crime Political extremism Islamism Counter-terrorism 169

9 CONTENTS General information The Counter-Terrorism Act (2002) The Residence Act (2005) and the Act to Implement Residence- and Asylum-Related Directives of the European Union (2007) INSTITUTIONS RELATED TO MIGRATION AND INTEGRATION Federal Office for Migration and Refugees Federal Government Commissioner for Migration, Refugees and Integration Federal Government Commissioner for Matters Related to Ethnic German Resettlers and National Minorities The Federal Anti-Discrimination Office The Federal Office of Administration 185 ANNEX I 187 Glossary 187 ANNEX II 192 Chronology of the policy on foreigners since the recruitment of foreign workers 194 ANNEX III 201 Agencies and institutions 201

10 10 1 Migration to Germany: Facts and figures 1.1 Fundamentals of migration policy One of the greatest challenges of our time is managing global migration across national borders. Although Germany has also seen major internal migration from east to west over the past 25 years, this report looks only at in- and out-migration across our national borders. In the 1990s, the number of persons migrating to Germany was significantly higher than the number of those leaving. More recently, however, the difference between these two figures (net migration) shrank and was even negative in 2008 and Between 1997 and 2002, roughly 850,000 Germans and foreigners moved to Germany from other countries each year. By 2006, that number had fallen to 660,000, its lowest level since 1987, but by 2013 it had again climbed to 1,226,000. By contrast, the number of people moving out of the country remained fairly constant, ranging between 600,000 and 750,000 annually from 1997 to In 2013, about 789,000 people emigrated from Germany, resulting in net migration of about 437,000. Population mobility will continue to rise in future due to increasing globalization. As a result, migration is likely to affect more and more people in the coming decades. Not least in view of the expected demographic changes, migration policy in Germany and Europe as a whole must set the course for the future. People may decide to leave their native country for many different reasons. At the end of 2013, the United Nations refugee agency, the Office of the High Commissioner for Refugees (UNHCR), was looking after 11.7 million refugees worldwide fleeing war, oppression and violence in their home countries. But we know that migration movements also arise out of differences in living standards. Migration movements must be viewed in a global context. The European nations must be willing to help migrants countries of origin, so that their citizens can hope for a better future at home. The only way we can meet the challenges migration brings is by working together. At European and national level, we must pay attention to policy interactions and closely

11 1 MIGRATION TO GERMANY: FACTS AND FIGURES 11 coordinate the various policy fields justice, the interior, economics, development cooperation and foreign relations. The Global Approach to Migration adopted by the European Council in December 2005 and regularly updated and expanded since then provides important orientation. 1 This document contains a concrete action plan for priority measures which are now being gradually implemented by the European Union and its Member States. It calls for expanding the dialogue with third countries and for developing joint measures along the relevant migration routes, in order to bring migration under control. Migration must be managed and controlled, because there are also interests at stake: the interests of new arrivals and of those already here; personal, humanitarian, economic and national interests; and European and international security and integration interests. The ability to control and manage immigration depends to a significant degree on whether uncontrolled, illegal immigration can be successfully contained and reduced. Germany, Europe and the international community therefore face the following four tasks: QQ limiting illegal immigration, Q Q carefully and responsibly weighing the prospects for legal immigration, Q Q making integration the prerequisite and limit for further migration, so that it contributes to peaceful co-existence; and QQ ensuring the security of the people living in Germany and Europe. 1 Presidency Conclusions, Brussels European Council, December 2005, Doc 15914/05, CONCL 3.

12 The history of migration to Germany Migration to and from Germany has a long history. The reasons for such migration have basically remained the same for centuries: the desire for a better life for oneself and one s children; flight from political, ethnic, or religious persecution; forced expulsion. Long before the targeted recruitment of foreign labour began in 1955, Germany was the destination for numerous immigrants. Already in the second half of the 17th century, for example, Prussia took in large numbers of French Protestants, known as Huguenots, whose lives and livelihoods were threatened in Catholic France. Approximately 20,000 of them, or about one-third of the population of Berlin at that time, fled to Brandenburg-Prussia. The reception and integration of the Huguenots was not entirely free of conflict at the start. But this early example of migration is an especially good illustration of how immigration can benefit a society over the medium and long term and become a significant growth factor. Another example is the many Polish immigrants who settled in the Ruhr region following the Franco-Prussian War of Expulsion and flight have long been major causes of migration. Just as many Germans found themselves forced to leave their homeland under the Nazi dictatorship, or millions of Germans fled or were expelled from the territory of present-day Poland and the Czech Republic after the end of World War II, large numbers of people today are forced by war and political persecution to leave their native countries. Very few of them manage to reach Europe; by far the largest majority remains in their regions of origin, where they are taken in and aided by neighbouring countries, themselves often struggling with severe poverty. As it has in the past, Germany will continue to fulfil its humanitarian obligations towards such persons. These obligations derive in particular from the UN Convention on Refugees and the right to asylum anchored in Germany s constitution, the Basic Law. There is also a long tradition of emigration from Germany: in smaller numbers during times of prosperity, in greater numbers during times of economic depression or political instability. One example is the emigration in the 19th century of Germans from Hesse and the Palatinate to France, where they played a crucial role in expanding the canal system and the railway network. Further examples are the hundreds of thousands who left misery and poverty in Germany during the 19th century to seek new lives in Russia, South America, Canada and the United States.

13 1 MIGRATION TO GERMANY: FACTS AND FIGURES 13 With its population shrinking and ageing, Germany could find itself relying in the medium and long term on young, educated and highly motivated immigrants because they play an important role in helping maintain the country s prosperity for many years to come. The next section portrays the development of immigration to Germany since 1945 by the largest groups of immigrants, and it presents current data about foreigners in Germany. 1.3 Immigration to Germany since 1945 Between the summer of 1944, when large numbers of the population began to flee the approaching front in World War II, and the end of 1949, roughly 7.7 million German expellees had been admitted to the territory of the Federal Republic of Germany. By the end of 1981, 1.1 million ethnic German resettlers from Eastern Europe and about 700,000 expellees who had temporarily settled elsewhere brought this figure to 9.5 million. Between 1982 and 2013, the Federal Republic took in another 3.5 million ethnic German resettlers and their families from Eastern Europe and the countries of the former Soviet Union. In 1950, about 500,000 foreigners lived in the Federal Republic of Germany, making up only 1% of the total population. Later immigrants came in several waves. Migration by foreigners Most of the growth in Germany s foreign population after 1945 was composed of foreign workers, known as guest workers, who entered the country from 1955 to 1973, and asylum seekers, who began arriving in greater numbers starting in late As more members of these groups arrived in Germany, more of their family members accompanied or rejoined them later, and more children were born to them in Germany. Foreign workers In the 1950s, the Federal Republic of Germany s economic miracle led to a growing demand for unskilled and semi-skilled labour. The domestic supply of labour was insufficient to meet this demand, so the government signed recruitment agreements with Italy (1955), Spain and Greece (1960), Turkey (1961), Morocco (1963), Portugal (1964), Tunisia (1965) and Yugoslavia (1968). From 1955 until 1961, however, the number of foreigners living in Germany rose by only about 200,000. After 1961, steady economic growth and the German Democratic Republic s decision to close its borders to the West and build the Berlin Wall, which cut off the flow of workers from East Germany, contributed to increasing labour shortages. This development was further exacerbated by the introduction of a shorter working week and a shrinking la-

14 14 bour force. From 1960 to 1972, the number of Germans in the labour force fell by 2.3 million, leading to increased recruitment of foreign workers. In 1960, foreigners accounted for only 1.3% of those in employment; by 1973 this figure had risen to 11.9%. During this period, the total number of persons in employment rose from 26.3 million to 27.7 million, while the labour force participation rate (i.e. the total number of employed and unemployed persons as a proportion of total population) fell from 47.6% in 1960 to 44.3% in The first generation of foreign workers was made up mostly of single men between the ages of 20 and 40, although increasing numbers of women also came to Germany by themselves. Until the late 1960s, most foreign workers were Italian, Spanish or Greek. Later, workers from then-yugoslavia and above all Turkey predominated. In 1968, Turkish citizens

15 1 MIGRATION TO GERMANY: FACTS AND FIGURES 15 made up 10.7% of the foreign population in Germany, with Yugoslavians at 8.8%; by 1973, Turkish citizens accounted for 23% of foreigners living in Germany, while Yugoslavians made up 17.7%. Most foreign workers were employed in the states of North Rhine-Westphalia, Baden-Württemberg, Bavaria and Hesse. The original intention was to limit the length of time foreign workers could stay in Germany: Once this allotted time had run out, the foreign workers were supposed to return to their home countries, to be replaced by new ones ( rotation principle ). But starting in the late 1960s, a growing number of foreign workers stayed in Germany permanently. This served the interests of employers, who wanted to keep their experienced workers, and of the workers themselves, who increasingly came to regard Germany as their home and who wished to take advantage of the better income opportunities and existing infrastructure for the long term. For many foreign workers, the 1973 ban on recruiting foreign labour may have acted as an incentive to stay in Germany permanently, as it made it impossible to return to one s home country temporarily and then come back to Germany to work. Subsequent immigration by family members also increased.

16 16 Abb. 01: Anteil bestimmter Staatsangehöriger an allen Ausländern Figure 1: 2 Selected nationalities as a percentage of all foreigners 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% Poland Yugoslavia and its successor states Turkey Portugal Spain Greece Italy Other Source: Central Register of Foreigners (AZR) as at 31 December 2013 Source: Central Register of Foreigners (AZR) as at 31 December 2013 From 1973 to 1979 the percentage of foreigners in Germany remained stable. Although the number of foreigners moving out of Germany exceeded the number of those moving in, a rising birth rate largely made up the difference. Overall, between 1973 and 1988 the number of foreigners rose quite slowly from 4 million to 4.8 million. But starting in 1986, the number 2 Unless otherwise indicated, data presented in this and subsequent figures for the period up to 1989 refer to the territory of West Germany prior to 1990 and from 1990 onwards to the territory of reunified Germany.

17 1 MIGRATION TO GERMANY: FACTS AND FIGURES 17 of foreigners moving to Germany rose significantly, exceeding the number of those moving away (see Table 7). Within only eleven years (1986 to 1996), the number of foreigners living in Germany jumped by 2.8 million to 7.3 million. This growth was only partly due to family members rejoining those living in Germany and to the birth of roughly 1 million foreign children during the period. Most of the rise was due to increasing numbers of asylum seekers starting around 1980 and growing stronger from 1985 onwards. German reunification also occurred during this period (see the section on foreigners in the GDR). Asylum applicants In addition to immigration by foreign workers and their family members, Germany has taken in asylum seekers since the 1950s. Up to the late 1970s, however, the number of asylum seekers was relatively low at around 10,000 persons a year, most of them from Eastern Bloc countries. The number of asylum seekers saw a temporary rise in 1979 and Of the 107,000 persons who applied for asylum in 1980, more than 50% were Turkish citizens. The rise was also related to the ban on recruiting foreign labour, as is clear from the much lower rate of asylum applications approved as compared to previous years. In 1983, the number of asylum seekers again dropped below 20,000, before steadily rising from 1984 until 1992, when it peaked at nearly 440,000. After the reform of asylum law in 1993, the number of asylum seekers subsided more or less steadily; with about 19,200 applications in 2007, it was back to a similar level as in Since 2007, more asylum seekers have again been coming to Germany; in 2013 the number was about first-time applicants was 109,600 (see Figure 2) and 17,443 subsequent applications.

18 Figure 2: Number of asylum applicants in Germany since Figure 2: Number of asylum applicants in Germany since , , , , , , , , , ,000 Source: Federal Office for Migration and Refugees (Note: Figures to 1994 include both first-time and subsequent asylum applications; figures from 1995 on count only first-time applications).

19 1 MIGRATION TO GERMANY: FACTS AND FIGURES 19 Refugees from civil war in the former Yugoslavia In 1992, war broke out in Bosnia and Herzegovina; by the time it ended, with the Dayton Accords of December 1995, Germany had granted temporary residence on humanitarian grounds to around 345,000 Bosnian refugees, more than all the other EU countries combined. The great majority of these refugees has since left Germany, most of them voluntarily and with help from the relevant repatriation aid programmes. Fewer than 10,000 of these refugees are still in Germany; some were granted the right to remain, enabling them to establish permanent residence, while the rest were ordered to leave the country. In addition to the refugees from Bosnia-Herzegovina, by 1994 Germany had also taken in about 35,000 Croatian refugees. A German-Croatian readmission agreement was signed in April 1994 (it was provisionally implemented immediately and formally entered into force in October 1997) and returns of refugees started in June. The agreement provided for various phases of returns based on different groups of persons. The second return phase started in September By 2000, most Croatian refugees had returned to their home country. During the Kosovo crisis in 1999, Germany took in about 15,000 evacuees from Kosovo as part of an international humanitarian initiative. These persons also returned to their homeland after the conflict ended.

20 20 Table 1: Foreign population in the GDR as at 31 December 1989 Soviet military personnel 380,000 their family members 200,000 other foreigners (total) 191,200 of whom: contract workers from: 90,600 - Vietnam 59,000 - Mozambique 15,100 - Cuba 8,300 - Angola 1,300 - China Poland: non-commuters commuters 3,500 2,500 Sources: Federal Office for Labour and Social Research, Federal Agency for Civic Education Foreigners in the German Democratic Republic Starting in the mid-1960s, the German Democratic Republic (GDR) also experienced an influx of foreign workers within the framework of labour cooperation in the Council for Mutual Economic Assistance (Comecon). As in the Federal Republic of Germany, foreign workers were usually employed in areas that Germans found less attractive. But the GDR strictly enforced the principle of rotation, so that there was no subsequent immigration of family members. Workers residence permits in the GDR were explicitly linked to their place of work, which made it practically impossible for them to become integrated. According to GDR sources, foreigners made up about 1% of the labour force (see Table 1).

21 1 MIGRATION TO GERMANY: FACTS AND FIGURES Persons of immigrant origin A look at Germany s population reveals that the number of foreigners living in Germany does not represent the whole migration picture. Persons of immigrant origin also play a significant role. This term covers both foreign nationals and German citizens, and both those citizens who are themselves immigrants (resettlers, naturalized foreigners) and their children and grandchildren born in Germany. It may be assumed that about one in five persons living in Germany (about 16.3 million persons) has an immigrant background, including 8.9 million German citizens. About three million people are of Turkish background, and about 1.6 million have roots in the former Yugoslavia Immigrant groups Almost all migrants to Germany fall into one of the following categories: QQ citizens of other EU countries, Q Q skilled workers from non-eu and non-eea (Iceland, Liechtenstein, Norway, Switzerland) countries QQ spouses and family members of non-eu nationals joining relatives already in Germany, QQ ethnic German resettlers and their families QQ asylum seekers QQ foreign students, and QQ Jewish immigrants.

22 22 Migrants from other EU countries As EU citizens, all nationals of the Member States of the European Union have the right to move freely within the European Union and to enter and reside in any EU Member State (for more information on the freedom of movement, see Chapter 4). From 1998 to 2003, between 136,000 and 99,000 citizens of the other 14 EU countries moved to Germany each year. When Poland joined the EU in 2004, this number rose to 266,000, and by 2009 it had grown to about 349,000. Since 2005, between 112,000 and 178,000 Polish nationals have moved to Germany each year. In 2010, in the wake of the global financial crisis, growing numbers of EU citizens from Greece, Spain, Portugal and Italy started coming to Germany, along with citizens from Hungary, Romania and Bulgaria. Until 2004, net migration of EU citizens (EU-15) was negligible: From 1998 to 2004, about 39,000 more EU citizens emigrated from Germany than moved here, or an average of 5,600 per year. This trend reversed in 2005, after the accession of ten new Member States in 2004 and another two in 2007: From 2005 to 2009, 189,000 more EU citizens moved to Germany than emigrated (an average of 38,000 per year). This figure increased significantly in subsequent years: In 2012, net migration of EU citizens had grown to 245,000 (738,000 immigrating over 493,000 emigrating), accounting for about two-thirds of the overall total.

23 1 MIGRATION TO GERMANY: FACTS AND FIGURES 23 Subsequent immigration by spouses and family members of non-eu nationals Spouses, children and in certain cases other family members of non-eu nationals may under certain conditions (see Chapter 5 for more information) accompany these nationals when immigrating to Germany or may rejoin them in Germany at a later date. No precise statistics on such immigration before 2005 are available, though the number of visas issued by German diplomatic missions abroad for the purpose of family reunification gives a general indication. Statistics kept since 1996 show annual numbers of approx. 50,000 to 85,000 persons, generally rising until Starting in 2003, the number of such visas issued fell steadily to 40,400 in That year, about 16% of family members immigrating subsequently applied for their visas in Turkey. The actual number of family members immigrating subsequently was probably higher, because for example under certain conditions it is possible to apply to one s local foreigners authority for a residence permit after arriving in Germany. Such cases are not included in the statistics on subsequent immigration by family members. According to the available data from the Central Register of Foreigners, in 2006 about 59,000 residence permits were issued for family reasons to persons who had entered Germany. Between 44,000 and 55,000 such residence permits were issued each year from 2007 to Immigration by ethnic German resettlers Ethnic German resettlers (Spätaussiedler) are ethnic Germans as defined in Article 116 (1) of the Basic Law from the former Soviet Union and Warsaw Pact countries who experienced discrimination related to the events of World War II. A special challenge for the integration of ethnic German immigrants and their family members from Russia is the fact that many of them speak little or no German, primarily as a result of repressions in the Soviet Union. The number of ethnic German resettlers and their families has fallen off dramatically since the late 1980s to the mid-1990s (approx. 377,000 in 1989; 397,000 in 1990 and more than 200,000 each year in 1993, 1994 and 1995). In 2013, this figure was only 2,427 (2012: 1,817).

24 24 Asylum seekers Asylum seekers are those persons who have or intend to submit an application for asylum; the term refugee is often incorrectly used as a synonym. The term refugee is defined internationally in the Convention relating to the Status of Refugees of 28 July 1951 (Geneva Convention on Refugees). According to the Convention, the term refugee applies to any person who... owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. 3 In Germany, the Federal Office for Migration and Refugees (BAMF) examines asylum applications to determine whether the applicant meets the conditions for recognition as a refugee. Some recognized refugees are also entitled to asylum under Article 16a of the Basic Law. These are mainly persons who experienced political persecution in their home country and who travelled directly to Germany (not via a safe third country). During the asylum procedure, the Federal Office also examines whether persons who do not qualify as refugees under the Geneva Convention nonetheless need protection because they face threats to their life, health or personal freedom in their home country. Such protection is called subsidiary (supplementary) protection, when the conditions of Directive 2011/95/EC are met. 4 It includes in particular protection against torture or inhumane or degrading treatment or punishment, protection against capital punishment and protection against threats from war or civil war in the country of origin. Threats not resulting from human actions can also lead to a ban on deportation (to a particular country). Such threats include serious illnesses which cannot be adequately treated in the foreign country. These threats must be directly faced by the individual asylum applicant; a general situation of threat is not sufficient to grant protection. Both refugees and persons who qualify for subsidiary protection have the right to remain in Germany. A ban on deportation to a particular country usually leads to the right to remain in Germany; in some cases, however, the person concerned may be informed of the possibility of travelling to a third country not covered by the deportation ban. 3 Chapter 1, Art. 1 no. 2 of the Convention relating to the Status of Refugees (Geneva Convention on Refugees) of 28 July 1951 (Federal Law Gazette II 1953 p. 559, published 28 April 1954, Federal Law Gazette II p. 619). 4 Directive 2011/95/EU of the European Parliament and the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted.

25 1 MIGRATION TO GERMANY: FACTS AND FIGURES 25 For a limited time, many people fleeing civil wars, such as those from the former Yugoslavia, found refuge in Germany. For example, up to 1997 Germany admitted roughly 345,000 Bosnian refugees. In all but a few cases (e.g. persons suffering severe trauma), these persons have now left Germany. Such protection is temporary and serves primarily to handle a situation of mass flight or major influx of refugees from war or civil war. In many other cases, asylum seekers whose applications have been rejected and who do not qualify as refugees or for subsidiary protection or a deportation ban are not deported for humanitarian or other reasons. Since the 1950s, the Federal Republic of Germany has admitted more than 3.5 million asylum applicants, 2.5 million of them since In that time, the Federal Office for Migration and Refugees has granted more than 412,000 asylum applicants the status of refugees under the Table 2: Persons admitted on political or humanitarian grounds as at 31 December 2013 Persons entitled to asylum and persons granted refugee status abroad: 39,335 Other persons with refugee status under the Geneva Convention on Refugees: Persons whose refugee status or entitlement to asylum has expired or been revoked 82,951 38,395 Asylum applicants 135,581 Displaced foreigners 2,086 Persons granted a residence permit pursuant to Section 25 (3) of the Residence Act (deportation ban pursuant to Section 60 (2), (3), (5) or (7) of the Residence Act) 45,299 Persons whose deportation has been temporarily suspended 94,508 Persons admitted temporarily on other humanitarian grounds 128,743 Jewish immigrants from the former Soviet Union admitted to Germany and their family members 214,455 Source: Central Register of Foreigners (AZR), Source: Federal Office for Migration and Refugees

26 26 Geneva Convention on Refugees. Nearly 50,000 additional persons have been granted subsidiary protection or protection against deportation since Many of those who came to Germany years ago and were recognized as refugees have become part of our society, and many have acquired German citizenship. So the figures on the current number of persons admitted on political or humanitarian grounds remain incomplete. Statistics are available for the following groups (see Table 2). Germany has for many years been increasing its efforts world-wide to help people improve their living conditions in their home countries. Legislative measures, more efficient asylum procedures and growing European cooperation to combat asylum fraud have also contributed to the steady reduction in the number of asylum applicants in Germany from the mid-1990s to 2007 (19,200 first-time applications). Since 2008, however, the annual number of asylum applications has again been rising (2013: 109,600 first-time applications and 17,400 subsequent applications). Migration by less-skilled workers As part of the reform of immigration law, the ban on recruiting less-skilled foreign workers (those without at least three years of occupational training) remains in place, especially due to the large proportion of unemployed who have not completed occupational training. In 2013, an average of 43.5% of the unemployed had not completed occupational training.

27 1 MIGRATION TO GERMANY: FACTS AND FIGURES 27 Figure 3: Asylum applicants in 2013 (total of 109,580 first-time applications) Figure 3: Asylum applicants in 2013 (total of 109,580 first-time applications) 13.6% Russian Federation (14,887) Other (37,555) 34.3% 10.8% Syrian Arab Republic (11,851) 10.5% 3.3% Eritrea (3,616) 3.5% Somalia (3,786) 3.6% 3.7% Iraq (3,958) Pakistan (4,101) 4.0% 5.7% 7.1% Macedonia (6,208) Islamic Republic of Iran (4,424) Serbia (11,459) Afghanistan (7,735) Source: Federal Office for Migration and Refugees Bilateral agreements Germany still has agreements with Macedonia, Serbia, Turkey and Bosnia and Herzegovina on labour market access for contract workers. Under these agreements, companies in these countries may send their workers to Germany for a limited time to erect a structure for a German general contractor. In 2013, about 4,000 non-eu citizens took advantage of this possibility. Germany also has foreign worker agreements with Albania and the Russian Federation. Under these agreements, workers from these countries may be employed in Germany for up to 18 months for the purpose of further occupational and language training. In 2013, only seven foreign workers from the Russian Federation were employed under this agreement.

28 28 Seasonal workers Germany does not employ seasonal workers from non-eu countries. Highly skilled workers The Residence Act allows highly skilled workers (such as high-level research and teaching staff) to be granted a permanent residence permit immediately. In addition, the EU Blue Card offers attractive residence conditions for highly skilled workers. Self-employed foreigners may also immigrate to Germany if their business is of economic interest and can be expected to have a positive impact on the German economy (for more information, see Chapter 5). Foreigners trained abroad in occupations subject to labour shortages Since 1 July 2013, skilled workers from non-eu countries who received formal occupational training abroad may immigrate to Germany if they have a specific job offer, if their occupational training is recognized as being equivalent to training in Germany and if the occupation is on the list of occupations subject to labour shortages published and regularly updated by the Federal Employment Agency. This list currently includes occupations in health care, mechatronics and electrical engineering, building services and utilities, and transport and logistics. Terms of employment must be equivalent to those of comparable German employees. Foreign students The number of foreigners who have been accepted to university before arriving in Germany has been rising for years: In winter semester 1993/1994, this number was 87,000, but by winter semester 2000/2001 it had already risen to 126,000, and in winter semester 2012/ ,000 foreigners were studying at German universities. In 1993, about 26,000 foreign students started university-level studies in Germany; by 2000 this figure had risen to 45,000 and by 2012 to 80,000, of which 10% were Chinese nationals.

29 1 MIGRATION TO GERMANY: FACTS AND FIGURES Current key figures According to the Central Register of Foreigners (AZR), about 7.6 million foreigners are currently living in Germany, or less than 10% of the total population. 5 Figure 4: Foreigners in Germany since 1961 Figure 4: Foreigners in Germany since ,000,000 80,000,000 70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000, ,200 2,600,600 4,089,600 4,453,300 5,342,500 4,378, ,173,900 7,296,800 7,633,600 6,755,800 6,753, Total population Foreigners Source: Federal Statistical Office; 1961, 1970 census results; from 1975, Central Register of Foreigners Source: Federal Statistical Office; 1961, 1970 census results; from 1975, Central Register of Foreigners Foreigners in Germany by nationality The number of foreigners in Germany reflects not only migration movements, but also the number of births to foreigners in Germany (second- and third-generation immigrants), deaths and naturalizations. 5 According to the population projection based on the census of 9 May 2011, the foreign population is 6.9 million (as at 30 September 2013). Due to their different data sources, the total number of foreigners in the population projection differs from that of the Central Register of Foreigners. This publication mainly uses the current data from the Central Register of Foreigners. For comparisons with the native German and/or total population, data from the population projection were also used in some cases. A data adjustment at the Central Register of Foreigners in 2004 means that, starting in 2004, its figures are no longer comparable with those of previous years.

30 30 Table 3: Foreigners in Germany: Top 30 countries and EU Member States Total 7,633,628 EU citizens (EU-27) 3,366,504 including new EU foreigners 1,585,682 Non-EU national 4,267,124 Main countries of origin 1 Turkey 1,549,808 2 Poland 609,855 3 Italy 552,943 4 Greece 316,331 5 Romania 267,398 6 Croatia 240,543 7 Russian Federation 216,291 8 Serbia 205,043 9 Austria 178, Kosovo 170, Bosnia and Herzegovina 157, Bulgaria 146, Netherlands 142, Hungary 135, Spain 135, Portugal 127, Ukraine 122, France 120, United States of America 107, United Kingdom 103, China 101, Iraq 85, Vietnam 83, Macedonia 77, India 67, Afghanistan 66, Morocco 65, Iran 60, Thailand 58, Syria 56,901

31 1 MIGRATION TO GERMANY: FACTS AND FIGURES 31 Table 3: Foreigners in Germany: Top 30 countries and EU Member States EU Member States Italy 552,943 Greece 316,331 Austria 178,768 The Netherlands 142,417 Spain 135,539 Portugal 127,368 France 120,045 United Kingdom 103,427 Belgium 25,005 Denmark 20,312 Sweden 18,228 Luxembourg 14,613 Finland 13,915 Ireland 11,911 Countries joining the EU in 2004 Poland 609,855 Hungary 135,614 Czech Republic 46,484 Slovakia 41,436 still listed as Czechoslovakians 3,830 Lithuania 36,316 Latvia 25,489 Slovenia 24,094 Estonia 5,780 Cyprus 1,467 Malta 548 Countries joining the EU in 2007 and 2013, respectively Romania 267,398 Croatia 240,543 Bulgaria 146,828 As at 31 December 2013, Source: Central Register of Foreigners

32 32 The Central Register of Foreigners records 7.6 million foreigners residing in Germany (as at 31 December 2013). Of these, 3.4 million are citizens of one of the other 27 Member States of the European Union (44%). The largest proportion of foreigners in Germany is made up of Turkish citizens (1.55 million, 20.3%), followed by Poles (610,000, 8%), Italians (550,000, 7.2%), Greeks (320,000, 4.1%) and citizens of Serbia and its former constituent states (280,000, 3.6%). Roughly one of every six foreigners living in Germany was born here (1.24 million persons) and is thus a second- or third-generation immigrant. Thirty-one per cent of Turks, 28% of Italians, 24% of Greeks and 3% of Poles living in Germany were born here. Geographical distribution of foreigners The number of foreigners as a proportion of total population varies widely by region: In the area of the former German Democratic Republic (not including Berlin), foreigners account for only 2% of the population, whereas in the former West Germany (including Berlin), about one in every ten residents is a foreigner. However, even in western Germany, the distribution of foreigners varies widely, from 14.5% in Hamburg to 5.4% in Schleswig-Holstein. The proportion of foreigners is even higher in cities such as Offenbach, Frankfurt (Main), Munich and Stuttgart. In 2013, the number of foreigners as a proportion of total population by state was as follows (see Table 4 and Figure 5):

33 1 MIGRATION TO GERMANY: FACTS AND FIGURES 33 Table 4: Foreigners as a proportion of total population by state as at 31 December 2013 State Population total 1) of whom: foreign population 2) Number Number % Baden-Württemberg 10,623,527 1,323, Bavaria 12,587,921 1,305, Berlin 3,407, , Brandenburg 2,449,366 59, Bremen 655,751 88, Hamburg 1,748, , Hesse 6,040, , Mecklenburg-Western Pomerania 159, , Lower Saxony 7,791, , North Rhine-Westphalia 17,563,784 1,963, Rhineland-Palatinate 3,993, , Saarland 991,540 85, Saxony 4,044, , Saxony-Anhalt 2,245,917 54, Schleswig-Holstein 2,813, , Thuringia 2,161,447 46, All of Germany 80,715,982 7,633, ) The population projection data are preliminary results based on the census of 9 May 2011, The data for 2013 are data as at 30 September ) Data from the Central Register of Foreigners as at 31 December Source: Population projection, Central Register of Foreigners

34 34 Figure 5: Foreigners as a proportion of total population, 31 December 2013 in counties and cities not belonging to a county Schleswig-Holstein Hamburg Mecklenburg-Western Pomerania Bremen Lower Saxony Brandenburg Berlin Saxony-Anhalt North Rhine- Westphalia Hesse Thuringia Saxony Rhineland- Palatinate Saarland Proportion of foreigners in % under 2 % 2 % > 4 % Baden-Württemberg Bavaria 4 % > 6 % 6 % > 8 % 8 % > 10 % 10 % and over Source: Central Register of Foreigners, population projection (as at 30 September 2013)

35 1 MIGRATION TO GERMANY: FACTS AND FIGURES 35 Length of residence Figure 6 and Table 5 show the percentage of foreigners by nationality and by length of residence in Germany as at 31 December Of the 7.6 million foreigners listed in the Central Register of Foreigners on that date, 68% had been living in Germany for at least eight years, while Figure 40% 6: had Length lived of here residence for 20 years of foreigners more. About in Germany, 22% had lived in Germany for less than four years, while as at 10% 31 December had lived here 2013 four (in to %) eight years. The length of residence differs greatly by nationality. Figure 6: Length of residence of foreigners in Germany, as at 31 December 2013 (in %) less than 4 years 22.30% 23.35% 30 years or more 4 > % 6 > 8 8 > % 4.71% 22.95% 16.77% 20 > > 20 Source: Federal Statistical Office Source: Federal Statistical Office

36 36 Table 5: Foreign population by nationality (selected) and length of residence Nationality Total less than 4 years 4 > 8 EUROPE 6,051,796 1,174, ,291 Poland 609, , ,063 Italy 552,943 55,966 20,719 Greece 316,331 51,496 9,449 Romania 267, ,927 46,158 Portugal 127,368 20,005 7,377 Spain 135,539 39,922 9,963 Bulgaria 146,828 88,326 30,146 Croatia 240,543 17,334 6,205 EU Member States 3,366, , ,969 Turkey 1,549,808 51,102 49,734 Serbia 205,043 32,878 11,572 Bosnia and Herzegovina 157,455 14,823 6,315 Russian Federation 216,291 50,066 27,864 Ukraine 122,355 18,248 14,265 AFRICA 318, ,186 47,304 Morocco 65,440 13,708 7,845 Tunisia 26,030 7,596 3,996 Ghana 24,790 6,386 3,044 ASIA 957, , ,687 Vietnam 83,292 11,579 9,741 China 101,030 46,519 20,096 Iraq 85,469 26,404 23,394 Iran 60,699 22,578 6,476 Kazakhstan 47,023 3,896 3,978 Afghanistan 66,974 31,812 7,113 AMERICAS 239,044 77,676 36,921 AUSTRALIA AND OCEANIA 14,311 6,064 2,520 Stateless 13,218 1, No information available 38,732 8,249 4,394 TOTAL 7,633,628 1,702, ,866 in % As at 31 December 2013 Source: Federal Statistical Office

37 1 MIGRATION TO GERMANY: FACTS AND FIGURES 37 8 > years or more Length of residence in years 1,581,058 2,776, ,868 82, , , , , ,744 15, ,316 64, ,483 66, ,352 7, , , ,647 1,349, ,906 1,030, , , , , ,908 8, ,637 4, ,937 61, ,572 23, ,903 6, ,655 6, , , ,103 32, ,386 6, , ,177 14, , ,209 6, ,121 59, ,897 2, ,427 6, ,484 11, ,112,149 3,063,

38 38 Residence status As at 31 December 2013, about 5.5 million foreigners (including EU citizens) in Germany had the right of permanent residence and 1.5 million the right of temporary residence; another 134,000 foreigners were awaiting the final decision on their applications for asylum; 132,000 foreigners were required to leave the country, of which 95,000 had been granted a temporary suspension of deportation. Sex, age and birth rates In 2013, 48% of foreigners were women and 52% were men. The average age of foreigners in 2012 was 39.6 years (2006: 36.7 years), compared to 43.8 for Germans (as of 2009). In 2004, the average age of foreigners was 34.9 years, compared to 42.7 for Germans. Sixteen per cent of foreigners living in Germany were born here. In 2012, about 32,000 children were born in Germany with no claim to German citizenship, or about 5% of all births. This relatively low figure may be attributed in part to the jus soli provision in German law effective since 1 January 2000: Under this provision, children born in Germany to foreigners may be granted German citizenship at birth under certain conditions. As a result, roughly 52% (34,286) of the 66,286 children born to foreigners in Germany in 2012 received German citizenship. Since 2000, about 460,000 children have received German citizenship at birth (see Table 6). In 2010, the fertility rate of foreign women was 1.6 births, with a downward tendency, compared to about 1.3 births for German women (2005: 1.7 compared to 1.3 births).

39 1 MIGRATION TO GERMANY: FACTS AND FIGURES 39 Table 6: Births in Germany, 2000 to 2012 Year Births Child s citizenship Total German foreign of whom: both parents have foreign citizenship total, incl. cases in which parents are foreign and child meets conditions for German citizenship including: Section 4 (3) of the Nationality Act (optional model ,999 91, ,223 41,257 49, ,475 82, ,302 38,600 44, ,250 78, ,825 37,568 41, ,721 76, ,366 36,819 39, ,622 73, ,408 36,863 36, ,795 70, ,534 40,156 30, ,724 68, ,548 39,089 29, ,862 67, ,523 35,666 31, ,514 64, ,632 30,336 33, ,126 61, ,415 28,977 32, ,947 62, ,463 29,492 33, ,685 63, ,745 31,091 31, ,544 66, ,544 34,286 32,000 Total 1) 9,038, ,936 8,572, , ,736 1) own calculations Source: Federal Statistical Office

40 40 Table 7: Immigration and emigration by foreigners and Germans Year People moving to Germany People leaving Germany Net immigration Total (incl. Germans) of whom: foreigners Total (incl. Germans) of whom: foreigners Total (incl. Germans) of whom: foreigners , , , , , , , , , , , , , , , ,708 55,559 31, , , , , , , , , , , , , , , , , , , ,133, , , , , , ,256, , , , , , ,198, , , , , , ,502,198 1,211, , , , , ,277, , , , , , ,082, , , , , , ,096, , , , , , , , , , , , , , , ,066 93,664-21, , , , ,955 47,098-33, , , , , , , , , , , ,120 86, , , , , , , , , , , , ,769

41 1 MIGRATION TO GERMANY: FACTS AND FIGURES 41 Year People moving to Germany People leaving Germany Net immigration Total (incl. Germans) of whom: foreigners Total (incl. Germans) of whom: foreigners Total (incl. Germans) of whom: foreigners , , , , , , , , , ,966 82,543 55, , , , ,584 78,953 95, , , , ,774 22,791 74, , , , ,749 43,912 99, , , , ,130-55,743 10, , , , ,808-12,782 27, , , , , , , , , , , , , ,080, , , , , ,149 until 1990 only the territory of the former West Germany Source: Federal Statistical Office Immigration and emigration The statistics on immigration and emigration offer a general picture of migration movements in Germany (see Table 7). From 1991 to 2012, 20 million Germans and foreigners moved to Germany, while 15.1 million moved away. The all-time high was reached in 1992, with 1.5 million moving to Germany. From 1996 to 2011, this figure remained under 1 million; the low point was in 2006, with 662,000. It topped the one-million mark again in 2012, with 1,081,000. The high level of inmigration reflects the large number of ethnic German resettlers from Eastern Europe and the former Soviet Union until the mid-1990s, the growing number of asylum seekers until 1992, and refugees fleeing war and civil war in the former Yugoslavia after 1991/92. Today, large numbers of immigrants are coming from other EU countries, along with asylum seekers from the Western Balkan countries.

42 42 Foreigners make up the largest proportion of persons immigrating to and emigrating from Germany: From 1991 to 2012, roughly 79% of persons moving to Germany and 81% of those moving away were foreigners. Following negative net migration (the difference between the number of those immigrating and those emigrating) by foreigners in 1997 and 1998, net migration has been positive since 1999 and was +387,000 in In-migration of German citizens refers to those moving back from other countries and to ethnic German resettlers. Starting in 2005, the number of Germans leaving has exceeded the number of those returning, mainly due to the dramatic drop in the number of ethnic German resettlers. Out-migration by Germans was also extremely high during this period: From 1991 to 2003, an average of 116,000 Germans moved abroad each year, while from 2004 to 2012 this figure was 151,000. Countries of origin and destination: Immigrants today come from a much wider range of countries than during the guest worker era of the 1950s to early 1970s. Since the mid-1990s this range has remained fairly constant. In 2012, 66% of foreigners immigrating to Germany came from EU Member States, of which one-quarter were from Poland; twelve per cent were from Romania, 6% each from Bulgaria and Hungary, 4% each from Italy and Greece, 3% each from Spain and Turkey and 21% from non-european countries. For those leaving Germany in 2012, 63% moved to other EU countries; of these, 19% went to Poland. Twelve per cent went

43 1 MIGRATION TO GERMANY: FACTS AND FIGURES 43 to Romania, 6% to Bulgaria and 5% each to Hungary and Turkey; 21% moved to non-european countries. Naturalized citizens The number of persons becoming naturalized German citizens more than tripled between 1994 and Following the reform of the law on nationality, the number of naturalizations peaked in 2000 at nearly 187,000 persons. The number of naturalizations then subsided by 2008 to 94,470, after which it rose slightly again, to 112,353 in 2013 (see Figure 7 and Table 8). More than three-quarters (76.7%) of naturalized citizens in 2013 were granted German citizenship based on their eligibility under Section 10 (1) of the Nationality Act: at least eight years of legal residence in Germany and possession of a settlement permit or a valid residence permit for a specific purpose. As Figure in previous 7: No. of foreigners years, in 2013 becoming the largest naturalized group citizens by far in was Germany, former 2000 Turkish to 2013 citizens, who accounted for about one-quarter of those becoming naturalized German citizens. This group was followed by former citizens of Poland (4.9%), Ukraine (4.0%) and Greece (3.1%). Figure 7: Number of foreigners becoming naturalized citizens in Germany, 2000 to , , ,000 50, , , , , , , , ,030 94,470 96, , , , , Source: Federal Statistical Office, Federal Statistical Office, as at 31 October of each year as at 31 October of each year 6 For purposes of comparison, the naturalization data for 1994 to 31 July 1999 have been adjusted by removing the numbers of naturalizations of ethnic German resettlers.

44 44 Table 8: Naturalized German citizens by selected previous citizenship, 2013 Total 112,353 Turkey 27,970 Poland 5,462 Ukraine 4,539 Greece 3,498 Kosovo 3,294 Iraq 3,150 Afghanistan 3,054 Russian Federation 2,784 Italy 2,754 Morocco 2,710 Serbia 2,586 Iran 2,560 Romania 2,504 Vietnam 2,459 Source: Federal Statistical Office Germany in international comparison The data on the size and proportion of the migrant population in Germany are internationally comparable only to a limited extent, because the definitions and statistical methods for counting foreign nationals and those with an immigrant background vary widely between countries. Nonetheless, the following figure and table (Figures 8 10 and Table 9) are intended to offer an approximate comparison of the relative size of the foreign populations in the EU Member States.

45 1 MIGRATION TO GERMANY: FACTS AND FIGURES 45 Figure 8: Percentage of foreigners in the EU - as at 1 January 2013 Figure 8: Percentage of foreigners in the EU as at 1 January 2013 Belgium Germany 1) Denmark France Greece United Kingdom Ireland Italy Luxembourg The Netherlands Portugal Spain Austria Finland Sweden Czech Republic Estonia Cyprus Latvia Lithuania Hungary Malta Poland Slovenia Slovakia Bulgaria Romania Croatia Total 11.2% 8.2% 6.7% 6.2% 7.8% 7.7% 11.8% 7.4% 4.3% 4.0% 10.9% 11.8% 3.6% 6.9% 4.0% 14.9% 15.6% 0.7% 1.4% 5.3% 0.2% 4.4% 1.3% 0.6% 0.4% 0.7% 6.5% 19.6% 44.5% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 1) Population projection based on the 2011 census Source: Eurostat

46 46 Table 9: Total and foreign population in the EU Country Total population of whom: foreigners Geographical distribution of foreigners as % of total population Belgium 11,161,642 1,253, % Germany 1) 80,523,746 6,627, % Denmark 5,602, , % France 65,578,819 4,089, % Greece 11,062, , % United Kingdom 63,896,071 4,929, % Ireland 4,591, , % Italy 59,685,227 4,387, % Luxembourg 537, , % The Netherlands 16,779, , % Portugal 10,487, , % Spain 46,727,890 5,072, % Austria 8,451, , % Finland 5,426, , % Sweden 9,555, , % Czech Republic 10,516, , % Estonia 1,320, , % Cyprus 865, , % Latvia 2,023, , % Lithuania 2,971,905 22, % Hungary 9,908, , % Malta 421,364 22, % Poland 38,533,299 58, % Slovenia 2,058,821 91, % Slovakia 5,410,836 72, % Bulgaria 7,284,552 45, % Romania 20,020,074 70, % Croatia 4,262,140 27, % Total 505,665,739 33,020, % As at 1 January 2013, Source: Eurostat Online Database Note: preliminary population figures 1) Population projection based on the 2011 census

47 1 MIGRATION TO GERMANY: FACTS AND FIGURES 47

48 48 Figure 9: 9: Naturalization of of foreigners foreigners in EU in Member EU Member States, States, Lithuania Slovakia Croatia Malta Estonia Slovenia Bulgaria Czech Republic Cyprus Denmark Latvia Poland Luxembourg Austria Finland Romania¹) Greece Hungary Portugal Ireland The Netherlands Belgium Sweden Italy Spain France Germany United Kingdom ,081 1,138 1,339 1,490 1,750 1,753 2,314 3,598 3,784 3,792 4,680 7,043 9,087 9,399 16,219 18,379 21,819 25,039 30,955 38,612 50,179 65,383 94,142 96, , ,884 Acquisition of citizenship 1) Acquisition 2009 of citizenship 1) Source: 2009Eurostat Source: Eurostat

49 1 MIGRATION TO GERMANY: FACTS AND FIGURES 49 Figure Figure 10: Asylum 10: Asylum applicants applicants per 1,000 per 1,000 residents residents in 2013 in in 2013 European in European comparison comparison Portugal Czech Republic Estonia Romania Slovakia Spain Latvia Slovenia Lithuania Ireland Croatia Poland Italy United Kingdom Iceland Finland Greece Bulgaria France The Netherlands Denmark Cyprus Germany Belgium Hungary Luxembourg Austria Norway Liechtenstein Switzerland Malta Sweden Source: Eurostat Source: Eurostat

50 50 Table 10: Number of asylum applicants in international comparison, Countries European Union (EU 28) 197, , , ,385 Belgium 8,870 15,940 26,560 21,215 Bulgaria ,025 7,145 Denmark 1,960 2,375 5,100 7,230 Germany 21,030 26,945 48, ,995 Estonia Finland 2,275 3,770 3,675 3,220 France 30,750 41,845 52,725 66,265 Greece 12,265 19,885 10,275 8,225 Ireland 4,240 3,865 1, Italy 10,350 30,145 10,050 26,620 Croatia ,080 Latvia Lithuania Luxembourg ,070 Malta 1,270 2, ,245 The Netherlands 14,465 15,255 15,100 17,160 Austria 13,350 12,750 11,060 17,520 Poland 4,225 8,515 6,540 15,245 Portugal Romania 380 1, ,495 Sweden 24,320 24,875 31,940 54,365 Slovakia 2, Slovenia Spain 5,295 4,515 2,745 4,495 Czech Republic 2,730 1, Hungary 2,115 3,175 2,105 18,900 United Kingdom 1) 28,320 31,315 24,365 30,110 Cyprus 4,540 3,920 2,875 1,255 Other countries Iceland Liechtenstein Norway 5,320 14,430 10,065 11,980 Switzerland 9,315 16,605 15,565 21,460 Australia 3,458 4,808 12,606 24,352 Canada 22,967 36,929 23,177 10,384 New Zealand United States 33,752 29,279 30,750 46,196 1) 2008 only first-time applications Sources: Federal Office for Migration and Refugees (BAMF); Inter-Governmental Consultations on Asylum, Refugee and Migration Policies; United Nations High Commissioner for Refugees

51 2 INTEGRATION OF MIGRANTS IN GERMANY 51 2 Integration of migrants in Germany 2.1 Aims of integration Germany has always attracted immigrants, today even more so. According to a 2014 OECD study Germany has become one of the world s most popular destinations for immigrants. Since 2011 we have observed a significant increase in immigration. With increasing globalization, immigrants today come from a wide variety of cultures, for many different reasons and with a broad range of educational and occupational qualifications and language skills. The Federal Government s integration policy is based on the principle of offering more support for integration efforts while making requirements stricter. Immigrants are expected to make efforts supported by government services to learn German and become acquainted with Germany s legal system, history and culture as well as values that are important in Germany. The receiving society is called on to recognize and remove existing barriers in order to give immigrants equal treatment and equal access to all important areas of society, politics and the economy. The Residence Act allows for and manages immigration with an eye to the Federal Republic s capacity for receiving and integrating foreigners. The government offers basic integration measures open to all new immigrants, long-term foreign residents of Germany, ethnic German resettlers and their families as well as EU citizens to support their own efforts to become a part of our society. The most important federal measure is the integration course, which foreigners may be obligated to take under certain conditions listed in the Residence Act (see also Section 2.3.2). Other federal measures to promote integration are migration advising (see also Section 2.3.3) and funding projects strengthening ties to the local community (see also Section 2.3.4).

52 Data on integration Data on integration assistance A core measure of the Federal Government to promote integration is the integration courses offered nation-wide. These courses provide key qualifications such as language skills and basic knowledge about laws and society in Germany. From the time the Immigration Act entered into force in 2005 until the end of 2013, 1,333,019 certificates entitling participation in the courses were issued and 54,058 integration courses were carried out nation-wide. During this period, the Federal Government invested more than 1.5 billion euros in the integration courses. In 2013, 92,602 persons who completed the course took the German language test for immigrants which concludes the language course. Of these, 53,741 persons (58%) attained the level of B1 (independent language use) of the Common European Framework of Reference for Languages, thereby demonstrating sufficient language skills as referred to in the Residence Act. Another 31,321 persons (34%) attained level A2 (basic language use). From the time the final examination for the orientation course was introduced in 2009 through the end of 2013, 352,628 persons completed this test; 327,410 passed (92.8%). The federally funded migration advising for adult immigrants is offered in more than 580 advising centres nation-wide; in 2013, about 158,000 advisory sessions were held. Including sessions in which families were advised together, 239,600 persons were served.

53 2 INTEGRATION OF MIGRANTS IN GERMANY 53 Youth migration services also receive federal funding and offer tailored integration assistance for young people of immigrant background. Each year, the more than 420 centres nation-wide serve about 74,700 young people, providing more than half of them with an individual plan to assist them with integration. Education Foreign children and young people continue to be less successful in school than their German peers: Nearly three times as many of them are enrolled in Hauptschulen, the lowest tier in Germany s multi-track school system, and less than half in Gymnasien, the highest tier, which qualifies pupils for university entrance. More than twice as many foreign youths drop out of school without finishing. However, there are major differences between nationalities: For example, Polish and Russian pupils do significantly better than children and youths of other nationalities. And the situation improved slightly between 2000 and 2012: The number of foreign pupils enrolled in Hauptschulen fell, while the number enrolled in the two higher tiers, Realschule and Gymnasium, rose. But the same trend was seen among German pupils, so that the gap between German and foreign pupils hardly narrowed. School statistics differentiate only between pupils with German or foreign citizenship and do not distinguish pupils of immigrant background who are German citizens, so it is not possible to draw conclusions on the educational success of children and young people with an immigrant background. However, international studies such as the OECD Programme for International Student Assessment (PISA) do keep track of such information. Since PISA reporting began in 2000, the group of young people of immigrant background has shown significant improvement. Overall, there was a significant upward development for pupils of immigrant background in Germany between 2000 and 2012, which is also expressly acknowledged by the OECD: While in PISA 2000 pupils with and without immigrant background differed by 75 points, this gap narrowed to 53 points in PISA Although they caught up by one academic year, pupils of immigrant background still lag far behind native Germans.

54 insgesamt männlich weiblich 54 Hauptschule Realschule Gymnasium integrierte Gesamtschulen Quelle: Statistisches Bundesamt, Fachserie 11 Reihe 1, Eigene Berechnung (Anteile) Figure 11: Enrolment of German and foreign pupils in selected general education schools Figure 11: in Enrolment Germany, of academic German and year foreign 2012/2013 pupils in selected general education schools in Germany, (in percent) academic year 2012/ % 50% % 30% 20% 10% , Total Male Female Foreign pupils Total Male Female German pupils Hauptschule (secondary modern school) Realschule (secondary technical school) Gymnasium (grammar school) Integrated comprehensive schools Source: Federal Statistical Office, Specialist Series 11, Series 1, own calculation (percentages)

55 2 INTEGRATION OF MIGRANTS IN GERMANY 55 Figure 12: School completion by nationality and sex, Germany 2012 Figure 12: School completion by nationality and sex, Germany % 90% % 70% 60% 50% % 30% 20% 10% Total Male Female Total Male Female Total Male Female school-leavers foreigners 1) Germans without Hauptschule leaving certificate 1) Some of the data are estimates with Hauptschule leaving certificate with Realschule leaving certificate with a certificate qualifying for entrance at a university of applied sciences/university Source: Federal Statistical Office, Specialist Series 11, Series 1, own calculation (percentages) Source: Federal Statistical Office, Specialist Series 11, Series 1, own calculation (percentages)

56 56 Table 11: Occupational qualifications of 25- to 64-year-olds by sex and immigrant status. Germany 2012 (Share of total) Persons without immigrant background Persons with an immigrant background Immigrants and German-born foreigners Men Women Men Women Completed occupational training e.g. apprenticeship 1) Full-time vocational school Master craftsman/technician/trade and technical school 2) University of applied sciences University Has not completed occupational training 3) Note: Persons for whom no information is available are not included. So figures do not add up to 100%. 1) Occupational training in the dual system, including training period for the intermediate service in public administration. 2) Including universities of cooperative education (Berufsakademie). 3) Including internship and pre-vocational training year. Source: Federal Statistical Office. Results of the 2012 microcensus. Specialist Series 1. Series 2.2. Table 9.

57 2 INTEGRATION OF MIGRANTS IN GERMANY 57 Occupational qualifications Persons of immigrant background are much less likely to have completed formal occupational training or education than are non-immigrants. In particular, women of immigrant background often have few if any occupational qualifications. For years, only about half as many young foreigners have started vocational training 7 as young Germans. After a slight increase in recent years, the number of young foreign nationals who started vocational training slightly (-0.4%) dropped to 29.4% in 2012 (2011: 29.8%). However, the drop was less pronounced than among young Germans (-1.3%): In 2012, 58.9% of them started vocational training (2011: 60.2%). Overall (compared to all young people taking up vocational training) the rate sank by 1.2% to 55.7% (2011: 56.9%). In a few apprenticeships and trainee positions, the proportion of immigrant youths is significantly higher than non-immigrant youths (see Table 12). Among persons aged 15 to 65, those of immigrant background are less likely to be in paid employment than non-immigrants. The employment rate is especially low among women of immigrant background: Only slightly more than half of them are in paid employment. Further, those of immigrant background who are employed are more likely to be in low-wage jobs (part-time mini-jobs paying less than 400 euros a month), especially the women. In this group, one-fifth of those employed work only in low-wage positions. Fewer persons of immigrant background work in white-collar occupations; more are employed in blue-collar jobs and more often have a shift-work schedule than non-immigrant workers. The unemployment rate among both men and women of immigrant background is almost twice as high as that among the non-immigrant population. 7 Report on Vocational Education and Training of the Federal Ministry of Education and Research (2014). Unlike previous reports, the figures show the number of young people starting vocational training instead of the number of young people participating in vocational training because the latter overestimates the number of young people who start vocational training at any point in their life. The reason is that work contracts were counted several times, e.g. due to follow-up contracts, second training, new training after a contract was prematurely terminated or a change from off-the-job to on-the-job training. Therefore, the number of young people starting vocational training is a bit lower than the number of young people participating in vocational training.

58 58 Table 12: The ten most popular apprenticeship and trainee positions among persons of immigrant background in Germany % of foreign trainees in this occupation Foreigners as a % of all trainees in this occupation % of German trainees in this occupation Germans as a % of all trainees in this occupation Retail management 6.8% 8.1% 4.5% 91.9% Sales assistant 6.7% 11.1% 3.1% 88.9% Dental assistant 5.9% 15.1% 1.9% 84.9% Hairdresser 5.7% 16.2% 1.7% 83.8% Medical assistant 4.5% 9.3% 2.5% 90.7% Motor vehicle mechatronics technician 4.2% 5.3% 4.3% 94.7% Office clerk 3.1% 4.7% 3.6% 95.3% Plant mechanic for sanitary. heating and air conditioning systems 2.7% 6.6% 2.2% 93.4% Food industry sales 2.6% 8.3% 1.7% 91.7% Office communications clerk 2.4% 6.2% 2.1% 93.8% All other occupations 55.4% 4.2% 72.4% 95.7% Total 100.0% 5.5% 100.0% 94.5% Source: Federal Statistical Office. occupational education; own calculation and presentation

59 2 INTEGRATION OF MIGRANTS IN GERMANY 59 Figure 13: Employment rate of 15- to 64-year-olds, Figure Germany 13: Employment 2012 (in percent) rate of 15- to 64-year-olds, Germany 2012 (in percent) 90% 80% 70% 60% % % 30% 20% 10% 0 Men Women Men Women Persons of immigrant origin Immigrants and German-born foreigners Persons without immigrant background Source: Federal Statistical Office, Specialist Series 1, Series 2.2, Table 16 Office, Specialist 1, Series 2.2, Table 16

60 60 Figure 14: Employment rate of people aged 15 and above by positions, Figure 14: Employment Germany rate 2012 of (in people percent) aged 15 and above by positions, Germany 2012 (in percent) 100% 90% 80% 70% % 50% % 30% % 10% Men Women Men Women Persons of immigrant origin Persons without immigrant background Immigrants and German-born foreigners Self-employed Employees Helping family members Civil servants Workers Trainees Source: Source: Federal Federal Statistical Statistical Office, Specialist Series Series 1, Series 1, Series 2.2, Table 2.2, 16Table 16

61 2 INTEGRATION OF MIGRANTS IN GERMANY 61 Figure 15: Unemployment rate of people aged 15 and above, Figure 15: Unemployment Germany 2012 rate (in of people percent) aged 15 and above, Germany 2012 (in percent) 14% 12% % 8.4 8% 6% 4% % 0% Men Women Men Women Persons of immigrant origin Persons without immigrant background Immigrants and German-born foreigners Source: Source: Federal Federal Statistical Office, Specialist Series Series 1, Series 1, Series 2.2, Table 2.2, 16 Table 16

62 62 Income and dependence on social assistance benefits Due to their higher rates of unemployment, persons of immigrant background are more often dependent on unemployment or social assistance benefits than non-immigrants. They are also much more likely to receive support from family members than non-immigrants. In particular, less than one-third of women with an immigrant background receive most of their income from paid employment; nearly half of them receive most of their support from family members. On the other hand, persons of immigrant background are much less likely to be drawing pensions or retirement benefits than non-immigrants due to differences in the age composition Figure 16: of Population the two groups. by main source of income, Germany 2012 (Share of total) Figure 16: Population by main source of income, Germany 2012 (Share of total) 100% % 80% % % 50% 40% % 20% % 0 Men Women Men Women Persons of immigrant origin Persons without immigrant background Immigrants and German-born foreigners Gainful employment Social allowance Unemployment benefit, ALG II, social assistance Support by family members Pension Other Source: Source: Federal Federal Statistical Statistical Office, Office, Specialist Specialist Series Series 1, 1, Series Series 2.2, 2.2, Table Table 15 15

63 2 INTEGRATION OF MIGRANTS IN GERMANY 63 New building of the Federal Ministry of the Interior 2.3 Federal support for integration Responsibilities within the Federal Government Federal Ministry of the Interior The integration of new immigrants and persons of immigrant background who are long-term residents of Germany is a Federal Government priority and a task in which numerous federal ministries are involved. Within the Federal Government, the Federal Ministry of the Interior is responsible for integration. The Federal Ministry, which also oversees policy on migration and refugees, is responsible for the following: QQ coordinating federal integration measures; QQ integration courses; QQ advising for adult immigrants; QQ support for social integration measures; QQ European cooperation (see Section 3).

64 64 Additional, specific integration tasks are overseen by other ministries, such as the Federal Ministry of Labour and Social Affairs, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, and the Federal Ministry of Education and Research. As part of its responsibility for labour market policy, the Federal Ministry of Labour and Social Affairs helps adults of immigrant background become integrated within the labour market. Federal Ministry of Labour and Social Affairs In 2011 the Federal Ministry of Labour and Social Affairs together with the Federal Ministry of Education and Research and the Federal Employment Agency initiated the support programme Integration durch Qualifizierung (IQ; integration through qualification) to improve the labour market integration of adults with an immigrant background. The support programme has grown into an effective nation-wide structure with three priorities: Q Q creating a regional support structure for the Act on the Recognition of Foreign Professional Qualifications, which entered into force on 1 April 2012; Q Q assisting the institutions responsible for labour market integration, in particular the government employment offices and job centres, for example by offering intercultural skills training for advisers; Q Q coordinating the various labour market-related services, for example coordinating general integration courses with occupational training and occupation-related language training. In all 16 German states, state-level networks operate 241 projects on the basis of binding agreements with labour market-relevant actors (in particular state ministries, local governments, employment offices, job centres, immigrant organizations, chambers of commerce and trade, regional private enterprise and educational institutions). In addition, five centres were established with the aim of providing research expertise in the most important areas of labour market policy: recognition of foreign qualifications, training, occupation-related language training, starting a business, diversity management. Moreover, detailed information about the recognition of qualifications can be found also in English at a website set up in the framework of the IQ support programme.

65 2 INTEGRATION OF MIGRANTS IN GERMANY 65 In view of the fact that qualifications of migrants are often not recognized, the Federal Minister of Labour and Social Affairs plans to add a new field of action, namely qualification, to the IQ support programme in the framework of the Recognition Act and the new ESF programming period from 2014 to 2020 (European Social Fund). This measure is intended for persons irrespective of their residence title whose foreign qualification is not fully recognized. Planned actions include qualification measures in regulated professions such as academic (e.g. doctors, pharmacists) and non-academic (e.g. general or geriatric nurses) health professions, developing and testing adaptive training measures in the dual system, supplementary qualification measures for academics and courses to prepare for the examination for external candidates. Already during the ESF programming period, the Federal Ministry of Labour and Social Affairs implemented the ESF/federal programme to provide labour market support for refugees and persons with the right to remain. The projects are currently scheduled to run until the end of This programme provides advising and training for refugees who have at least secondary access to the labour market, and persons granted the right to remain, including members of the Roma ethnic group. If they have the necessary work permit, they can also enter the labour market or occupational training. The success of the ESF programme between 2008 and 2013 with 31,000 participants and an average training/employment rate of 54% in the first funding round (2008 to 2010) shows two things very clearly: First, the programme boosts the integration of asylum applicants and refugees. Second, it gives big impetus for future integration projects such as the model project of the Federal Employment Agency Jeder Mensch hat Potenzial Arbeitsmarktintegration von Asylbewerberinnen und Asylbewerbern (Everyone has potential integrating asylum applicants into the labour market). The project was developed in cooperation with the Federal Office for Migration and Refugees and the ESF programme and since January has been tested in six cities (Augsburg, Bremen, Dresden, Freiburg, Hamburg and Cologne). In the ESF funding round from 2014 to 2020 the current ESF programme will be continued in the follow-up programme ESF Integration Guidelines of the Federal Government under the priority area Integration of asylum applicants and refugees. The new guidelines are aimed at improving the integration in employment, training or education of persons facing specific disadvantages in the labour and training market due to their uncertain residence status (asylum applicants and refugees having at least secondary access to the labour market). They also address unaccompanied refugee minors. Aims include the integration in employment and training and the (re-)entry into school.

66 66 Since August 2008, the Federal Government programme to promote vocational language skills for people from a migrant background (ESF-BAMF Programme) has helped improve job-related German language skills within the ESF programming period from 2007 to Since the beginning of the programme, more than 6,500 courses have been started. More than 127,000 people with an immigrant background have already enrolled in job-related language training courses. The current programme will end in 2014 but will continue in the new ESF programming period. The ESF-BAMF Programme aims to increase the opportunities of people from a migrant background to be integrated into the primary labour market and to avoid unemployment through language and professional training. By combining language training with professional qualification, participants should have a much better chance at finding a job. The nationwide programme carried out by the Federal Office for Migration and Refugees is based on a dedicated educational strategy providing for a maximum of six months (full-time) for each measure. Most courses have a general objective, focusing on general job-related language training and career orientation. In addition, there are numerous courses focusing on specific sectors or jobs, in particular in the technical, commercial, health and social area. In this way, the programme also helps secure the supply of skilled labour. Federal Ministry for Family Affairs, Senior Citizens, Women and Youth With its initiative JUGEND STÄRKEN (strengthening youth; and its programmes (School Drop-Outs - A Second Chance, competence agencies, youth migration services and from late 2014 strengthening youth in the neighbourhood), the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth has focused its activities for disadvantaged youths and youths of immigrant background in transition from school to full-time work. The youth migration services make up an important component of this initiative. In more than 420 centres nation-wide, specialists offer young people of immigrant background aged 12 to 27 a wide variety of services to help them become active members of society and ensure them equal opportunity and participation. The services emphasize improving young immigrants skills and their integration in education and the labour market. Tasks range from providing short-term advice, managing individual cases to advising to group measures. Youth migration services see themselves as a link to local services and cooperate in various networks

67 2 INTEGRATION OF MIGRANTS IN GERMANY 67 and with all agencies relevant for integration; collaboration with schools, employers and parents is very important. Federal Ministry of Education and Research In view of the division of responsibilities in the field of education between the federal and state levels, the integration measures of the Federal Ministry of Education and Research focus on occupational training and education. Activities to improve the educational situation of immigrant and non-immigrant youths include the initiative Abschluss und Ansschluss Bildungsketten bis zum Ausbildungsabschluss; the structural programme JOBSTARTER; the initiative VerA to prevent those in occupational training from dropping out; the programme JOBSTARTER CONNECT; the programme Perspektive Berufsabschluss; and the new funding priority Neue Wege in die duale Ausbildung Heterogenität als Chance für die Fachkräftesicherung. Funding for the coordination office Training and Migration (KAUSA) is a structural measure to create networks in urban areas. Since October 2013 six service offices have been supported. Ultimately, 15 offices are planned. In addition, the Federal Ministry of Education and Research supports the transfer project Intercultural networks training representatives for young people! In this project, training representatives from migrant organizations are selected to serve as a first point of contact for youths and young adults seeking information on the transfer from school to vocational training and on starting vocational training at a later stage. With its framework programme Empirische Bildungsforschung (empirical educational research), the ministry supports the research focus on language diagnostics and language promotion and on equal opportunities and participation: social change and support strategies. In this way, it is laying the groundwork for policy decisions to promote individual educational careers. In addition, in October 2012 the Federal Ministry of Education and Research, the Federal Minister for Family Affairs, Senior Citizens, Women and Youth, the Standing Conference of Ministers of Education and Cultural Affairs of the Länder in the Federal Republic of Germany (KMK) and the Conference of Ministers for Family Affairs and Youth of the Länder (JFMK) agreed on a joint initiative to advance the promotion and assessment of language and literacy skills. The five-year programme on education through language and writing (BiSS) was set up to scientifically examine and advance the federal states services to promote and assess language and literacy skills.

68 68 To strengthen early childhood education, including that of children with immigrant backgrounds, the ministry also supports the WiFF initiative, the foundation Haus der kleinen Forscher, and the reading programme Lesestart Drei Meilen für das Lesen. The Federal Ministry of Education and Research runs another programme to support children and youths with an immigrant background: The programme Kultur macht stark. Bündnisse für Bildung promotes extracurricular cultural education measures. These measures are carried out by at least three cooperation partners who form a local alliance for education. The target group includes children and young people from disadvantaged backgrounds aged between three and 18. Until 2017, up to 230 million euros will be available for the programme. Support for local education management under the data-driven programme Lernen vor Ort is very important, also for immigrants. The models and measures developed by the supported local authorities will be made available to all municipalities during the transfer phase in The federal Act to improve the assessment and recognition of foreign professional qualifications which entered into force on 1 April 2012 is an effective instrument to secure the supply of skilled labour: In 2012 alone, 11,000 persons applied for recognition, and the majority of foreign qualifications has been recognized as equivalent to a German qualification. This is an important step to secure skilled labour and a signal for the skilled foreign workers who are urgently needed in Germany. The Federal Government has established nation-wide information and advisory services, including the website the advisory network under the integration through qualification (IQ) funding programme and the hotline of the Federal Office for Migration and Refugees. The information campaign launched on behalf of the Federal Ministry of Education and Research on the website informs interested skilled workers in Germany and abroad about the possibilities to have their qualifications recognized in Germany.

69 2 INTEGRATION OF MIGRANTS IN GERMANY 69 Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety In December 2013 the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB) assumed the task of urban development assistance, including the Social City programme. The BMUB is continuing the Social City programme as the guiding programme of social integration. The programme supports local authorities in particular when investing in residential environments, infrastructure and the quality of housing. Its aim is to stabilize and upgrade disadvantaged neighbourhoods and to ensure greater intergenerational equity and family-friendliness. In addition to overcoming urban planning problems, the programme focuses on combining measures on the basis of integrated strategies with the support of the funded neighbourhood management and in consultation with residents. In addition to the neighbourhood approach, the Social City programme may also greatly help strengthen integration and social cohesion in the neighbourhoods. The programme supports in particular neighbourhoods that have to make greater efforts at integration, for example due to internal migration in the EU (so-called poverty migration). Firmly establishing the broad, interministerial Social City strategy will help acquire additional expertise and funding from other ministries for the various areas of the Social City programme to cover funding needs in an even more efficient and targeted manner. With the programme Bildung, Wirtschaft, Arbeit im Quartier (BIWAQ), financed by the European Social Fund and from the national budget, the BMUB supports additional projects to promote integration in vocational training and employment and to strengthen the local economy in the Social City areas. Commissioner for Migration, Refugees and Integration The Federal Government appoints the Commissioner for Migration, Refugees and Integration, who is responsible for assisting and advising the Federal Government on further developing its integration policy and promoting the co-existence of Germans and immigrants (for more information see Section 13.2). The Commissioner is autonomous in carrying out her duties which are defined in Section 93 of the Residence Act. The most important of these duties is promoting the integration of immigrants living in Germany. The Commissioner supports the Federal Government in further developing its integration policy. The work of the Commissioner helps create the conditions in which Germans and immigrants can live and work

70 70 together in peace. The Commissioner works to overcome unjustified differences in the treatment of immigrants and advises on naturalization issues. Federal Government Commissioner for Matters Related to Ethnic German Resettlers and National Minorities The Commissioner s main tasks on behalf of ethnic German resettlers are as follows (for more information see Section 13.3): QQ serving as the main contact person at federal level, Q Q coordinating measures related to ethnic German resettlers, in particular the processing of admissions under Section 26 of the Federal Expellees Act (BVFG), including the granting of German citizenship as defined in Section 15 of that Act; federal, state and local integration measures as well as activities by churches, welfare associations and other social advocacy groups; supporting German minorities and co-chairing the relevant committees formed with the governments of the countries in which the German minorities live; carrying out information campaigns in Germany and among the German minorities in the countries of central and eastern Europe. Inter-ministerial working group on integration In the inter-ministerial working group on integration (IMAG) the ministries and the Federal Office for Migration and Refugees regularly inform one another about their integration initiatives. Integration policy is a priority of the Federal Government that affects numerous policy areas. While the Federal Ministry of the Interior is the lead ministry for integration, other ministries depending on the main aspect have numerous responsibilities with regard to federal integration measures. The working group allows for coordinating and, if necessary, combining, linking and discussing programmes and projects. It is chaired by the Federal Ministry of the Interior and co-chaired by the Federal Government Commissioner for Migration, Refugees and Integration.

71 2 INTEGRATION OF MIGRANTS IN GERMANY Integration courses The core element of federal measures is the integration course, consisting of a language course to provide participants with sufficient German skills and an orientation course to familiarize participants with the history, culture and legal system of Germany. The Federal Ordinance on Integration Courses (Integrationskursverordnung, IntV) governs the details of conducting the courses. The key framework conditions for the integration courses are as follows: Q Q In order to meet individual participants needs, the language courses have a modular structure made up of six course units (a total of 600 hours of instruction), allowing learners to proceed at their own pace. Special integration courses targeted at youths, parents, women, persons who are illiterate and persons with special language teaching needs may include up to 900 hours of instruction. By taking advantage of the opportunity to repeat up to 300 hours of instruction, course participants may receive up to 1,200 hours of instruction if necessary. Q Q The language courses are designed to provide participants with adequate proficiency, the equivalent of level B1 in the Common European Framework of Reference for Languages (CEFR), which is the first level of independent language use. This language proficiency allows immigrants to deal on their own with everyday situations, to conduct conversations and express themselves in writing appropriate to their age and education. Q Q The orientation course is intended to give immigrants an understanding of the system of government and public administration in Germany, in particular the significance of the free and democratic order, the party system, Germany s federalist structure, the welfare system, equal rights, tolerance and religious freedom. The aim is to help immigrants find their way more easily within the new society and offer them something with which they can identify. Q Q To pass the integration course, participants must take the Life in Germany test which provided that the candidate reached enough points may also be used to qualify for naturalization.

72 72 Table 13: Certificates for participation issued by status New immigrants under Section 4 I 1 no, 1 IntV (confirmed by foreigners authority) of which required Total no. % no. % no. % no. % 353, , % 47,564 36, % 51,630 by Section 44 a I 1 no, 1 Residence Act Ethnic German resettlers under Section 4 I 1 no, 2 IntV 53, % 1, % 1, % 56, % (confirmed by Federal Office of Administration) Long-term immigrant residents/eu citizens/ Germans under Section 4 I 1 no, 3 454, % 59, % 92, % 607, % IntV (admitted by BAMF) of which Germans 60,834 5,848 5,375 72,057 (Section 44 IV 2 Residence Act) 1) Recipients of unemployment benefits 108, % 18, % 19,794 11,8% 146, % (ALG II) under Section 4 I 1 no, 4 IntV (required by benefit provider) 2) Long-term immigrant residents 67, % 1, % 1, % 70, % under Section 4 I 1 no, 5 IntV (required by foreigners authority) Total 1,037, % 128, % 167, % 1,333, % Plus repeat course participants 114,818 22,836 21, ,429 1) Since mid-2007 Germans in need of integration may also take an integration course. 2) Institutions providing basic security benefits for job seekers Since mid-2007, these institutions may also require require persons to take the integration course. Source: Federal Office for Migration and Refugees 40, % 452, , %

73 2 INTEGRATION OF MIGRANTS IN GERMANY 73 Table 14: New course participants by status Total no. % no. % no. % no. % New immigrants under Section 4 I 1 no, 1 IntV 252, % 33, % 35, % 322, % (confirmed by foreigners authority) of which required by Section 44 a I 1 no, 1 Residence Act 198,484 27,704 29, ,553 Ethnic German resettlers under Section 4 I 1 no, 2 IntV 44, % % % 46, % (confirmed by Federal Office of Administration) Long-term immigrant residents/eu citizens/ Germans under Section 4 I 1 no, 3 358, % 43, % 64, % 466, % IntV (admitted by BAMF) of which Germans (Section 44 IV 2 Residence Act) 1) 48,212 4,929 4,291 57,432 Recipients of unemployment benefits 79, % 14, % 14, % 108,275 10,.9% (ALG II) under Section 4 I 1 no, 4 IntV (required by benefit provider) 2) Long-term immigrant residents 51, % 1, % 1, % 53, % under Section 4 I 1 no, 5 IntV (required by foreigners authority) Total 785, % 94, % 117, % 997, % Plus repeat course participants 92,297 19,627 18, ,424 1) Since mid-2007 Germans in need of integration may also take an integration course. 2) Institutions providing basic security benefits for job seekers Since mid-2007, these institutions may also require require persons to take the integration course. Source: Federal Office for Migration and Refugees

74 74 Table 15: New course participants by type of course Total no. % no. % no. % no. % General integration course 592, % 70, % 91, % 755, % Course for illiterate persons 79, % 9, % 10, % 100, % Integration course for parents and women 88, % 9, % 9, % 107, % Remedial course 1) 9, % % % 9, % Intensive course 1) 1, % % % 1, % Youth integration course 10, % 2, % 3, % 16, % Other type of integration course 2) 4, % % % 5, % Total 785, % 94, % 117, % 997, % Plus repeat course participants 92,297 19,627 18, ,424 1) Remedial and intensive courses counted since 8 December ) E.g. integration course for the deaf Source: Federal Office for Migration and Refugees

75 2 INTEGRATION OF MIGRANTS IN GERMANY 75 Table 16: Persons taking the German language test for immigrants (DTZ) 1) in the second half of 2009 by test results Level B1 Level A2 Below level A2 Total 2) no. % no. % no. % no. % Second half of , % 20, % 8, % 53, % Total , % 39, % 12, % 103, % First half of , % 18, % 4, % 49, % Second half of , % 15, % 3, % 43, % Total , % 34, % 8, % 92, % First half of , % 18, % 4, % 52, % Second half of , % 14, % 3, % 40, % Total , % 32, % 8, % 93, % including first-time participants 44, % 23, % 4, % 72, % repeat participants 7, % 9, % 3, % 20, % First half of , % 17, % 4, % 50, % Second half of , % 13, % 3, % 42, % Total ) 53, % 31, % 7, % 92, % including first-time participants 47, % 22, % 4, % 74, % repeat participants 6, % 8, % 2, % 17, % Total 232, % 158, % 44, % 435, % 1) Since 1 July 2009 integration courses have concluded with the German language test for immigrants (DTZ). By passing the uniform language test, course participants can demonstrate language proficiency at the level of B1 or A2 of the CEFR. 2) The total number of persons taking the test includes persons repeating the test after having failed the Zertifikat Deutsch (B1) or Deutsch 2 (A2) language tests in previous years. 3) Plus 1,326 persons whose results could not be submitted for technical reasons. Source: Federal Office for Migration and Refugees

76 76 Table 17: Persons taking the final examination for the orientation course and the Life in Germany test 3) from 2009 to 2013 by test results Test-takers No. taking the test No. passing the test no. no. % 2009 Enrolled in a course 1) 68,501 62, % Not enrolled in a course 2) 1,956 1, % Total ,457 64, % 2010 Enrolled in a course in ) 70,558 65, % Not enrolled in a course 2) 2,822 2, % Total ,380 67, % 2011 Enrolled in a course in ) 64,909 60, % Not enrolled in a course 2) 3,381 3, % Total ,290 63, % 2012 Enrolled in a course in ) 64,522 60, % Not enrolled in a course 2) 3,772 3, % Total ,294 63, % 2013 Enrolled in a course in ) 66,712 61, % Not enrolled in a course 2) 5,495 5, % Total ,207 67, % Total 352, , % 1) Persons eligible/required to take an integration course 2) Persons not enrolled in an integration course taking the examination at their own expense (including those repeating the examination) 3) On 23 April 2013 the previous orientation course test was replaced by the new scaled Life in Germany test. Source: Federal Office for Migration and Refugees

77 2 INTEGRATION OF MIGRANTS IN GERMANY Migration advising services In addition to the integration courses, migration advising services are a regular part of the effort to promote integration. The Federal Ministry of the Interior is responsible for migration advising for adult immigrants, while the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth runs the advising services for immigrants under age 27 (youth migration services, see also Section Both services work together and have become established as a professional point of contact and supplement to the integration courses for all immigrants. They initiate, manage and assist with the integration process; individual immigrants may make use of them for a maximum of three years. They are primarily addressed to new immigrants, but immigrants who have lived in Germany longer may also use these services as needed. In addition, recognized asylum applicants and refugees who came to Germany through a humanitarian admission procedure may use the migration advising services. Since migration advising is a service accompanying integration courses, the advising centres are located close to where the integration courses take place. The goal is to initiate and manage the integration process and to enable immigrants to act independently in all aspects of daily life. Case management includes an exploratory talk and an individual analysis of skills. Next, advisers work with advisees to develop an individual support plan and help them implement it Supporting measures for social integration of immigrants To round out federal integration offerings, the Federal Government supports measures to promote the social integration of immigrants with permanent residence status in their local communities. These projects are oriented on immigrants concrete integration-related needs. The target group is both new immigrants and those who have already lived in Germany for some time. The Federal Ministry of the Interior is responsible for projects that are not agespecific, while the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth runs projects for immigrants under age 27. The projects are implemented by the Federal Office for Migration and Refugees on the basis of joint funding guidelines. Currently, funding focuses on promoting social cohesion by advancing a culture of welcome and recognition, promoting voluntary engagement and integration measures to enhance mutual acceptance and dialogue between the receiving society and immigrants with a special need for integration. Youth projects focus on improving the public image of young people with an immigrant background and of individual groups of immigrants and on low-threshold neighbourhood projects to encourage civic engagement among young immigrants.

78 Information measures Providing and sharing information is essential for integration efforts to be successful: Immigrants must be aware of available opportunities in order to take advantage of them. The task of providing information about federal, state and local integration resources for immigrants is therefore regulated by law and has been delegated to the Federal Office for Migration and Refugees. Information offered by the Federal Office includes a broad range of publications, including brochures and flyers aimed at immigrants on language instruction, advising for new immigrants and project funding. The centrepiece is the brochure Willkommen in Deutschland Informationen für Zuwanderer (Welcome to Germany: Information for immigrants) intended as a guide for new immigrants during their first few weeks in Germany. It offers numerous helpful tips and contact addresses for all important areas of daily life. The brochure can also be read online at

79 2 INTEGRATION OF MIGRANTS IN GERMANY 79 The multilingual website of the Federal Office for Migration and Refugees offers lots of useful information for immigrants, practitioners in the field of integration and the interested public. The search feature can be used to find integration courses, migration advising centres and other important points of contact. News about migration and integration is also posted on the Federal Office s Facebook page: Via the page, users may directly contact the Federal Office and download publications and statistics. In addition, the professional journals Blickpunkt Integration (Focus on integration) and Deutsch als Zweitsprache (German as a second language) report on the latest developments concerning integration efforts. Further publications such as the annual migration report and the publications of the research group at the Federal Office for Migration and Refugees address an expert audience. For further information, the information service of the Federal Office for Migration and Refugees responds quickly and competently to telephone and enquiries in German and English about integration and migration (see Annex for addresses and telephone numbers). Moreover, the Federal Office operates a hotline for recognition of foreign occupational qualifications on behalf of the Federal Ministry of Education and Research. Callers from Germany and abroad are furnished with basic information about the recognition procedure (see Annex for addresses and telephone numbers). 2.4 Dialogue on integration National Action Plan on Integration and dialogue forums The National Integration Plan has created a new foundation for integration policy in Germany: Federal, state and local governments as well as representatives of civil society and immigrants agreed on a long-term integration policy.

80 80 The Federal Government website informs applicants of all nationalities about careers in public administration. At the 4th Integration Summit on 3 November 2010, Federal Chancellor Angela Merkel presided over an agreement to develop an action plan with clearly defined and verifiable goals to implement the National Integration Plan. Based on the results from eleven subject-specific dialogue forums, the National Action Plan on Integration to implement the National Integration Plan has been drawn up. The eleven forums were chaired by federal ministries and the Federal Government Commissioner for Migration, Refugees and Integration. The Federal Ministry of the Interior was responsible for conducting three dialogue forums. The eleven forums focused on the following issues: Q Q early childhood education (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth), QQ education and training (Federal Ministry of Education and Research), QQ labour market, career (Federal Ministry of Labour and Social Affairs), QQ immigrants in the public administration (Federal Ministry of the Interior), QQ health, health care (Federal Ministry of Health),

81 2 INTEGRATION OF MIGRANTS IN GERMANY 81 Q Q local support for integration (Federal Ministry of Transport, Building and Urban Development), QQ language and integration courses (Federal Ministry of the Interior), QQ sport (Federal Ministry of the Interior), QQ civic engagement (Federal Ministry for Family Affairs, Senior Citizens, Women and Youth), QQ media (Federal Government Commissioner for Migration, Refugees and Integration), QQ culture (Federal Government Commissioner for Culture and the Media). The National Action Plan on Integration comprises forewords by the Federal Chancellor and the Federal Government Commissioner for Migration, Refugees and Integration as well as statements by representatives of the federal and state governments and local government associations, followed by the summary report from the dialogue forums and the contribution of the states. The National Action Plan on Integration and additional information are available at At the 5th Integration Summit on 31 January 2012, the Federal Chancellor presented the National Action Plan on Integration. The Action Plan contains integration objectives and the initiatives necessary to achieve these objectives. The consensus at the summit was that integration must increasingly be measured on the basis of results. Indicators are to be developed to measure how well these goals have been achieved. The 6th Integration Summit on 28 May 2013 focused in particular on two topics: integration in the labour market and working life and labour market integration through language, training and qualification The German Islam Conference With the launch of the German Islam Conference in September 2006, the Federal Ministry of the Interior created a forum for long-term dialogue between the German state and Muslims in Germany. This dialogue aims to improve the institutional and social integration of Germany s roughly 4 million Muslims and to ensure peaceful coexistence among all people in Germany, regardless of faith. In the Steering and the Working Committee of the Conference, representatives of federal, state and local government and of the broad variety of Muslim life

82 82 work together to seek solutions for living together in harmony. During the 18th legislative term, the German Islam Conference is discussing in particular two topics: first, social welfare (in particular child and youth welfare and care for the elderly) as an issue of social participation, and second, spiritual welfare in public institutions (e.g. armed forces, prisons and hospitals) as an issue of religious practice and participation. 2.5 Immigrants voting rights and opportunities for participation Article 20 (2) of the Basic Law gives the people the right to vote. According to established rulings by the Federal Constitutional Court, this refers to the Staatsvolk, or community of German citizens; non-citizens in principle have no right to vote. European elections are one exception: EU citizens living in Germany, i.e. citizens of an EU Member State, have the right to vote and run for office in these elections. This is based on Section 6 (3) and Section 6b (2) of the Act on the European Elections, which transposed into German law Article 19 (2) of the Treaty establishing the European Community as well as Council Directive 93/109/EC of 6 December Another exception is the right of EU citizens to vote in local elections. According to Article 28 (1), third sentence, of the Basic Law, EU citizens are also eligible to vote and to be elected in county and municipal elections in

83 2 INTEGRATION OF MIGRANTS IN GERMANY 83 accordance with European Community law. This rule is based on European Community law and was introduced by authority of the Act of 21 December 1992 Amending the Basic Law (Federal Law Gazette I, p. 2086). Article 19 (1) of the Treaty establishing the European Community and Council Directive 94/80/EC of 19 December 1994 guarantee all EU citizens residing in a Member State of which they are not nationals the right to vote and to stand as a candidate in municipal elections under the same conditions of eligibility as apply to citizens of the Member State in question. With its reform of nationality law in 2000, the Federal Government made it much easier for foreigners born in Germany and those who have lived here for many years to become German citizens. It is therefore easier to gain the right to vote through naturalization. Apart from voting, foreigners have a wide range of opportunities to become involved at the local level, for example in clubs, citizens initiatives, trade and labour unions, schools, etc.

84 84 3 The growing European dimension of migration policy 3.1 Introduction European cooperation on immigration and asylum policy has existed since the 1970s, when the countries of Europe began working together, initially on an intergovernmental basis. In 1993, the Maastricht Treaty declared these policy fields to be areas of common interest. The Treaty created for the first time a basis in Community law for the continued intergovernmen-

85 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 85 tal cooperation within what is known as the third pillar of the European Union. However, the powers of the European institutions were still extremely limited. The 1999 Treaty of Amsterdam, which succeeded the Maastricht Treaty, represented a significant step forward, reflecting the political commitment to enforcing European integration in this policy field. The Treaty of Amsterdam gave the Community far-reaching competences in the fields of asylum, legal and illegal immigration, visa policy and control of the external borders. However, decisions by the Council of Ministers required unanimity, and the European Parliament did not have any co-decision powers. In 1999, the Council was given the task of passing legislative acts in the various areas of immigration and asylum policy within five years. In October 1999, at the European Council in Tampere, Finland, which was exclusively devoted to justice and home affairs policy issues, the European Union heads of state and government undertook the necessary specification of the Amsterdam Treaty and formulated a common European policy on asylum and migration covering four different but closely related areas: partnership with the countries of origin; a Common European Asylum System to ultimately include a common procedure and uniform status for political refugees, in compliance with the Geneva Convention on refugees; fair treatment of third-country nationals, whose legal status is to approximate that of Member State nationals; and active policy management of migration flows including robust measures to combat illegal immigration. The Treaty of Nice, which entered into force in February 2003, introduced the majority principle for immigration and asylum policy in the Council, as well as the co-decision procedure of the European Parliament covering everything but legal migration. After the five-year period referred to in the Amsterdam Treaty and the Conclusions of the European Council in Tampere, most of the work mandates had been fulfilled and minimum standards had been issued, particularly with regard to asylum. Based on those achievements, in November 2004 the European Council adopted another multi-annual programme intended to make further progress in this area: the Hague Programme on strengthening freedom, security and justice in the European Union. The programme contained mandates for a common asylum system, legal immigration and the fight against illegal employment, the integration of third-country nationals, the management of migration flows and the external dimension of asylum and immigration.

86 86 To flesh out the external dimension, the European Council adopted the Global Approach to Migration in December The Global Approach expresses the ambition of the European Union to establish an inter-sectoral framework to manage migration in a coherent way through political dialogue and close practical cooperation with countries of origin and transit. This approach addresses three equally important thematic dimensions: the management of legal migration, the effective prevention and reduction of illegal migration, and the promotion of synergies between migration and development. The Global Approach has since been further expanded and refined. Against the backdrop of the stalled ratification of the Lisbon reform treaty, the European Council decided to boost efforts to create a common immigration and asylum policy by adopting the European Pact on Immigration and Asylum in October The Pact forms the foundation for a common immigration and asylum policy of the Union and its Member States in the spirit of solidarity between the Member States and cooperation with third countries. The Pact contains five basic commitments:

87 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 87 Q Q to organize legal immigration to take account of the priorities, needs and reception capacities determined by each Member State, and to encourage integration; Q Q to control illegal immigration by ensuring that illegal immigrants return to their countries of origin or to a country of transit; QQ to make border controls more effective; QQ to construct a Europe of asylum; QQ and to create a comprehensive partnership with the countries of origin and of transit. The Member States report each year on their implementation of the Pact, and since 2010 the European Council has conducted an annual discussion of immigration and asylum policy in order to stay abreast of the most important developments and offer new ideas as needed. Concrete measures for implementing the Pact are carried out in the framework of the Stockholm Programme, An open and secure Europe serving and protecting citizens, which followed the Hague Programme in Adopted by the European Council in Stockholm in December 2009, this programme for the years reiterates the aim of forward-looking and comprehensive European policy on migration which is based on solidarity and responsibility. The Stockholm Programme stresses the need for a flexible policy which is responsive to the priorities and needs of Member States and enables migrants to take full advantage of their potential. The central policy goal of the Stockholm Programme is to create a Common European Asylum System. At the same time, the European Council stresses that proposals for new legislative instruments to bring about the Common Asylum System require an evaluation of the status quo. The Stockholm Programme also places priority on the field of illegal immigration; preventing and fighting illegal immigration is central to developing a common immigration policy. The integrated approach, which brings together legal immigration, synergy between migration and development policy and the prevention of illegal immigration, must be consolidated and further developed.

88 88 The Lisbon Treaty, which entered into force on 1 December 2009, shortly before the Stockholm Programme was adopted, provides the legal framework for implementing the programme. Chapter 2 (Articles 77 and following) of the Treaty on the Functioning of the European Union contains provisions on policies on border checks, asylum and immigration which constitute the current frame of reference for European harmonization in these policy fields. The Treaty expands the Community competence to a relatively limited degree. For example, with regard to asylum, the Community competence has been extended to persons entitled to subsidiary protection and is no longer limited to minimum standards. Another new aspect is the Community competence to provide incentives and support for the action of Member States with a view to promoting the integration of third-country nationals residing legally in their territories, excluding any harmonization of the laws and regulations of the Member States. The Treaty does not affect the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work. The Treaty also states that legislative measures of the Community in the area of border checks, asylum, immigration and integration must all be adopted using the ordinary legislative procedure, i.e. co-decision with the Parliament, with a qualified majority in the Council. As a result, the European Parliament and the Council have equal decision-making powers, and neither body can outvote the other, regardless of the size of its majority. In its conclusions of 27 June 2014, the European Council defined the strategic guidelines for legislative and operational planning within the area of freedom, security and justice for the coming years. According to these guidelines and in view of challenges such as instability in many regions and demographic change in Europe and the world, the EU needs an effective and well-managed migration, asylum and border policy. The full implementation and effective application of the Common European Asylum System has absolute priority in this context. Lasting solutions for the real causes of irregular migration can be found only by intensifying cooperation with countries of origin and transit. So migration policy must be much more thoroughly integrated into the EU s external and development policy. Shaping common European migration and asylum policy is an ongoing process in which a large number of projects are being discussed and implemented at the same time. From the time the Treaty of Amsterdam entered into force, progress has been made in all areas, and numerous Community acts have been adopted. The following pages provide an overview of some of the most important projects and legislation.

89 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY European policy on asylum and refugees Overview of existing EU legislation on asylum Harmonizing legislation on asylum and refugees in the Member States is intended to create a consistent level of protection throughout the EU for asylum seekers and to help make sure that asylum seekers do not target those Member States which offer the most favourable conditions. Specifically, the following legislation was passed: Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof This Directive concerns the reception of persons in need of protection by Member States in the event of a mass influx to the European Union. If a qualified majority of the Council finds that such a mass influx is under way, all Member States are to provide numbers indicating their reception capacities. Based on the indicated reception capacity and country of destination, persons in need of protection may be admitted to the Member State for a maximum of three years. Persons enjoying temporary protection are granted access to the labour market. Member States may, however, give priority to EU citizens and third-country nationals with privileged claims. Persons under temporary protection may apply for asylum. The Member States may postpone decisions on asylum applications for the duration of the temporary protection. Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers Directive 2003/9/EC contains provisions on material reception conditions and health care for asylum applicants and their access to the labour market and to education. On 26 June 2013, the European Parliament and the Council of the European Union adopted an amended version of the Directive, Directive 2013/33/EU laying down standards for the reception of applicants for international protection. The Member States must implement the Directive by 20 July 2015 by adopting the necessary national law and administrative regulations. The Directive aims to establish common reception standards for asylum seekers in the Member States in order to avoid undesirable developments such as onward migration of asylum seek-

90 90 ers within the EU and asylum shopping, i.e. asylum seekers applying for asylum in more than one Member State. Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) On 26 June 2013, the European Parliament and the Council of the European Union adopted a revised version of Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (Dublin Regulation). The Regulation may now be applied to applications for international protection lodged starting 1 January To ensure the smooth functioning of the Common European Asylum System and cooperation among the Member States, Article 33 of the Regulation also provides for a mechanism for early warning, preparedness and crisis management. The Dublin Regulation defines the criteria and procedure for determining the Member State responsible for examining an asylum application lodged in one of the Member States (as well as Norway, Iceland, Liechtenstein and Switzerland). Under the Regulation, only one country, to be determined using objective criteria, is responsible for examining an asylum application. This responsibility is determined among other things by which Member State is responsible for the asylum applicant s presence in the Union (for example by issuing a visa or because the foreigner illegally crossed that state s external border). If it is not possible to determine which country is responsible, then the Member State in which an asylum application was first lodged is responsible. The Regulation also includes humanitarian criteria for determining the responsible Member State in the case of minors seeking asylum and of family reunification. The Dublin Regulation is intended to ensure that asylum applications are processed promptly and to prevent asylum applicants from submitting applications in more than one Member State ( asylum shopping ), either at the same time or in succession. Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention Eurodac, which went into operation in 2003, is the common Automated Fingerprint Identification System for asylum seekers and for foreigners who entered or are residing in the EU

91 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 91 illegally. According to the Eurodac Regulation, Member States are required to take fingerprints of every asylum seeker and of every foreigner entering the EU unlawfully over the age of 14. The fingerprints are compared with data stored in Eurodac to determine whether the person concerned has already filed an asylum application in another Member State or has unlawfully entered EU territory via another Member State, This makes it easier to apply the relevant criteria for determining responsibility under the Dublin Regulation. The European Parliament and the Council of the European Union on 26 June 2013 adopted a revised version of this regulation, Regulation (EU) No 603/2013 of the European Parliament and of the Council on the establishment of Eurodac for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast). The new version also provides for law enforcement access to Eurodac. The Regulation enters into force on 20 July 2015.

92 92 Directive 2011/95/EU of the European Parliament and the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted This Directive lays down requirements which qualify a person as a refugee (this falls within the scope of Section 60 (1) of Germany s Residence Act but does not affect the right of asylum granted by Article 16a of Germany s Basic Law) or as eligible for subsidiary protection and the relevant status rights. Refugee status is determined on the basis of the Geneva Convention on refugees. International subsidiary protection is granted if the requirements of the Geneva Convention are not met but the asylum seeker is nonetheless in need of protection because his/her human rights are severely threatened. This Directive does not affect protection against deportation granted on the basis of national law, for example in case of serious illness which cannot be treated in the country of deportation.

93 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 93 Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status This Directive, known as the Asylum Procedures Directive, deals with asylum procedures before administrative bodies and, to some extent, courts. On 26 June 2013, the European Parliament and the Council of the European Union adopted an amended version of the Directive, Directive 2013/32/EU on common procedures for granting and withdrawing international protection. The Directive lays down rights and obligations of asylum seekers for example, the right to call an interpreter, hold a personal interview and access the UNHCR, the obligation to report to the competent authorities and to hand over documents as well as different types of decisions and procedural principles intended to ensure efficient, fair and targeted decisions on asylum applications. This includes inadmissible applications, manifestly unfounded applications, the concept of safe countries of origin, entry from safe third countries, and the examination of further applications. Member States have until 20 July 2015 to adopt the necessary national legislation and administrative regulations to implement the Directive. Decision No 573/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme Solidarity and Management of Migration Flows and repealing Council Decision 2004/904/EC, amended by Decision No 281/2012 EU of the European Parliament and the Council of 29 March 2012 As the first measure of the common asylum and refugee policy the Council adopted the Decision of 28 September 2000 establishing a European Refugee Fund for the period to 2004 with a budget of 216 million. The Fund s aim was to support Member States in bearing the consequences of receiving refugees and displaced persons. It was continued under the ERF for 2008 to The aim of the Fund is to support and promote the efforts of Member States in receiving refugees and expellees and the consequences of this reception by co-financing the measures called for in this decision. The Fund pays for Member State measures to improve reception conditions and asylum procedures, to integrate persons whose stay is of a lasting and stable nature, to enhance Member States capacity to develop, monitor and evaluate their asylum policies, to resettle persons at the request of the UNHCR and to transfer refugees between Member States. The ERF budget is 628 million, of which approximately 58 million is available to Germany.

94 94 Changes to the ERF were adopted in March 2012 to encourage a voluntary resettlement programme. These changes affected the procedure for determining the conditions for providing financial assistance to receive persons for the purpose of resettlement. Resettlement refers to the reception in countries willing to accept them of refugees in need of protection, who have no permanent protection in their current place of residence and cannot return to their country of origin. Only those Member State resettlement programmes are eligible for funding which have the same priorities as those set previously at EU level. Member State participation is voluntary. Member States which admit a predetermined number of vulnerable persons in line with these priorities receive assistance in the form of a fixed sum for each newly resettled person. Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office The European Asylum Support Office went into operation in Valletta, Malta, in June This office is intended to help improve implementation of the Common European Asylum System, to strengthen practical cooperation among the Member States and to provide and/or coordinate operational support to Member States subject to particular pressure on their asylum and reception systems. This includes identifying and pooling best practices and gathering and preparing information on countries of origin. The office is also supposed to help with relocation measures within the EU. Another important task is training for staff of Member States asylum authorities. With regard to the external dimension of the Common European Asylum System, the European Asylum Support Office has certain supporting and coordinating functions which are likely to assume increasing significance especially in relation to resettlement and regional protection programmes. The office also coordinates support for Member States subject to particular pressure, for example by identifying concrete needs for support, coordinating technical assistance and deploying asylum support teams. The office works with the UNHCR and maintains a dialogue with relevant civil society organizations. The Executive Director is responsible for managing the office and its day-to-day administration. Decisions on the work programme, internal structures and the use of funds are made by a management board comprising representatives of the Member States, the Commission and the UNHCR.

95 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 95 Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund The Asylum, Migration and Integration Fund (AMIF) went into operation on 21 May 2014 to set the EU financial framework for the period 2014 to 2020 for the area of migration and integration. The AMIF is intended to reduce bureaucracy, simplify procedures and place greater emphasis on the EU s current migration and refugee policy than was the case with the separate funding from the refugee, integration and return funds. The AMIF has a total budget of roughly 3.1 billion over the entire funding period; 208 million of that is intended for Germany. 3.3 A common EU policy on migration Managing legal migration For various reasons, many people from all over the world wish to live in the European Union. But migration also creates difficulties which may impact other European Union Member States and can therefore be resolved only by working together. This is why a policy of coordinated and selected immigration, in particular depending on the Member States labour market needs, is necessary to enable fair treatment of migrants and integration into the receiving society as appropriate. The following progress has already been achieved: Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L251, p. 12) This Directive governs the harmonization of the right to family reunification of third-country nationals residing lawfully on the territory of the Member States, including recognized refugees. The Directive provides entitlement to reunification for nuclear families. Spouses and children up to their 18th birthday may join a family member living in the EU. One of the requirements for family reunification is that the family member already residing in a Member State has a stable and regular income sufficient to support himself/herself and his/her family members without recourse to the social assistance system of the Member State concerned. Member States may require family members to comply with integration measures before or after their entry.

96 96 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L16, p. 44) The Directive harmonizes the residence status of third-country nationals living in the EU. Among other things, it governs the requirements for long-term residence titles granted to third-country nationals who have resided legally and continuously in a Member State for five years. It also calls for largely equal treatment with own nationals of third-country nationals who have the right of permanent residence, for example with regard to access to employment, welfare benefits and social assistance, and the right to residence in another Member State. On 20 May 2011, a directive entered into force which extends the scope of Council Directive 2003/109/EC to persons with international protection status. Council Regulation (EC) No 380/2008 of 18 April 2008 amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals (OJ L115, p. 1)

97 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 97 Under Regulation (EC) No 1030/2002 in conjunction with Council Regulation (EC) No 380/2008, residence permits for third-country nationals issued by the Member States have a uniform format. Most importantly, these regulations state that residence permits are to be issued only as stand-alone documents integrating biometric identifiers (facial image and two fingerprints) stored on the chip of the new electronic residence permit. Integrating biometric identifiers in compliance with EU requirements represents an important step towards creating a more reliable connection between the permit holder and the permit in order to combat fraud. The regulations also define the general features of the uniform format. Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (OJ L375, p. 12) The Directive covers admission requirements for students, unpaid trainees, participants in cross-border volunteer programmes and exchange pupils from third countries. It also defines the conditions under which third-country nationals who have a residence title as a student in one Member State are entitled to a residence title in another Member State for the purpose of studies. This provision is intended to promote the mobility of foreign students. Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ L289, p. 26) This Directive makes it easier for highly qualified foreign researchers from third countries to receive a residence permit by providing for a special admission procedure. Research institutions recognized by the Federal Office for Migration and Refugees may make admission agreements with researchers from third countries, significantly simplifying the procedure. Additional information, in particular on the recognition procedure, can be found on the website of the Federal Office for Migration and Refugees, Communication from the Commission Policy Plan on Legal Migration In December 2005 the Commission presented its ideas on the future of European migration policy in a policy paper which includes the planned measures and legal initiatives to pursue the coherent development of EU policy on legal migration.

98 98 In the field of labour immigration the Commission proposes various legislative and operational measures in four areas of action. In particular, the Commission calls for drafting a framework directive which grants certain rights to all third-country nationals who legally work in a Member State. In addition, the Commission plans four sectoral directives to govern the entry and residence of certain third-country nationals (e.g. highly qualified workers, seasonal workers, intra-corporate transferees and remunerated trainees). The Commission s Policy Plan also contains proposals on circular labour migration, on intensifying cooperation with the countries of origin and improving social integration in the countries of destination. These proposals are accompanied by concrete measures to build knowledge and information about various aspects of migration. For example, the European Migration Network went into operation in 2004, and the European Employment Services network is a Europe-wide platform launched in 2005 to collect and offer data on employment advertisements. In addition to these measures, an EU immigration website and mobility website for European researchers are to be created.

99 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 99 The EU s Blue Card Directive Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment (OJ L289, p. 26) This Directive provides for a special residence permit, known as the EU Blue Card, for highly qualified workers. The Blue Card is subject to specific requirements (e.g. occupational qualification and a minimum salary to be defined) and provides special rights, for example with regard to mobility, family reunification and permanent residency. The Directive entered into force in June Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L343 of 23 December 2011, p. 1) The Directive provides for two key elements: Q Q a single permit (residence and work permit) for residence for the purpose of employment, issued in a single application procedure leading to a decision on the single permit to stay and work legally within the territory of a Member State (in Germany, this has been the law since 2005); Q Q a common set of rights for third-country workers legally residing and working in a Member State to equal treatment with nationals with regard to working conditions, certain branches of social security, and education and vocational training. Seasonal Workers Directive Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (OJ L94, p. 375) This Directive is intended to meet Member States needs for seasonal workers while protecting third-country seasonal workers against exploitation. For this purpose, the Directive defines common admission procedures and criteria and guarantees certain rights to equal treatment with nationals of the host country.

100 100 ICT Directive Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intracorporate transfer (OJ L157, p. 1) The Directive is intended to make it easier for third-country managers, specialists and trainee employees to enter the Union and to improve the mobility of intra-corporate transferees within the EU. With this in mind, the Directive creates a special residence permit and a uniform admission procedure based on harmonized criteria. It also grants intra-corporate transferees certain rights of mobility and equal treatment Combating illegal migration As in the past, combating illegal immigration remains a priority of European migration policy under the Stockholm Programme. Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (OJ L261, p. 19) is aimed at fighting human trafficking by granting temporary residence titles to the victims of trafficking who cooperate with the competent authorities. The EU Global Approach to Migration (for more information, see Section 3.1) was initiated in 2005 and has been regularly updated and expanded since then. With the Global Approach, the European Council has acknowledged that successful and ongoing management of migration processes can succeed only in cooperation with countries of origin and transit. The Global Approach constitutes the strategic framework for the EU s external migration policy. The Global Approach rests on three pillars: preventing and combating illegal migration; taking advantage of the opportunities of legal migration; and strengthening the synergies between migration and development. Strengthening the protection of refugees always also plays a key role. In December 2007, mobility partnerships were initiated as the most important instrument of the EU s Global Approach to Migration. These are political agreements which, through support above all in the field of economic development/legal migration create incentives for third countries to cooperate, and are combined with obligations to cooperate on refugee protection, prevention of illegal migration (for example on information campaigns or the readmission of own nationals) and on border protection. Such mobility partnerships have so far been concluded with the Cape Verde Islands, the Republic of Moldova and Georgia. Different groups of EU Member States participate voluntarily in these partnerships, deciding in which

101 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 101 individual measures of the partnership agenda they wish to participate. Germany participates in the mobility partnership with Georgia. Work is already under way in the EU to conclude further mobility partnerships (Armenia, Ghana and Senegal). In addition, in May 2011 the European Commission presented concrete proposals for a dialogue with southern Mediterranean states on migration, mobility and security based on the Global Approach to Migration. In response, the Council initiated a dialogue with Tunisia, Morocco and Egypt aimed at entering deeper cooperation with these North African states following the recent political upheaval in order to root out the causes of migration and promote mobility between the southern Mediterranean states and the EU. This dialogue is intended to lay the groundwork for mobility partnerships with the EU s southern neighbours as well. Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L168, p. 24) entered into force on 20 July It includes a ban on employing third-country nationals residing illegally and requires all Member States to take similar measures to implement this ban. The focus is on the employer rather than the illegal resident. The measures called for range from preventive measures such as reporting and monitoring requirements, to administrative or penal sanctions.

102 European visa policy One of the measures to compensate for discontinuing checks at the internal borders in accordance with the Schengen Agreement and the Convention Implementing the Schengen Agreement is a common visa policy. Its core element is the uniform Schengen visa which entitles its holder to stay in the Schengen area during the visa s validity period, but no longer than 90 days in any 180-day period. The common European visa policy also includes a shared list of third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement according to Council Regulation (EC) No 539/2001 of 15 March 2001 (OJ L81, p. 1, in the applicable version). European visa policy also includes a highly secure, uniform visa format intended to prevent forgery and misuse. The suspension clause anchored in Regulation (EU) No 1289/2013 (EU Visa Regulation) defining the conditions for temporarily reinstating the visa requirement in certain cases entered into force on 9 January Another component of the European visa policy is concluding visa facilitation agreements with third countries. The Visa Code, Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code (OJ L243, p. 1), governs the issuing of visas. The European Commission presented its proposals for revising the Visa Code (Proposal for a Regulation of the European Parliament and of the Council on the Union Code on Visas (Visa Code), COM (2014) 164) and for establishing a touring visa (COM (2014) 163). The proposals are currently being negotiated in the Visa Council Working Party. In this way, European visa policy makes an important contribution to combating illegal immigration and increasing security within the Schengen area. The European Visa Information System (VIS) is especially important for the common visa policy. The VIS was established on the basis of Council Decision 2004/512/EC of 8 June The purpose, functions and competences with regard to the VIS are defined in Regulation (EC) No 767/2008 of the European Parliament and the Council of 9 July The VIS enables the Member States to share information on applications for short-stay visas and on visa decisions in order to simplify the visa application procedure, prevent visa shopping and avert threats

103 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 103 to the internal security of the Member States. Personal data of visa applicants, including photographs and fingerprints, are stored in the VIS and may be accessed not only by diplomatic missions abroad, but also by border and asylum authorities in particular. Since 11 October 2011, the VIS has gone into operation gradually, region by region. It is scheduled to be operational worldwide by mid EU policy on returns Effective returns of third-country nationals required to leave the EU is an important part of managing migration movements. The Amsterdam Treaty assigned responsibilities in the field of returns to the EU in order to shape effective policy based on common standards. Not only do the Member States need to work together; it is also important to make policy on returns an integral part of overall relations with third countries. The Return Action Programme of 25 November 2002 (Council Doc 14673/02) called for improving practical cooperation among the EU Member States on voluntary returns and returns of third-country nationals required to leave; drafting common minimum standards for returns and country-specific voluntary return programmes; and intensifying cooperation with third countries. An important tool for cooperation with third countries is concluding EU readmission agreements with countries of origin and transit. Readmission agreements have entered into force with 14 non-eu countries, including Russia, Ukraine and the Western Balkan countries. From 2008 to 2013, the European Commission supported joint projects of several EU Member States (known as Community measures) and those of individual EU Member States in the framework of the European Return Fund. Funds for national project funding were distributed annually according to a statistical formula. These funds supported the national return policies of the Member States in line with the EU policy on returns. Starting in 2014, most funding for measures related to voluntary and forced return comes from the EU s Asylum, Migration and Integration Fund (AMIF; see Section 3.2). Along with national return programmes, the AMIF is intended in particular to support cooperation among Member States in the field of returns and with third countries as well as information measures and campaigns in third countries. Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals (OJ L149, p. 34) creates the conditions needed to carry

104 104 out an expulsion decision issued by a competent authority in one Member State against a third-country national present within the territory of another Member State. Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ L321, p. 26) specifies binding rules to standardize the procedure (including assistance measures) for removal by air via transit Member States and to improve cooperation at European level on returns of third-country nationals. Return measures via transit Member States regularly affect the sovereignty of the transit country, in particular with regard to the use of coercive force. The aim of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals is to create a legal framework for an efficient return policy

105 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 105 of the Member States and to introduce EU-wide minimum standards for the protection and humane treatment of those affected. The Directive contains provisions on the decision to end illegal stays (procedural issues, notice of intention to deport, postponement of removal), a re-entry ban, procedural guarantees (legal remedy) and conditions and length of detention for the purpose of removal. 3.6 European policy on integration Community law on entry and residence rights of third-country nationals includes integration requirements. Community law allows (optional) requirements of language tests in the countries of origin for family members immigrating subsequently and demonstration of having met integration requirements when issuing an EU permanent resident permit. However, integration policy for immigrants remains the responsibility of the Member States. Member State ministers responsible for integration meet to informally share experience. So far there have been four meetings under the various Council presidencies: in Groningen (2004), Potsdam (2007), Vichy (2008) and Saragossa (2010). Article 79 (4) of the Treaty on the Functioning of the European Union (TFEU, part of the Lisbon Treaty) for the first time explicitly provides for Community measures while excluding harmonization. In the area of integration, this provision allows measures to provide incentives and support for the action of Member States with a view to promoting the integration of third-country nationals residing legally in their territories, excluding any harmonization of the laws and regulations of the Member States. Priorities of European cooperation are developing European modules to enhance national integration policies and to develop indicators at EU level. European modules concerning language courses, inclusion of the host society and participation of migrants are designed to be practical instruments to assist decision-makers and practitioners. Indicators at EU level are intended above all to improve comparability among the Member States. Lastly, the European integration website was created as a public portal for sharing information and to serve as a bridge between decision-makers and practitioners. The website aims in particular at promoting integration policy measures and procedures and strengthening cooperation between government and civil-society organizations in the EU.

106 106 European cooperation consists above all in sharing information and experience with each other. To this end, the National Contact Points on Integration were set up as an expert group under the auspices of the European Commission, in which Germany is represented by the Federal Ministry of the Interior. At German initiative, a forum for sharing information and experience on intercultural dialogue is taking place at European level for the first time in the framework of cooperation among the National Contact Points on Integration. This also entails creating structures to allow rapid coordination at short notice in case of urgent problems. The European Commission also has a variety of programmes to promote national-level integration measures by the Member States, for example in the areas of social affairs, labour market integration, education, language learning and urban co-existence. The Commission also supports innovative integration projects which serve as a model for other Member States. The European Fund for the Integration of Third-Country Nationals established for the period as part of the general programme Solidarity and management of migration

107 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 107 flows helped Member States in their efforts to integrate third-country nationals of different cultural, religious and linguistic backgrounds. With a budget of 825 million, the Fund focused above all on measures for the integration of new immigrants. For the funding period 2014 to 2020, EU funding for integration programmes is available from the Asylum, Migration and Integration Fund (AMIF; see Section 3.2). 3.7 Other international cooperation The issues that arise in connection with international migration cannot be dealt with at the national or regional level alone. In addition to the Federal Government s efforts with the help of bilateral agreements and treaties, such as readmission and cooperation agreements, and in addition to joint efforts within the framework of the European Union, multi-national entities and associations including the United Nations play an increasingly important role. The Council of Europe sees itself as responsible for further developing the migration and integration policy of its 47 member states in accordance with common principles and especially with regard to its three core competences: human rights, democracy and the rule of law. Until 2010, a Committee on Migration served to coordinate efforts and draft recommendations for the member state governments concerning migration management, integration and the legal status of immigrants. The Council of Europe will continue to draft positions on selected migration policy issues without this committee. At EU level, the European Migration Network was institutionalized on 14 May 2008 by Council Decision 2008/381/EC following a pilot and project phase and represents an important instrument of cooperation in the field of migration. This network has the task of providing the bodies of the European Community and the Member States with current, objective and reliable data and information comparable EU-wide on migration and asylum to assist in their policy-making decisions. In addition, the network is intended to enable participating Member States to directly share information and experience. A steering committee made up of representatives of the European Commission and the Member States draws up an annual work programme to set the priorities of the network and its National Contact Points. These priorities include current European policy studies, a report on the migration and asylum situation in the Community and the Member States and a report of the relevant statistics. To avoid overlaps with other Community institutions, the network is supposed to communicate with these institutions. At the same time, it is intended to serve as a link between policy-makers

108 108 and the research community and to keep the general public informed about developments in the field of migration and asylum. The Global Forum on Migration and Development was inspired by the High Level Dialogue on International Migration and Development at the start of the 61st General Assembly of the United Nations in New York (2006) and now takes place every year. This forum is a global initiative outside the official structures of the United Nations. Its goal is to promote international dialogue and experience-sharing on the connection between migration and development and to create perspectives for action. The forum sees itself as an informal forum for intergovernmental dialogue, in which high-level representatives from more than 150 nations take part each year. Held ahead of the forum and analogous to the meeting of government representatives, the Civil Society Days bring together representatives from a wide variety of non-governmental organizations to discuss current migration and development issues from a civil-society perspective. The forum is chaired in alternate years by countries of destination and origin of migration. Seven conferences have been held so far: in Belgium in 2007, in the Philippines in 2008, in Greece in 2009, Mexico in 2010, Switzerland in 2011, Mauritius in 2012 and Sweden in In 2013, in place of a forum, a high-level dialogue was held during the General Assembly of the United Nations in New York. Turkey will host the Global Forum in Germany is also involved in the Transatlantic Council on Migration (TCM). Founded by the Washington, DC-based Migration Policy Institute in April 2008, the TCM is an independent platform which brings together high-level leaders and decision-makers from the U.S., Canada and Europe to discuss migration and integration issues and sees its role as promoting public discussion. The aim of this cooperation is to intensify the transatlantic dialogue, contribute integration policy approaches of the participating countries to the TCM and come up with new ideas for national integration policies. Membership includes participation in meetings, access to the expertise of the Migration Policy Institute, the drafting of reports on current priority issues such as the immigration of highly qualified workers, and support for events and conferences. In this way, it provides valuable assistance for national integration policy.

109 3 THE GROWING EUROPEAN DIMENSION OF MIGRATION POLICY 109

110 Freedom of movement for EU citizens ICELAND EU Member States Countries with which the EU has made freedom of movement agreements Countries not belonging to the EU NORWAY SWEDEN FINLAND ESTONIA RUSSIAN FEDERATION Portugal SPAIN IRELAND ANDORRA UNITED KINGDOM DENMARK NETHERLANDS BELGIUM GERMANY LUXEMBOURG CZECH REPUBLIC UKRAINE FRANCE LIECHTEN- SLOVAKIA STEIN REPUBLIC SWITZERLAND AUSTRIA OF MOLDOVA HUNGARY SLOVENIA SAN CROATIA ROMANIA MONACO MARINO BOSNIA AND HERZEGOVINA SERBIA ITALIA VATICAN CITY LATVIA LITHUANIA BELARUS POLAND MONTENEGRO BULGARIA KOSOVO ALBANIA FORMER YUGOSLAV REPUBLIC OF MACEDONIA GREECE TURKEY MOROCCO ALGERIA TUNISIA MALTA CYPRUS km Federal Agency for Cartography and Geodesy As at September 2014 LIBYA EGYPT

111 4 FREEDOM OF MOVEMENT FOR EU CITIZENS General information As EU citizens, all nationals of the Member States of the European Union have the right to move freely within the EU and to enter and reside in any EU Member State. This right is guaranteed by Article 21 of the Treaty on the Functioning of the EU (TFEU). Freedom of movement also means having the right to engage in economic activity in every other Member State, i.e. to be employed or self-employed permanently or temporarily. This gives EU citizens the right to engage in economic activity in every other Member State under the same conditions as nationals of that Member State. 4.2 Development of European freedom of movement With increasing EU integration and above all the introduction of EU citizenship under the Maastricht Treaty, effective 1 November 1993, freedom of movement has progressed from a freedom of the single market for the employed, self-employed and service providers to a general basic right of all EU citizens. The right to reside in another Member State is no longer dependent on certain types of economic activity. This development began 1990/1993 when the right to freedom of movement was introduced for pensioners, students and other persons not in the labour force who have a right of residence as long as they have sufficient resources and health insurance cover. Now, with Article 21 of the TFEU (ex-article 18 of the EC Treaty), the right of every EU citizen to move and reside freely within the territory of the Member States is expressly set down in European primary law. However, this freedom of movement is not unconditional, but is subject to the relevant implementing provisions in European Community law.

112 Legal basis The conditions and scope of EU citizens freedom of movement is oriented on European law: This right is subject to the limitations and conditions laid down in the implementing provisions, above all Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. This Directive compiles the rights and duties of EU citizens and their family members to enter and reside in other Member States. In Germany, the Freedom of Movement Act/EU implements Directive 2004/38/EC in national law. The General Administrative Regulations on the Act contain binding rules for the government in applying the Act. European law also guarantees freedom of movement for workers (Article 45 TFEU), the right of establishment in the European Union (Article 49 TFEU) and the freedom to provide services (Article 56 TFEU).

113 4 FREEDOM OF MOVEMENT FOR EU CITIZENS The right of entry and residence of EU citizens In line with Directive 2004/38/EC, EU citizens need only a valid identity card or passport to enter and reside for up to three months in another EU Member State (Section 2 (5) of the Freedom of Movement Act/EU). For residence of more than three months, additional conditions must be met. According to Section 2 (2) of the Freedom of Movement Act/EU, the following EU citizens are entitled to freedom of movement under Community law: Q Q workers and persons seeking work (for a certain length of time) or in occupational training; QQ self-employed persons and providers of services; Q Q persons not in the labour market, as long as they have sufficient resources and health insurance cover; Q Q persons who have acquired the right of permanent residency following five years of legal residence; QQ and family members accompanying or following such EU citizens. So the underlying idea is that in order to reside for more than three months in another Member State, Union citizens must have sufficient resources to provide for themselves and their family members. In general, family members accompanying or following an EU citizen entitled to freedom of movement are also entitled to freedom of movement regardless of their citizenship, i.e. they do not have to be EU citizens themselves. According to Section 3 of the Freedom of Movement Act/EU, the following family members of EU citizens are entitled to freedom of movement: Q Q spouses and direct descendants (children and grandchildren) under age 21 of EU citizens entitled to freedom of movement or their spouses; Q Q dependent direct relatives in the ascending or descending line of EU citizens entitled to freedom of movement or their spouses.

114 114 If the EU citizen is resident in Germany as a student, this right extends only to the spouse and dependent children. 4.5 The right of permanent residence of EU citizens EU citizens who have lawfully resided in Germany without interruption for five years gain the right of permanent residence. This means their right of residence does not depend on whether they fulfil the necessary conditions for the right to freedom of movement. This is intended to underscore the special ties of EU citizens to their new home and promote their integration in the host society. The same applies to the family members and spouses of EU citizens entitled to freedom of movement, when they have also resided lawfully in Germany for five years. 4.6 Loss of the right of entry and residence EU citizens may lose their right to residence if they are found to be a threat to the public order, security or health. Such cases require a very large burden of proof: There must be a real and sufficiently serious threat to the public order or security, affecting the basic interests of society. This threat must arise from the actions of the EU citizen in question. In addition, under Section 5 (4) of the Freedom of Movement Act/EU, foreigners authorities may revoke the freedom of movement if the conditions for exercising this right are no longer met. Foreigners authorities may examine whether these conditions are met only for a specific reason, for example if EU citizens claim a significant amount of social assistance benefits. Non-entitlement to freedom of movement can be established under Section 2 (7) of the Freedom of Movement Act/EU in case of violations of the law or fraud. EU citizens whose freedom of movement has been revoked must leave the country. In this context, the Freedom of Movement Act/EU does not refer to expulsion, but to forfeiting the right to freedom of movement resulting in the obligation to leave the country. If the EU citizen in question does not comply voluntarily, he or she may be deported. EU citizens who have lost their freedom of movement because they have been found to be a threat to public order or security may not re-enter German territory.

115 4 FREEDOM OF MOVEMENT FOR EU CITIZENS Transitional provisions for EU citizens from Croatia The right to move and reside freely in every Member State also fully applies to Croatian nationals in accordance with European law. For the Republic of Croatia, which entered the EU on 1 July 2013, the Accession Treaty and accession acts contain transitional provisions concerning freedom of movement for workers and, in Germany, for transferring workers in certain service sectors. A flexible model applies, in which the older Member States may apply measures regulating the labour market access for citizens of the new Member States for an initial transition period of two years, in derogation of the directive on the freedom of movement of workers within the Community (phase 1). The Member States may extend these measures by an additional three years (phase 2); thereafter, in case of actual or expected severe disturbances in the labour market, these measures may be extended by a further two years (phase 3). Germany is currently applying this model to Croatian nationals, as are a number of other Member States. This means that workers from Croatia continue to need a work permit. During this transitional period they need an EU work permit. University graduates, trainees and seasonal workers are exempt from this requirement, i.e. they do not need an EU work permit. In the case of skilled workers with two years of vocational training, only compliance with the terms and conditions of employment are verified.

116 116 5 Foreigners right of residence in Germany Only foreigners holding a recognized and valid passport or passport substitute may enter or reside in the Federal Republic of Germany. In order to enter and reside in Germany, foreigners must have either a visa, a (temporary) residence permit or a (permanent) settlement permit. In transposing Council Directive 2003/109/EC, Germany 8 also introduced an EC long-term residence permit. According to European Community law, citizens of certain countries require a visa for stays of up to 90 days within a period of 180 days. The conditions for issuing such visitor s visas are also regulated by European law. However, they are largely identical with Residence Act requirements for issuing other types of residence titles. As a rule, persons applying for a residence title must fulfil the following requirements: QQ that the foreigner s subsistence is secure; QQ their identity and, if they are not entitled to return to another country, QQ their nationality has been established; QQ no grounds for expulsion apply; Q Q as far as the foreigner has no claim to a residence title, that foreigner s residence does not affect or threaten the interests of the Federal Republic of Germany for any other reason; QQ they hold a valid passport. 8 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJEU 2004 L16, p. 44).

117 5 FOREIGNERS RIGHT OF RESIDENCE IN GERMANY 117 A foreigner is regarded as having sufficient resources to support him-/herself if he/she can pay all necessary living expenses, including adequate health insurance coverage, without recourse to public funds. This does not include child benefits, supplementary child allowance, child-raising benefits or public funds based on own contributions or granted in order to enable residence in Germany. Other family members contributions to household income shall be taken into account when issuing or renewing residence permits allowing the subsequent immigration of dependants. A foreigner who is enrolled in a statutory health insurance fund shall be deemed to have sufficient health insurance coverage. Further, a residence or settlement permit will be issued only if the foreigner has the necessary visa to enter Germany, if applicable, and has already provided the necessary information in his or her visa application. These requirements may be waived if the person in question fulfils the requirements for a residence title or if, due to special circumstances in the individual case, it would be unreasonable for him or her to apply for a visa after having entered the country.

118 118 The EC long-term residence permit may be granted to foreigners who have been lawfully resident in Germany for five years. This permit allows foreigners to move to another EU Member State and, like the settlement permit, it gives third-country nationals largely the same status as German citizens, for example with regard to labour market access and social insurance benefits. According to the Residence Act, the issuing of residence titles is oriented on legally defined purposes of residence: employment, training and education, humanitarian reasons, and subsequent immigration of family members. 5.1 Employment A forward-looking education and labour market policy is extremely important to the Federal Government. Growing competition in the markets and accelerating change in the structure of employment demand the entry and international exchange of highly skilled workers. Fostering research and higher education in Germany requires offering more attractive conditions for innovative specialists and students from abroad. Goals and measures are defined in the Federal Government s Skilled Labour Concept which was adopted in June This strategy is checked and updated on an annual basis. It focuses on tapping and promoting domestic potential by activating and securing employment; balancing family and career; providing educational opportunities for all from the very start and by ensuring qualification through basic and advanced training. Yet, activating the domestic labour force potential will not be enough to cover the future labour demand in all sectors. The option of a managed, demandoriented and qualified migration is needed to be able to deal with labour shortages. Highly-qualified teachers in senior positions and academics who are offered a position in Germany may therefore be granted permission to work without having to determine whether German candidates are available if the position fulfils certain criteria defined in the law. They are granted a settlement permit when they arrive if they can reasonably be expected to become integrated in German society. In addition, the EU Blue Card and the jobseekers visa were introduced for highly skilled workers. Thus, the German labour market has been largely opened up to this kind of migration. Highly-qualified persons need to meet just a few, easily comprehensible requirements in order to obtain a Blue Card. They have to submit proof that they hold a university degree and an employment contract with an annual gross salary of at least 47,000 euros (2014) in regular

119 5 FOREIGNERS RIGHT OF RESIDENCE IN GERMANY 119 occupations; in occupations that are subject to labour shortages (these are occupations in the MINT disciplines mathematics, information science, natural sciences and technology and occupations in human medicine), the salary must be comparable to that of German nationals and amount to at least 37,128 euros (2014). No labour market test is conducted. According to the Residence Act, unskilled, low-skilled and even skilled foreign workers may be granted a residence permit for the purpose of employment only if a statutory instrument or intergovernmental agreement so provides. Highly skilled foreign workers who may receive a residence permit according to these regulations, include in particular skilled workers holding a foreign or German university degree, but also skilled workers with a formal vocational qualification in an occupation that is subject to labour shortages. When applying for a work permit, foreigners need go only to their foreigners authority; the Federal Employment Agency is involved by means of an internal approval procedure. The foreigners authority issues the work permit, if approved by the employment administration, together with the residence permit (one-stop government). Before approving the work permit application, the employment administration usually conducts an individual check to determine whether permission to work will have any detrimental effects on the labour market.

120 120 Self-employed immigrants can have a significant economic impact, as most jobs in modern economies are created in small and medium-sized businesses. The Residence Act therefore aims to make it easier for foreign entrepreneurs, especially those with innovative ideas, to immigrate. To do so, it includes provisions on residence for the purpose of self-employment. The provision is intended in particular to make it easier for foreign entrepreneurs with secure financing and a sound business plan to make long-term investments in Germany. 5.2 Education and university-level study Foreign students who are enrolled at German universities have a good chance of being allowed to permanently stay in Germany: After completing their studies, graduates may take up employment commensurate to their university degree. They may be granted a residence permit for eighteen months in order to look for appropriate employment. Throughout this period they have unlimited access to the labour market. 5.3 Family reasons In 2007, the Act to Implement Residence- and Asylum-Related EU Directives introduced key changes concerning the subsequent immigration of spouses in order to promote integration and prevent forced marriage. As a result, for foreigners to be able to join their German or non-german spouses in Germany, both spouses must now be at least 18 years of age, and the foreigner who wishes to immigrate must have at least basic German language skills (Section 28 (1) fourth sentence in conjunction with Section 30 (1) first sentence, no. 1 and no. 2 of the Residence Act). This is intended to ensure that spouses immigrating subsequently to Germany will be able to manage daily life here and will be able to take part in society from the time they arrive. In certain cases, the law allows for the requirement concerning the minimum age and/or the proof of German language skills to be waived (Section 30 (1) second and third sentences Residence Act). Children of persons granted asylum status and refugees under the Geneva Convention are entitled to immigrate until their 18th birthday in order to re-join their non-german parents (Section 32 (1) Residence Act). In all other cases, children may immigrate up to their 16th birthday (Section 32 (1) and (2) Residence Act); children who have not yet reached the age of sixteen are entitled to immigrate and join their parents who share the right of custody and care or the parent who possesses the sole right of custody and care if the parents or the parent

121 5 FOREIGNERS RIGHT OF RESIDENCE IN GERMANY 121 possessing the sole right of custody and care hold a residence permit, an EU Blue Card, a settlement permit or an EU long-term residence permit (Section 32 (1) Residence Act). Furthermore, children who have not yet reached the age of sixteen should also be granted a residence permit for the purpose of joining just one parent, provided that the parent who stays behind in the country of origin has given his or her consent or a relevant binding decision has been supplied by a competent authority (Section 32 (3) Residence Act). Ultimately, limited discretion is possible to take into account the best interests of the child and the family situation (Section 32 (4) Residence Act). Children who are aged 16 or over but have not yet reached the age of 18 may be allowed to immigrate if they enter Germany together with their family unit or if they speak the German language or if it appears that they will be able to integrate into the way of life prevailing in the Federal Republic of Germany (Section 32 (2) Residence Act).

122 122 According to Section 29 of the Residence Act, the general conditions for the subsequent immigration of family members are as follows: Q Q the foreigner whom they wish to join in Germany holds a settlement permit, an EU-long-term residence permit, a residence permit or an EU Blue Card, QQ sufficient living space is available, Q Q the family member has sufficient means to support family members without recourse to public funds (Section 5 (1) no. 1 Residence Act), and QQ no grounds for expulsion exist (Section 5 (1) no. 2 Residence Act). Additional conditions must be fulfilled depending on the individual circumstances (in particular, concerning foreigners wishing to join non-german spouses; see Section 30 (1) Residence Act). Persons entitled to asylum and recognized Convention refugees may be exempted from the requirements to demonstrate sufficient living space and independent means of support, because such persons are unable to live with their families in their home country due to political persecution (Section 29 (2) Residence Act). Minor unmarried children of German nationals and parents of minor unmarried Germans whose residence serves the purpose of care are entitled to a residence permit without having to prove that they have sufficient living space and means to support themselves (Section 28 (1) second sentence Residence Act), if the German s usual place of residence is in the federal territory. Foreigners wishing to join a German spouse in Germany may only in exceptional cases and under special conditions be asked to prove that they have sufficient means to support themselves (Section 28 (1) third sentence Residence Act). Family members of foreigners who have been issued a residence permit on certain humanitarian grounds may be permitted to immigrate subsequently only upon consideration of the individual case; furthermore, such family members must qualify for residence permits based on humanitarian grounds or international law or in the political interests of the Federal Republic of Germany (Section 29 (3) first sentence Residence Act). In cases where the residence permit was granted only for a temporary stay or under the statutory regulation governing old cases (Section 104a para. 1 first sentence, Section 104b of the Residence Act) or because depor-

123 5 FOREIGNERS RIGHT OF RESIDENCE IN GERMANY 123 tation is not possible for an extended period of time, the subsequent immigration of dependent family members shall not be permitted (Section 29 para. 3 of the Residence Act). Relatives other than spouses or unmarried minor children may immigrate subsequently only if necessary to prevent unusual hardship (Section 36 (2) Residence Act). According to the EU Directive on the right to family reunification, an exception from this rule applies for the parents of minors who are entitled to asylum or recognized as Convention refugees if a custodial parent is not yet in the federal territory (Section 36 (1) Residence Act). Access to the labour market for dependants of foreign nationals is governed by Section 27 (5) Residence Act. All residence titles issued for family reasons shall entitle their holders to pursue an economic activity. 5.4 Residence under international law or on humanitarian or political grounds In recent years, legislation has provided significant improvements to the protection system. Convention refugees and their family members Also victims of non-state and gender-specific persecution may be granted protection as refugees and subsequently issued residence titles. Gender-specific persecution is recognized as persecution due to membership of a certain social group when a person s life, freedom from bodily harm or liberty is threatened solely on account of his or her sex. Like persons granted asylum status, refugees under the Geneva Convention initially receive a temporary residence permit; after three years, they may be eligible for a settlement permit, if the necessary conditions still apply. After their 18th birthday, children of persons granted asylum status and Convention refugees whose status was recognized before 1 January 2005 shall be granted a residence permit if QQ they were not yet 18 when asylum was applied for, Q Q they have resided in Germany since the asylum application was finally approved and no longer subject to appeal, QQ they can be expected to become integrated, and

124 124 Q Q they have not committed any deliberate criminal offences in the past three years resulting in youth detention or a prison sentence of at least six months, or a fine equivalent to 180 daily rates (Section 104 (4) Residence Act). Subsidiary protection If pursuant to Directive 2011/95/EU a foreigner cannot be deported due to the threat of torture, capital punishment or the risks emanating from civil war, he or she will be issued a residence permit Subsidiary protection shall not be granted to persons who have committed human rights violations or other serious crimes (Section 4 (2) of the Asylum Procedure Act). Deportation ban Foreigners, for whom a deportation ban applies, are basically entitled to a residence permit; this does not apply for persons who have committed human rights violations or other serious crimes or who have repeatedly or grossly breached their duty to cooperate (Section 25 (3) of the Residence Act).

125 5 FOREIGNERS RIGHT OF RESIDENCE IN GERMANY Temporary suspension of deportation; provisions governing the right to stay If it is not possible in law or in fact to remove a foreigner, his/her deportation is temporarily suspended. Such persons are not regarded as legally residing in Germany. In addition, Section 25 (5) of the Residence Act offers the possibility of issuing a residence permit to persons subject to an enforceable order to leave the country, such as persons whose deportation has been temporarily suspended because their departure is impossible in law or in fact and will remain so for the foreseeable future. However, this applies only if the foreigner is prevented from leaving the country through no fault of his or her own. Fault on the part of the foreigner consists of furnishing false information, deceiving the authorities with regard to his or her identity or failing to meet reasonable demands to remove the obstacles to departure. The Act to Combat Forced Marriages, which entered into force on 1 July 2011, created for well-integrated young people whose deportation has been suspended a right to remain independent of any cut-off dates (Section 25a Residence Act new version). Under this provision, young foreigners whose deportation has been suspended for many years, who go to school or have successfully graduated from school and who are likely to have no difficulty becoming integrated in German society may obtain an independent right of residence. An additional condition for granting a residence permit is that the young foreigner has not hindered his/ her deportation through false information or deception. Their parents and minor siblings may obtain the right of residence if they do not try to avoid expulsion by attempting to deceive and if the family s livelihood is fully assured. Persons who do not meet the conditions for issuing a residence permit will continue to be granted a temporary suspension of deportation if it is impossible in law or in fact for them to leave the country. In addition, Section 60a (2) third sentence of the Residence Act allows foreigners authorities to decide on discretionary suspension of deportation for urgent humanitarian or personal reasons or if doing so would manifestly be in the public interest. After one year of residence as a person whose deportation has been suspended but who does not come under the provision governing old cases, foreigners are granted lower-priority access to the labour market; after four years they are granted equal access to the labour market. They will not be allowed to take up employment if they are responsible for hindering official measures to end their residence. Hardship case The Residence Act now allows the supreme authority at state level to make an exception to the legal requirements for issuing and extending residence permits and grant residence permits to foreigners subject to an enforceable order to leave the country. They may do so only at

126 126 the recommendation of a hardship commission. The German states (Länder) are solely responsible for setting up hardship commissions and determining their procedures, conditions for issuing permits or grounds for exclusion. The provisions on hardship cases do not create any individual legal entitlements. Issuing residence permits to foreigners from certain countries and to certain groups of foreigners The supreme state authorities have the option to order that specific groups of foreigners or foreigners from specific countries should be granted a residence permit for humanitarian reasons or for reasons of international law or in the political interests of the Federal Republic of Germany (Section 23 (1) Residence Act). Such orders may be applied to persons who have not yet entered Germany as well as those already residing here, such as foreigners whose deportation has been suspended for many years (see above, Temporary suspension of deportation; provisions governing the right to stay ). They may be made conditional on assuming the costs associated with admitting these persons (declaration of commitment). This measure is intended in particular to take into account the interests of those entities active in the humanitarian field, such as churches. In order to ensure nation-wide consistency, decisions on admitting groups of persons require the approval of the Federal Ministry of the Interior. Since 2013, 15 federal states (Länder) have been admitting Syrian refugees who have relatives in Germany. Further, the Federal Ministry of the Interior, to pursue special policy interests of the Federal Republic of Germany and in cooperation with the supreme state authorities, may order the Federal Office for Migration and Refugees (BAMF) to admit foreigners from certain countries or certain groups of foreigners (Section 23 (2) Residence Act). Since 2013, Germany has been admitting 20,000 Syrian refugees who are in special need of protection on this basis and in the framework of a humanitarian settlement programme. In the past, 2,501 Iraqi refugees from Syria and Jordan for example were also admitted to Germany in 2009 and In close cooperation with the United Nations High Commissioner for Refugees (UNHCR) and on the basis of this provision Germany has since 2012 admitted another 300 refugees per year who are in special need of protection in the framework of refugee resettlement.

127 5 FOREIGNERS RIGHT OF RESIDENCE IN GERMANY 127 Entitlement to subsequent immigration by family members The spouses of persons granted asylum status and the spouses of recognized refugees are entitled to subsequent immigration under facilitated conditions; in such cases the requirements of furnishing proof of sufficient living space, adequate means of subsistence and basic German language skills may be waived (Section 29 (2) Residence Act). Children of Convention refugees and of persons granted asylum status are entitled to subsequent immigration up to their 18th birthday (Section 32 (1) and (2) Residence Act). Further, parents of minors who are entitled to asylum or recognized as refugees shall be entitled to subsequent immigration if there is not yet another custodial parent in the federal territory (Section 36 (1) Residence Act). In all other cases where foreigners are staying in Germany on humanitarian grounds, the right to subsequent immigration of their dependants is governed by Section 29 (3) first sentence Residence Act. The subsequent immigration of dependants is authorized only for reasons of international law or humanitarian reasons or to safeguard political interests of the Federal Republic of Germany. As a matter of principle, subsequent immigration of family members is not allowed when the family member in Germany has only a temporary residence permit for urgent humanitarian reasons. The same applies to foreigners subject to enforceable orders to leave the country who have been granted a residence permit because their departure is impossible in law or in fact and the obstacles to departure cannot be expected to disappear in the foreseeable future (Section 29 (3) third sentence Residence Act). 5.5 Allocation of foreigners who have entered the country illegally The Immigration Act also introduced a provision according to which foreigners who have entered the country illegally, who do not submit an application for asylum and who cannot be deported immediately are to be allocated among the states (Section 15a of the Residence Act). This procedure is based on the provisions for allocating asylum applicants. It is intended to evenly distribute the financial burden among the states.

128 128 6 Acquiring German citizenship 6.1 General information For many immigrants who have long been legal residents of Germany, having German citizenship and being able to vote and participate fully in German society represents full integration. Immigrants can acquire German citizenship through naturalization, which thus often marks an important milestone in a longer process of integration. By law, their children acquire German citizenship at birth, in accordance with the principle of descent from a German parent. If such children acquire the citizenship of another country at birth, they are free to give it up. As of 1 January 2000, children born in Germany to non-german parents automatically acquire German citizenship at birth according to the principle of citizenship by place of birth (jus

129 6 ACQUIRING GERMAN CITIZENSHIP 129 soli) which went into effect on that date. The prerequisite is that at least one parent has lived legally in Germany for at least eight years and has the right of permanent residence. By the end of 2012, 460,200 children of non-german parents had acquired German citizenship in addition to that of their parents (see Table 6) in this way. However, in such cases the child must choose between German citizenship and the citizenship of his/her parents before reaching the age of legal majority. If the child chooses German citizenship, he or she must give up his or her foreign citizenship, unless it is impossible or unreasonable to do so. If the child chooses the foreign citizenship, by law he/she loses his/her German citizenship. The child must make this choice before his or her 23rd birthday. Children naturalized under the transitional provision in Section 40b of the Nationality Act (StAG) are also required to make this choice; under this provision, which expired on 31 December 2000, children up to the age of 10 who were born before 1 January 2000 and who would have fulfilled the conditions of jus soli at birth under Section 4 (3), first sentence of the Nationality Act, are also to be naturalized upon application. 6.2 Naturalization procedures The general conditions for naturalization given in the Nationality Act apply to immigrants who wish to become naturalized citizens: Immigrants are eligible for naturalization after having lived legally in Germany for eight years (Section 10 (1) Nationality Act), if they have permanent residence status recognized for the purpose of naturalization and declare their allegiance to the free and democratic order and that they neither pursue nor support any activities opposed to this order. Further, they must be able to support themselves and their family members and cannot have been convicted of a crime. Spouses and minor children may be naturalized at the same time, even if they have resided in the federal territory for less than eight years (Section 10 (2) Nationality Act). Becoming a naturalized German citizen also requires renouncing one s previous citizenship. However, legislation expressly provides for legal exceptions. This requirement is waived if the foreigner is unable to give up his or her previous citizenship, or can do so only under very difficult conditions (Section 12 (1) Nationality Act), for example, if the law of the foreigner s country of origin does not allow for releasing its nationals from their citizenship (Section 12 (1) no. 1 Nationality Act), or if the country of origin regularly refuses to release its nationals from their citizenship (Section 12 (1) no. 2 Nationality Act). Refugees and victims of political persecution are usually not required to apply to their countries of origin in order to give

130 130 up their citizenship. In addition, since 28 August 2007 nationals of other Member States of the European Union and of Switzerland are generally exempt from having to renounce their previous citizenship in accordance with Section 12 (2) Nationality Act. Naturalization does require sufficient knowledge of the German language. Immigrants who successfully complete an integration course are eligible for naturalization after only seven years of legal residence, and completion of the course serves as proof of having attained the necessary level of language proficiency. Immigrants demonstrating evidence of exceptional integration achieved, in particular evidence of language proficiency exceeding the required level B1 in the Common European Framework of Reference for Languages, may be eligible for naturalization after only six years of legal residence. Since 1 September 2008, applicants for naturalization must also pass a naturalization test intended to demonstrate that they have sufficient knowledge of the legal system, society and living conditions in Germany (Section 10 (5) Nationality Act). A special clause prevents extremist foreigners from becoming naturalized German citizens. For example, the naturalization authorities regularly check with the authorities for the protection of the constitution to find out whether an applicant for naturalization has any record of anti-constitutional activities.

131 6 ACQUIRING GERMAN CITIZENSHIP 131 Further, foreigners who are legal residents of Germany may become naturalized citizens at the discretion of the responsible authorities (Section 8 Nationality Act). As a rule, spouses and domestic partners of Germans (Section 9 Nationality Act) may become naturalized citizens after three years residence in Germany and at least two years of marriage or domestic partnership. Former German nationals living abroad and their minor children may be naturalized (Section 13 Nationality Act) as, under exceptional circumstances, may foreigners living abroad (Section 14 Nationality Act). A German citizen who (re-)acquires a foreign citizenship will lose his or her German citizenship (Section 25 (1) Nationality Act), unless the responsible authority has granted permission to retain German citizenship before foreign citizenship is acquired (Section 25 (2) Nationality Act). Since the Act to Implement Residence- and Asylum-Related Directives of the European Union entered into force on 28 August 2007, a German who acquires the citizenship of another EU Member State, of Switzerland or of a country with which the Federal Republic of Germany has signed a treaty under Section 12 (3) of the Nationality Act will no longer lose his or her German citizenship. The Federal Republic of Germany has not yet signed any treaties of this kind with countries outside the EU, however. 6.3 Naturalization since the reform of law on nationality The Act amending the Nationality Law of 15 July 1999 entered into force on 1 January From that date until the end of 2013 roughly 1,766,000 foreigners took advantage of their right to become naturalized German citizens. In the year 2000 alone, 186,688 persons became naturalized citizens, The strong growth of 30.3% that year on the previous year was due in particular to measures introduced by the reform, such as the reduction of the minimum residency to eight years and easier conditions for persons granted asylum status. In subsequent years, the number of newly naturalized citizens gradually subsided until 2008, stabilizing in 2013 at 112,353 (see Table 18).

132 132 Table 18: Naturalized citizens in Germany, 2000 to 2013 Year No , , , , , , , , , , , , , ,353 Total 1,765,814 Source: Federal Statistical Office as at 31 December each year 6.4 European Convention of 6 November 1997 At the international level, Germany has declared its willingness to uphold European standards in the area of nationality law by signing and ratifying the European Convention on Nationality of 6 November The necessary ratifying legislation entered into force on 19 May The Convention is intended to harmonize European nationality law.

133 7 ETHNIC GERMAN RESETTLERS Ethnic German resettlers 7.1 Introduction A special group of immigrants to Germany is that of ethnic Germans, i.e. persons of German ancestry from Eastern and South-Eastern Europe and the former Soviet Union who suffered in the aftermath of World War II. They faced persecution and serious discrimination in these areas for decades after the war s end because of their German ethnic origin. Solidarity with this group of people is anchored in Article 116 (1) of Germany s constitution, the Basic Law. According to this article, a German is someone who was allowed to enter Germany as a refugee or expellee of German ethnic origin or as the spouse or descendant of such a person. This provision was given more concrete form by the Federal Expellees Act of 19 May 1953 (BVFG) which, unlike residence law, is not a tool for managing immigration but rather for dealing with the consequences of war. When the Federal Expellees Act was passed, the situation was still marked by the immediate aftermath of World War II and an enormous flood of refugees. These refugees, who had to leave their homes in the former territory of the Reich east of the Oder and Neisse rivers and in Eastern and Southern Europe immediately after the war, have long been integrated. As the years passed, the focus shifted to another group of people: increasing numbers of ethnic Germans from Eastern Europe and, starting in 1993, from the former Soviet Union, who suffered special hardships due to their German ethnicity and thus had decided to leave their home countries. These numbers jumped in the mid-1980s due to increasing democratization which made it easier for Eastern Europeans to emigrate. The Resettler Admission Act of 28 June 1990 therefore introduced a formal procedure for admitting these immigrants. The numbers of arriving ethnic German resettlers have fallen steadily since the mid-1990s; 2006 was the first year in which fewer than 10,000 ethnic German resettlers or their family members entered Germany. This trend can be attributed to the declining importance of classic motives for emigration, such as the desire for family reunification, and to the improved situation of the German minorities in their home regions as well as to repeated changes in the legal framework conditions over time.

134 Admission procedure Since the Act on the Admission of Ethnic German Resettlers of 28 June 1990 (Federal Law Gazette I p. 1247) entered into force on 1 July 1990, immigration under the law concerning expellees is possible only if persons wishing to immigrate apply to the Federal Office of Administration (BVA) before leaving their home country, and the Federal Office determines that the necessary conditions for admission have been fulfilled and issues a notice of admission. After such persons arrive in Germany, their legal status is determined as part of the process of being granted citizenship. Only in exceptional cases is it possible for persons to be issued an admission notice after they have left their home country and arrived in the federal territory. Under Section 27 (1), second sentence, of the Federal Expellees Act the admission notice may be issued after the fact in cases of special hardship, if the remaining conditions are fulfilled. Special hardship is defined as a case in which, due to special circumstances, it would be unreasonable to expect a person to remain in his/her home country while awaiting the decision. The Federal Act for the Settlement of Consequences of War (KfbG) of 21 December 1992 (Federal Law Gazette I p. 2094) overhauled the conditions for admission in the Federal Expellees Act: The admission of ethnic German resettlers from the earlier wave of immigration under Section 1 (2) no. 3 of the Federal Expellees Act (Aussiedler) was completed and replaced by the admission of the later wave of ethnic German resettlers (Spätaussiedler) under the new Section 4 of that Act; at the same time, admission under law concerning expellees was gradually phased out. Under

135 7 ETHNIC GERMAN RESETTLERS 135 Section 4 (1) no. 3 of the Act, no one born after 31 December 1992 can be considered an ethnic German resettlers. Persons born before this cut-off date may be ethnic German resettlers if Q Q they left the regions listed in the Federal Expellees Act after 31 December 1992 within the framework of the admission procedure and established permanent residence in the federal territory within six months; QQ they suffered discrimination as a result of World War II; QQ they are of ethnic German origin; and Q Q do not personally satisfy any of the grounds for exclusion under Section 5 of the Federal Expellees Act. In the case of applicants from the territory of the former Soviet Union, discrimination as a result of World War II is assumed by law (see Section 4 (1) Federal Expellees Act). By contrast, applicants from other regions (mainly East European countries) must present plausible evidence of discrimination on or after 31 December 1992 based on their German ethnicity or the continued impact of earlier discrimination (see Section 4 (2) Federal Expellees Act). Since the entry into force of the 7th Act to Amend the Federal Expellees Act (7. BVFGÄndG) of 16 May 2007 (Federal Law Gazette I p. 748), this also applies to persons from Estonia, Latvia and Lithuania; the new law thus takes into account the fact that these countries joined the European Union on 1 May Section 6 of the Federal Expellees Act addresses the question of whether a person is of ethnic German origin. In its version following the Act on the Status of Spätaussiedler (SpStatG) of 30 August 2001 (Federal Law Gazette I p. 2266), the Federal Expellees Act distinguishes between persons born on or before 31 December 1923 and those born thereafter. Section 6 (1) of the Act applies to the former: They are considered ethnic Germans if in their home country they have identified with the German ethnic community as confirmed by certain indications, such as heritage, (German) language, upbringing and culture. Section 6 (2) of the Federal Expellees Act applies to those born after 31 December 1923: They may be admitted as ethnic Germans if they are descended from a German citizen or ethnic German and have have demonstrated an exclusive identification with the German ethnic community typically in the form of a declaration of nationality or in another form or were defined by the law of their home country as belonging to the German ethnic group. Identi-

136 136 fication with the German ethnic community may, for example, be demonstrated in another form by sufficient command of the German language corresponding to Level B1 of the Common European Framework of Reference for Languages or by proving that they learned the German language at home. Such identification with the German ethnic community must be confirmed by the applicant s ability at the time of the authorities decision on the admission application or, in cases covered by Section 27 (2) of the Federal Expellees Act at the time of establishment of permanent residence in the area of application of this Act, to conduct at least a simple conversation in German; applicants with a physical, mental or psychological illness or disability as defined in Section 2 (1), first sentence, of the Social Code, Book IX, are exempt from this requirement. A person is assumed to have identified with the German ethnic community and traditional German culture if failure to submit the corresponding declaration is justified by the fact that this person would otherwise have faced a danger to life or limb or serious disadvantages in his/her professional career or economic life, and if at the same time and in view of the overall circumstances it would be unreasonable to doubt his/her will to belong to no other than the German ethnic community. No admission notice can be issued if there are grounds for exclusion under Section 5 of the Federal Expellees Act. According to this provision, no one may be granted the legal status of ethnic German resettlers who has not faced discrimination as a result of World War II or who does not deserve such status for having done the following in his/her home country: significantly aided the cause of National Socialism or another dictatorship, or acted in violation of the principles of humanity and the rule of law, or seriously misused his/her position to his/her own advantage or to the disadvantage of others, left his/her home country due to pending prosecution of a criminal offence, or in his/her home country held a position that was important generally or in the specific case for maintaining communist rule, or lived in a household for at least three years with a person who held such a position. The 7th Act to Amend the Federal Expellees Act expanded the grounds for exclusion, which now cover in particular persons who have committed serious violations of the law, according to the standards of German criminal law, and violent extremists, terrorists or terrorist supporters. In order to determine whether applicants fulfil these new grounds for exclusion, the Federal Office of Administration is required to involve the Federal Intelligence Service, the Federal Office for the Protection of the Constitution, the Military Counterintelligence Service, the Federal Police, the Federal Criminal Police Office and the Central Office of the German Customs Investigation Service when processing admission applications.

137 7 ETHNIC GERMAN RESETTLERS Spouses and descendants who are not ethnic Germans If applicants meet all requirements for admission, they are issued a notice of admission. Upon request, the admission notice may also be extended to cover their spouses and descendants if the conditions listed in Section 27 (2) of the Federal Expellees Act for the purpose of joint emigration are fulfilled. The Act does not limit the number of generations within the nuclear family, so grandchildren may also be included. The Immigration Act of 30 July 2004 (Federal Law Gazette I p. 1950), which entered into force on 1 January 2005, revised the requirements for the admission of spouses and other descendants listed in Section 27 (1) second sentence of the Federal Expellees Act. Since then, an admission notice may be extended to cover such family members only at the principal applicant s explicit request. The admission notice may be extended only to such persons who do not fulfil any of the grounds for exclusion in Section 5 of the Federal Expellees Act. In addition, spouses have to have been married to the principal applicant for at least three years, and spouses and descendants must demonstrate basic knowledge of German, the equivalent of level A1 in the Common European Framework of Reference for Languages. This level of proficiency may be demonstrated by presenting the Goethe Institute s Start Deutsch 1 language certificate or by taking a language proficiency test as part of an interview at a German diplomatic mission abroad. They may repeat this language proficiency test as often as they like. 7.4 Visa procedures When they enter Germany, holders of admission notices and their accompanying spouses and descendants are usually not yet German citizens. Their entry is therefore subject to the general requirements of residence law. In particular, according to Section 4 (1), first sentence, of the Residence Act, they must be issued a residence title before entering Germany. Persons entering Germany to have their legal status determined as part of the process of being granted citizenship have no special grounds on which to claim entry; under Section 7 (1), third sentence, of the Residence Act, however, in justified cases a residence permit may also be issued for a purpose of residence not covered by this Act. This option is used for holders of

138 138 admission notices and their accompanying family members if they fulfil the general requirements for issuing such a permit. 7.5 Entry of additional family members under residence law Spouses and descendants of applicants for ethnic German resettlers status who do not meet the requirements for inclusion, as well as additional family members (e.g. applicant s stepchildren and sons- and daughters-in-law) may enter Germany with or after the principal applicant only according to the terms of foreigners law governing subsequent immigration of family members or to the general provisions of foreigners law. 7.6 Allocation procedure After arriving in Germany, applicants and their accompanying family members are allocated among the German states (Länder) by the Federal Office of Administration in accordance with Section 8 of the Federal Expellees Act and according to a legally defined quota. Until 31 December 2009, according to Section 2 (1) of the Act on the Assignment of a Place of Residence, the federal states were then authorized to assign them a temporary place of residence if they were unable to prove that they had a job or other source of income sufficient to support themselves. These persons received social assistance or subsistence benefits under Book II of the Social Code (SGB II: Basic security for job-seekers) only in their assigned place of residence. Anyone who moved away without permission received only that aid at their new residence which under the circumstances was absolutely necessary according to Book XII of the Social Code (SGB XII: Social assistance). Such aid was limited mainly to assuming the costs of food and travel to return to the assigned place of residence. Assignment to a place of residence was limited to a maximum of three years. In view of this major infringement on the freedom of movement of those affected, the Act on the Assignment of a Place of Residence was initially set to expire on 31 December After an evaluation, the Act was not renewed and expired on 31 December Since then, the Federal Office of Administration has continued to allocate ethnic German resettlers and

139 7 ETHNIC GERMAN RESETTLERS 139 their family members among the states, but choosing to live other than where that office or a state assigns them does not affect any benefits granted under the Social Code. This applies both to resettlers and family members who arrived before the Act expired and to those who arrived afterwards. Since 31 December 2009, all may choose their place of residence without any consequences under the Social Code. However, the federal states may still assign the place of residence based on state regulations. The state of Hesse is the only one to have used this option so far, but it is not connected to any restrictions on social assistance benefits. 7.7 Legal status Under Section 4 (3), first sentence, of the Federal Expellees Act, upon admission and establishment of a permanent residence in the federal territory, ethnic German resettlers are given the legal status of Germans without German citizenship as referred to in Article 116 (1) of the Basic Law. Spouses and descendants acquire this status in accordance with Section 4 (3), second sentence, of the Federal Expellees Act upon their admission in the federal territory, but not before their spouse/parent/grandparent who is an ethnic German resettler. 7.8 Certification process Persons whose legal status as ethnic German resettlers (Section 15 (1) Federal Expellees Act) or the spouse or descendant of an ethnic German resettler (Section 15 (2) Federal Expellees Act) has been recognized are issued a certificate to this effect. This certificate is legally binding for all authorities and agencies extending rights and privileges to ethnic German resettlers and their spouses and descendants. Since 1 January 2005, the Federal Office of Administration (BVA) is responsible for decisions on issuing these certificates; before that, it was the responsibility of the relevant authorities at state (Land) level. In addition, the certification process is now conducted automatically in every case and no longer only on request. The certification process checks one last time to make sure that all conditions for recognizing ethnic German resettler status or the status of a spouse or descendant of an ethnic German resettler have been met. However, applicants for this status do not need to repeat the language test (Section 15 (1) second sentence Federal Expellees Act).

140 140 If a certificate cannot be issued, then the applicant has not acquired the legal status defined in Article 116 (1) of the Basic Law and his/her further residence in Germany will be governed by the provisions of residence law. 7.9 Acquisition of citizenship Following the reform of nationality law, since 1 August 1999 ethnic German resettlers and their spouses and descendants included in the admission notice are automatically granted German citizenship when they are issued a resettlers certificate in accordance with Section 15 (1) or (2) of the Federal Expellees Act (see also Section 7 Nationality Act). This replaced the naturalization procedure required prior to that date (see Section 6 of the Act to Regulate Nationality Matters, old version). Those eligible for naturalization up to that time were granted German citizenship on 1 August 1999 by the force of law (see Section 40a Nationality Act). Spouses and descendants of ethnic German resettlers who do not fulfil the conditions for inclusion, as well as other family members (e.g. sons- or daughters-in-law of ethnic German resettlers) retain the status of foreigners. However, they may obtain German citizenship through the naturalization process if they fulfil the necessary conditions according to Sections 8 ff. of the Nationality Act, including sufficient German language proficiency and in most cases renunciation of the previous citizenship.

141 8 JEWISH IMMIGRATION Jewish immigration Since January 1991, Germany has admitted Jewish emigrants and their families from the former Soviet Union, mainly to preserve and strengthen the viability of Jewish congregations in Germany. In the early years of Jewish immigration, protection from anti-semitic repression in emigrants countries of origin also played a role. The Jewish community in Germany is the third-largest in Europe, with well over 100 congregations having a total membership of more than 100,000, or about four times as many as in 1988 (27,000). Nearly 90% of the community are Jewish emigrants from the former Soviet Union. The rebirth and growth of Jewish life is also a sign of trust in Germany. Jewish immigration from the former Soviet Union can therefore rightly be described as a success story. By choosing to come here, Jews from the former Soviet Union have given Germany a second chance to be a home to rich and visible religious and cultural Jewish life. In handling the reception of emigrants, the Jewish congregations, the Central Council of Jews in Germany and the Central Board of Jewish Welfare in Germany (reg d. society) have done a great deal on behalf of integration. For this group of immigrants in particular, being received into a Jewish congregation is not only the explicit aim of the programme, but an aspect of successful integration. History of the admission procedure Until the end of 2004, Jewish immigrants from the former Soviet Union were admitted on the basis of a resolution by the German chancellor and the minister-presidents of the German states (Länder) on 9 January This resolution specified that immigrants were to be admitted in accordance with the Act on Measures in Aid of Refugees Admitted under Humanitarian Relief Programmes (HumHAG, also known as the Act on Quota Refugees) on a case-by-case basis with no restrictions as to quantity or duration, at a manageable level for the federal and state governments. The admission of Jewish immigrants from the Baltic states (Latvia, Lithuania and Estonia) was discontinued when those countries joined the European Union on 1 May Since that date, Jewish citizens of those countries may reside in Germany under European and national law allowing freedom of movement (see also Chapter 4).

142 142 With its resolutions of December 2004, June 2005 and November , the Standing Conference of Interior Ministers (IMK) of the German states put the admission procedures on a new legal footing with federal approval and in consultation with the Central Council of Jews in Germany and Union for Progressive Judaism in Germany (reg d society). This new footing took into account the need to orient the admission procedures more strongly on the integration needs of the Jewish community and congregations. Legal basis for the new admission procedures The IMK decisions provide for transferring the responsibility for admission to the federal level. The necessary legal changes to do so were created in Section 23 (2) and Section 75 no. 8 of the Residence Act and entered into force on 24 May According to these provisions, the Federal Ministry of the Interior, to pursue special policy interests of the Federal Republic of Germany and in cooperation with the highest authorities at state level, may order the Federal Office for Migration and Refugees (BAMF) to admit foreigners from certain countries or certain groups of foreigners. Since then, the Federal Office for Migration and Refugees has performed this task on the basis of an order by the Federal Ministry of the Interior. 9 These resolutions are public and may be accessed on the Internet at the website of the Standing Conference.

143 8 JEWISH IMMIGRATION 143 Requirements for admission Persons who, according to public vital records issued before 1990, are either of Jewish nationality or have at least one Jewish parent, are eligible for admission. They must be nationals of a successor state to the former Soviet Union (except the Baltic states) or stateless since 1 January 2005 and residing within a successor state to the former Soviet Union. They must be citizens of successor states to the former Soviet Union (except the Baltic states). The applicant s family members (spouse and minor unmarried children) who live in the applicant s household may be included in the application. Applicants who have already emigrated to another country (e.g. Israel, the U.S.), cannot be admitted to Germany under the terms of Jewish immigration to Germany. The following conditions must also be fulfilled: 1. Applicants must be able to support themselves in future, in order to avoid long-term reliance on social assistance. To determine this, an integration forecast is produced for each applicant which also takes the family situation into account. The forecast assesses criteria such as occupational qualifications, work experience and German language proficiency, as well as age, work on behalf of a Jewish organization, a job offer in Germany and relatives already living in Germany. 2. Applicants must demonstrate basic knowledge of German (equivalent of level A1 in the Common European Framework of Reference for Languages (CEFR)). 3. Applicants must be able to join a Jewish congregation in Germany. To determine whether this is the case, the Federal Office for Migration and Refugees requests an opinion from the Central Board of Jewish Welfare in Germany (ZWST) with input from the Union for Progressive Judaism in Germany (UPJ). Victims of National Socialism are not required to demonstrate German language skills or the ability to support themselves (integration forecast). Persons born before 1 January 1945 are assumed to have been victims of National Socialism unless proven otherwise. Spouses and children aged 14 and over who are included in the application must also demonstrate basic German proficiency (CEFR level A1). In case of hardship the language requirement may be waived. Spouses must have been married for at least three years at the time of application.

144 144 The admission process Persons interested in moving to Germany as Jewish immigrants may consult the German diplomatic mission responsible for their area and submit an application there. Once the application is complete, including all supporting documents, it is forwarded to the Federal Office for Migration and Refugees in Nuremberg, where the application and supporting documents are checked and the integration forecast is produced. The Federal Office also consults the Central Board of Jewish Welfare in Germany. When allocating Jewish immigrants among the states, immigrants preferences and chances of integration are largely taken into account. If all the requirements are fulfilled, the Federal Office for Migration and Refugees issues a notice of admission indicating to whom the notice applies, to which state the immigrants are to be allocated and which type of residence title is to be issued by the foreigners authority. The admission notice is sent by the German diplomatic mission abroad and is valid for one year from the date of issue. Based on the admission notice, the diplomatic mission issues a visa to enter Germany. Admission to Germany: Residence titles, housing, benefits; German citizenship All matters related to admission to Germany (issuing of residence titles, housing, etc.) are the responsibility of the states. After Jewish immigrants enter Germany, the responsible foreigners authority issues them a permanent settlement permit; accompanying, non-jewish family members are issued a residence permit initially valid for one year (Section 23 (2) Residence Act). Holders of either residence permit are entitled to take up employment. If Jewish immigrants are unable to support themselves, they may receive benefits under Book II (unemployment benefit II) and Book XII (social assistance, basic security) of the Social Code. Jewish immigrants are entitled to unemployment benefit I only if they have worked in Germany and paid contributions to the statutory unemployment insurance. They are entitled to a pension only if they were gainfully employed or self-employed in Germany and paid contributions to the statutory pension insurance. Jewish immigrants may become naturalized German citizens under the same law that applies to all non-germans, as a rule after eight years. Integration measures for Jewish immigrants Requiring evidence of basic knowledge of German (CEFR level A1) means that the integration process for Jewish immigrants and their family members starts already well before they leave for Germany. The idea is that basic language proficiency will make it easier for them to get started in Germany. Like other immigrants (ethnic German resettlers, persons granted asylum

145 8 JEWISH IMMIGRATION 145 status and other foreigners), Jewish immigrants and their families may also take advantage of integration measures offered by the government (see Section 44 (1) no. 2 of the Residence Act), including in particular language training and orientation courses which provide some basic information on Germany s legal system, culture and history. These courses are funded by the Federal Government. Jewish immigrants may also use the migration advising services for adult immigrants (see also Section 2.3.3). They can also take advantage of integration resources provided by the states and training offered by state employment agencies and the Otto Benecke Foundation. Statistics By the end of 2013, 214,455 Jewish immigrants and their families from the former Soviet Union had been admitted to Germany. From 1995 to 2003, the number of immigrants entering ranged between 15,000 and 20,000 each year. Since then, the number has fallen off significantly. The drop since 2005 can be attributed to new legislation governing Jewish immigration and to improved conditions in the countries of origin. Most Jewish immigrants and their family members are from Ukraine and the Russian Federation. More than one-fifth of Jewish immigrants were over age 65 when they moved to Germany; another fifth were between 50 and 65 years of age. About 42% were younger than 40 when they immigrated to Germany.

146 146 Table 19: admitting Jewish immigrants from the former Soviet Union and their family members As at No. of arrivals per year Total Before 1993* 8,535 8, ,597 25, ,811 33, ,184 49, ,959 65, ,437 84, , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,455 *Entered prior to or independently of the regular admission procedures. Source: Federal Office of Administration, Federal Office for Migration and Refugees

147 9 ASYLUM, PROTECTION OF REFUGEES AND SUBSIDIARY PROTECTION Asylum, protection of refugees and subsidiary protection 9.1 Foundations of asylum law Persons persecuted on political grounds shall have the right of asylum, according to the constitution of the Federal Republic of Germany, the 1949 Basic Law. Protection for refugees thus has a special priority in Germany, where, unlike many other countries, the right of asylum is not only anchored in the 1951 Geneva Convention Relating to the Status of Refugees; it is also enshrined in the constitution (Article 16a of the Basic Law) as a basic right to be extended to foreigners in need of protection. This right can be restricted or suspended only by constitutional amendment, and an individual may sue in court for this right. From 1984 to 1992, there was an enormous increase in the number of people seeking asylum in Germany, with a record 440,000 applications submitted in To deal with these developments, in 1993 four political parties the CDU, CSU, SPD and FDP agreed to a comprehensive reform of asylum law, known as the compromise on asylum. Part of this compromise was to create Article 16a of the Basic Law in its present form. Along with fulfilling its obligations under EU law and international law, Germany guarantees the right of asylum as a basic right. The great significance the right of asylum has in Germany is above all due to the painful experience during the Nazi regime, when many Germans faced persecution at home and were dependent on protection offered by other countries. This led to a strong desire for a free and democratic Germany to assume special responsibility for those seeking protection and refuge from political persecution. 9.2 Prerequisites Political persecution is not defined in the Basic Law; instead, this key concept has been defined in decisions of the Federal Constitutional Court and the administrative courts, drawing

148 148 on the Geneva Convention s definition of the term refugee. According to this definition, victims of political persecution are not only those who are persecuted in their home country due to their political beliefs. Rather, the right of asylum is based on the conviction that, out of respect for the inviolability of human dignity, no state has the right to harm or endanger the life, health or personal freedom of an individual for reasons of political opinion, religion or characteristics inherent to his or her unique identity. However, not every action by the state that has a negative effect even if directed at one of the personal characteristics just mentioned also constitutes political persecution justifying asylum. The action must both constitute an intentional violation of individual rights and be of sufficient intensity to cut the individual off from the larger community. Such actions must also be serious enough to violate human dignity in excess of that generally faced by other residents of the same country. A situation of general need, such as poverty, civil war, natural disaster or lack of future prospects, therefore does not constitute grounds for asylum. In most cases, political persecution is the result of actions by the state or actions for which the state is ultimately responsible. Quasi-state structures that have supplanted the state, or to which the state has surrendered the field, are considered equivalent to a state (quasi-state persecution). Asylum may be granted also if the state is not willing to offer protection against persecution even though it could (indirect state persecution). 9.3 Persons excluded from asylum or refugee protection The right of asylum protects people in hopeless situations not because of their commitment to certain political ideals, such as democracy or respect for human rights, but above all because of the general obligation to respect the inviolability of human dignity as acknowledged in the Basic Law. This means that victims of political persecution who represent ideals in conflict with our free and democratic order may also be entitled to the right of asylum. However, past decisions by the Federal Constitutional Court have determined that there are limits to the state s obligation to provide protection, for example if an asylum seeker is a terrorist or war criminal. Although the right of asylum offers protection and refuge from persecution, it is not intended to provide new territory for terrorist activity or those who support it. For this reason, no one who is involved in or supports such activity in Germany or abroad is entitled

149 9 ASYLUM, PROTECTION OF REFUGEES AND SUBSIDIARY PROTECTION 149 to such protection. The right of asylum as written in the Basic Law is thus subject to restrictions with regard to terrorism. Nor is an asylum seeker entitled to asylum or refugee status if he or she constitutes a public menace or threat to national security because he or she has committed serious crimes and has been sentenced to at least three years in prison. The same applies if there are serious grounds to believe that he or she has committed a crime against peace, a war crime, a crime against humanity or a serious non-political crime outside Germany, or that he or she has acted in violation of the aims and principles of the United Nations. 9.4 Asylum procedure Foreigners claiming the right of asylum must submit their application for asylum in accordance with the procedures specified in the Asylum Procedure Act after it has been determined that Germany is responsible for processing the application under the Dublin Regulation 10. Using the nation-wide system for initial distribution known as EASY, asylum seekers are assigned to the initial reception centres of the individual German states (Länder), which are responsible for housing and looking after asylum applicants. The Federal Office for Migration and Refugees (BAMF; previously named the Federal Office for the Recognition of Foreign Refugees), which lies within the remit of the Federal Ministry of the Interior, is responsible for processing all asylum claims. With headquarters in Nuremberg and a branch office in each state, the BAMF is able to process claims as closely as possible to the reception centres, which are operated by the German states. The central element in the asylum process is the personal interview, usually conducted with the help of an interpreter. In the interview, the asylum applicant has a chance to present his or her reasons for fearing persecution. Although the BAMF has comprehensive information resources drawn from a variety of sources on the current situation in asylum seekers countries of origin, as a rule only the asylum applicant can provide the BAMF with details about the specific nature of the threat he or she faces. Because of the conditions under which they left their home country, asylum applicants are typically unable to provide concrete evidence 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person

150 150 of persecution, and the BAMF does not require such evidence to recognize asylum claims. It is sufficient for an asylum applicant to make a plausible case for a threat of relevant persecution. However, asylum applicants are required to describe in full everything justifying their fear of political persecution or preventing them from being deported and to present all available documentation. Asylum seekers who entered Germany via a safe third country may not be granted asylum, because they were already safe from persecution in that country. Because the principles of the Dublin Regulation apply to all neighbouring countries of the Federal Republic of Germany (including Switzerland even though it is not an EU Member State), the safe-third-country rule rarely applies. However, if it is not possible to determine the safe third country or responsible neighbouring country through which the asylum seeker entered, the asylum process in Germany is resumed. In cases where these asylum applicants meet the legal conditions for recognition as refugees under the Geneva Convention or on other grounds they may be granted protection.

151 9 ASYLUM, PROTECTION OF REFUGEES AND SUBSIDIARY PROTECTION 151 If an asylum seeker attempts to enter Germany by air from a safe country of origin or without presenting a valid passport or passport substitute, his or her application for asylum may be processed within the airport transit area before he or she is allowed to enter the country. This is intended to prevent foreigners whose asylum applications have no chance of success from entering Germany. They may be returned without delay to their country of departure or origin on the basis of that country s readmission obligations. In this case, the asylum application must be processed within 19 days, including accelerated court proceedings. If this is not possible, then the foreigner must be allowed to enter the Federal Republic of Germany to await final processing of his or her asylum application. Most asylum seekers arriving by air land at Frankfurt Airport. For this reason, the BAMF has an office at the airport which is staffed around the clock. If an applicant is granted asylum or refugee status under the Geneva Convention on refugees, he or she will initially be issued a residence permit valid for three years. This residence permit also contains a work permit. Because the right of asylum is intended to provide protection from current threats, recognition as a person granted asylum status or as a refugee under the Geneva Convention does not constitute a lifetime status. If the grounds for recognition no longer exist because a change of government in the country of origin has caused political persecution to cease, for example then recognition must be revoked. But revoking asylum or refugee status does not automatically result in a loss of the right to residence, because the person in question may have become entitled to the right of residence for other reasons in the meantime. The BAMF is obligated to determine after a maximum of three years whether recognition status should be revoked. If not, and if the person in question has had a residence permit for three years, he or she may apply for a permanent settlement permit. Rejected claims to asylum may be appealed in administrative court; no preliminary proceedings are conducted. Persons whose applications for asylum have been rejected are required to leave the country. If they refuse to leave, they may be deported, i.e. removed from the country by force, if no deportation bans apply. Carrying out deportations is the responsibility of the foreigners authorities of the states, which must abide by all decisions of the BAMF and the administrative courts pertaining to asylum procedures.

152 Subsidiary protection and deportation bans related to the country of destination Even if the necessary conditions for granting asylum or refugee status under the Geneva Convention on refugees are not met, humanitarian considerations may prevent a foreigner from being deported, even though he or she has no right of residence. Subsidiary protection is to be granted when the conditions of Directive 2011/95/EC are met: 11 this includes in particular protection against torture or inhumane or degrading treatment or punishment, protection against capital punishment and protection against threats from war or civil war in the country of origin. A foreigner is to be granted subsidiary protection also if he/she would otherwise face a serious and individual threat to life or person in situations of international or internal armed conflict. For this to be the case, according to decisions of the Federal Administrative Court, the situation in the foreigner s region of origin must be characterized by such a high degree of arbitrary violence that practically any civilian there would face a serious individual threat, or at least that the person in question, as a civilian, would be individually threatened due to personal circumstances leading to a higher level of danger. Even if the conditions for granting subsidiary protection are not met or if the foreigner fulfils one of the grounds for exclusion (e.g. serious crimes), the foreigners authorities must determine whether a deportation ban applies. This is the case if, for example, the foreigner faces the concrete threat of capital punishment, torture or other cruel or degrading treatment in the country of destination. In such cases of deportation bans related to the country of destination the BAMF may decide that a deportation ban applies to that country. The same applies if the foreigner would face a significant, specific threat to his or her life, health or freedom in the country to which he or she is to be deported. Temporary residence permits may be issued for as long as the grounds for the deportation ban remain valid. However, no one who has committed a serious violation of the obligation to cooperate or who poses a serious threat may be issued a residence permit. 11 Directive 2011/95/EU of the European Parliament and the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted

153 9 ASYLUM, PROTECTION OF REFUGEES AND SUBSIDIARY PROTECTION 153 An important restriction regarding deportation bans related to the country of destination applies to general threats, that is, threats in the country of origin which apply to the population in general or the population group to which the foreigner belongs. In this case, no protection is granted under Section 60 (7) first sentence of the Residence Act; the only option is to grant a temporary suspension of deportation under Section 60a of the Residence Act (see also Section 10.4 below). When an asylum claim is processed, the Federal Office for Migration and Refugees is also responsible for examining whether a deportation ban related to the country of destination applies. However, this examination is done only if the foreigner has not yet been granted asylum, refugee status or subsidiary protection. If a person who is to be deported has not applied for asylum, the foreigners authorities must determine whether a deportation ban related to the country of destination applies (see also Section 10.4 below). In such cases, the responsible foreigners authority must involve the Federal Office in the decision (Section 72 (2) of the Residence Act). In addition to deportation bans for reasons related to the country of destination, deportation bans may also be issued for reasons related to the situation here, for example (family) ties to persons in Germany which prohibit deportation regardless of the situation in the possible country of destination. Only the foreigners authorities determine whether such deportation bans are called for; the Federal Office for Migration and Refugees is not involved.

154 Current situation in Germany The number of first-time applications for asylum started dropping in the mid-1990s; in 2007, it reached its lowest level since 1983 with 19,164 first-time applications. The number of asylum applicants started rising again in Many foreigners who are not victims of political persecution still try to use the asylum process as an avenue to legal residence, work or social assistance benefits in Germany. For example, 13.5% of asylum applicants in 2013 were granted asylum or refugee status under the Geneva Convention and 11.4% were granted protection against deportation, but 38.5% of asylum applications were rejected. The remaining 36.7% of applications were otherwise resolved, for example by applying the Dublin procedure or discontinuing proceedings or by being withdrawn. In 2013, a total of 109,580 first-time applications for asylum were submitted in Germany. This represented an increase of 45,041 or 69.8% more applications than in the previous year (64,539). In 2013, the number of asylum applicants reached the highest level since In 2013 alone more asylum applicants came to Germany than in the period from 2006 to 2009 together, and this trend has continued ever since.

155 10 TERMINATION OF STAY Termination of stay 10.1 General information Foreigners are obliged to leave the country if they do not or no longer have the required residence permit (Section 50 (1) of the Residence Act). Furthermore, foreigners can be expelled on the basis of a specific order if and when certain requirements are met. If the foreigner in question fails to leave the country voluntarily, he or she will be removed by force (deportation). However, the Residence Act provides for a number of grounds for deportation bans, for example, if the foreigner in question would face capital punishment in his/her home country (Section 60 (3)) or if deportation is not permitted under the terms of the Convention for the Protection of Human Rights and Fundamental Freedoms (Section 60 (5)). Both expulsion and deportation lead to a ban on re-entering the country which may be limited to a certain length of time (Section 11 (1) third sentence Residence Act). Foreigners may avail themselves of court protection against expulsion and deportation.

156 Expulsion Expulsion is a measure to terminate residence. Expulsion is used to require a foreigner, who is legally resident in Germany but whose behaviour is detrimental to public safety and order or other substantial interests of the Federal Republic of Germany, to leave the country. Sections 53 et seqq. of the Residence Act provide the legal basis for expulsion. It is possible to distinguish between situations in which an expulsion is mandatory (Section 53 Residence Act), regular (Section 54 Residence Act) or discretionary (Section 55 Residence Act). For example, a foreigner must be expelled if he or she has been sentenced to at least three years in prison or youth custody, with no further possibility of appeal, on charges of intentionally committing a criminal offence (Section 53 no. 1 Residence Act). A foreigner should be expelled if he or she has been given a custodial sentence, which has not been suspended and with no further possibility of appeal, on charges of intentionally committing a criminal offence (Section 54 no. 1 Residence Act). According to Section 55 (1) of the Residence Act, a foreigner may be expelled if his or her stay is detrimental to public safety and order or other substantial interests of the Federal Republic of Germany. Section 55 (2) provides examples to illustrate the basic rule, such as if a foreigner violates the law or provides false or incomplete information in proceedings concerning foreigners law. Foreigners may also be expelled if they or members of their family or household claim social assistance benefits, or if they force or attempt to force another person into marriage. The law provides for special protection against expulsion for certain groups (Section 56 of the Residence Act). Members of such groups may be expelled only on serious grounds pertaining to public security and order. These are usually met when the requirements for mandatory expulsion under Section 53 of the Residence Act are fulfilled. Special protection reduces mandatory expulsion to regular expulsion ( must be expelled to should be expelled ), and regular expulsion to discretionary expulsion ( should be expelled to may be expelled ). For example, special protection against expulsion is accorded to foreigners who have a settlement permit and have lived legally in Germany for at least five years; foreigners entitled to asylum; foreigners granted refugee status under the Geneva Convention on refugees; and foreigners living with a German spouse, life partner or other family member. Special protection against expulsion is also accorded to foreigners who have a residence permit and who were

157 10 TERMINATION OF STAY 157 either born in Germany or entered the country as a minor and who have lived here legally for at least five years (Section 56 (1) Residence Act). In addition, Section 56 (2) of the Residence Act provides special protection from expulsion for minors whose parents or parent with legal custody are legal residents of Germany. In the case of minors who have a residence or settlement permit, regular expulsion is reduced to discretionary expulsion. Young people are excluded from special protection against expulsion, however, if they have been sentenced in a final judgement on charges of serial offences or offences of a particularly serious nature (Section 56 (2), third sentence, of the Residence Act). Under European Community law, EU citizens and their family members entitled to freedom of movement may be expelled only for reasons of public order, security or health. According to established rulings by the European Court of Justice, violations of public order must constitute a real and sufficiently serious threat affecting the basic interests of society (see also Chapter 11).

158 Deportation Foreigners may be deported (i.e. forcibly removed from the country) by the responsible state authorities only if the obligation to leave the country (for example based on a previous expulsion order) is enforceable, no grace period has been allowed for departure or a granted grace period has expired and if they cannot be relied on to leave the country voluntarily, or if it appears necessary for reasons of public security and order to supervise their departure (Section 58 of the Residence Act). The person concerned must be given written notice of deportation, including a deadline for leaving the country and the name of the country to which the person is to be deported (Section 59 of the Residence Act). In exceptional cases, the supreme state authority or the Federal Ministry of the Interior may issue a deportation order without a prior expulsion order to prevent a special threat to the security of the Federal Republic of Germany or a terrorist threat (see also Section 58a of the Residence Act). The authority s assessment must be based on reasonable suspicion. The deportation order is then immediately enforceable; no notice of intention to deport is necessary (see Section 58a (1), second sentence, of the Residence Act) Deportation bans A foreigner may not be deported to a country in which his or her life or liberty is threatened due to his or her race, religion, nationality, membership of a particular social group or political convictions (Section 60 (1) of the Residence Act). This shall also apply to persons who are entitled to asylum and to foreigners who have been incontestably granted refugee status or who enjoy the legal status of foreign refugees on other grounds in the federal territory or who have been granted foreign refugee status outside of the federal territory. The Federal Office for Migration and Refugees (BAMF) is responsible for determining whether refugee protection is to be granted. A foreigner may also not be deported if he or she was granted subsidiary protection or if a deportation ban related to the country of destination or an internal deportation ban applies.

159 10 TERMINATION OF STAY Temporary suspension of deportation The deportation of a foreigner is to be suspended for as long as deportation is impossible in fact or in law and no residence permit is granted (Section 60a of the Residence Act). If the obstacles to departure cannot be expected to disappear in the foreseeable future and the foreigner is prevented from leaving the country through no fault of his or her own, he or she may be issued a residence permit, including in derogation from Section 11 (1) Residence Act (Section 25 (5) Residence Act). Consequently, the residence permit should be issued if deportation has been suspended for 18 months Custody awaiting deportation Custody awaiting deportation is allowed in order to enable the preparation of expulsion (custody to prepare deportation) if a decision on expulsion cannot be reached immediately and deportation would be complicated substantially or frustrated without such detention; such detention is also allowed to ensure deportation (custody to secure deportation) for example if the foreigner in question has already evaded deportation or if there is reasonable suspicion that he/she intends to evade deportation (see Section 62 (2) of the Residence Act). Custody is permitted only if the purpose of detention cannot be achieved using another, milder means which is equally effective. Custody always requires a court order and is to be limited to the shortest possible duration. The authority responsible for filing a detention application may take a foreigner into temporary custody without a prior court order if there is urgent suspicion that custody to secure deportation is needed, a court order cannot be issued in advance and there is reason to believe that the foreigner may evade the authorities Statistics In 2013, a total of 10,197 persons required to leave the country were expelled (2012: 7,651), mainly Russians, Serbs, Kosovar Albanians, Macedonians or Turks. The main reason for expulsion is rejection of the asylum application in combination with refusal by the foreigner to leave the country voluntarily. Migrants with expired visas or without a residence permit are also expelled. In late 2013, about 132,000 persons were required to leave the country, including 95,000 whose deportation has been suspended. The following figure shows the annual number of deportations from 1995 to There was a downward trend between 2003 and 2012; since 2013, there has been a significant increase in deportations.

160 160 Figure 17: Deportations from Germany, 1995 to to ,000 30,000 20,000 10, Source: Federal Police Police

161 11 RETURN POLICY Return policy 11.1 Introduction Return policy includes the basic issues of voluntary returns, support for voluntary returns, deportation, readmission by their countries of origin of persons required to leave Germany and the promotion of their effective economic and social reintegration in their countries of origin. The aim is a coherent approach using integrated return management (advising, support, reintegration). Here, voluntary returns take precedence over deportation. The foreigners authorities of the states are responsible for implementing the measures provided by the law on foreigners to end unlawful residence and therefore also returns Voluntary return Support for voluntary returns Promoting voluntary returns has proved to be an effective tool of migration policy. For more than three decades, the federal and state governments have helped nearly 550,000 persons using the joint Reintegration and Emigration Programme for Asylum Seekers in Germany (REAG) and Government Assisted Repatriation Programme (GARP). These programmes are carried out by the International Organization for Migration (IOM). These humanitarian aid programmes are designed to offer asylum seekers and refugees without means whose applications either have been rejected or are still being processed an alternative to deportation by helping them to return voluntarily and permanently to their countries of origin or go to a third country prepared to take them in. The REAG programme pays all or part of the travel expenses for voluntary return by air, rail, bus, or car. In addition, the voluntary returnee receives a travel allowance to cover other expenses during travel to and within the country of origin. Persons from countries of origin regarded as particularly significant for migration policy are granted additional start-up assistance under the GARP programme. Currently, the amount of assistance ranges between 300 and 750 per adult depending on country of origin (children up to age 12 are eligible for half the amount) and is intended to help recipients become reintegrated in the first months after their arrival in their home country. Every year, the Federal

162 162 Ministry Figure 18: of the REAG/GARP Interior and support the states for voluntary agree on which returns countries from Germany should receive support under the GARP programme, taking into account current political trends and objectives. Figure 18: REAG/GARP support for voluntary returns from Germany 12,000 10,000 9,893 10,251 8,000 7,448 7,546 6,000 5,757 6,319 4,480 4,000 3,437 2,799 3,107 2, No. of persons leaving Germany Source: IOM Numerous states also offer supplementary programmes providing additional benefits, such as advising to prepare for return, help with starting a business in the country of origin or occupational training. Advising for returnees Advising for returnees helps prepare for the journey home and the reintegration process there. Advising deals with the modalities for departure, the possibility of support from the REAG/GARP and state programmes, and in particular prospects of returnees in their home countries. For example, important questions regarding the labour market, housing situation or medical services in the country of origin can be resolved ahead of time in order to prepare returnees for reintegration.

163 11 RETURN POLICY 163 In Germany, advising for returnees is often provided by non-governmental, religious and charitable organizations with support from the state and the European Return Fund; some districts or local governments also offer advising. The European Return Fund (see also Section 3.5) provided support for a variety of returnee advising projects in Germany between 2008 and 2013, especially those organized by religious and charitable organizations. Information Centre for Voluntary Return (ZIRF) To supplement and assist with the various return advising and return support programmes, the Information Centre for Voluntary Return (ZIRF) was set up at the Federal Office for Migration and Refugees. The ZIRF database offers information on support for returns in general and on existing funding and advising offered in Germany. It can be found in German on the Internet. With its ZIRF counselling, the Federal Office for Migration and Refugees also offers a series of country-specific information sheets and individual advising for prospective returnees on issues related to their home countries (such as the labour market, medical services and housing). The country-specific information sheets and information gained from individual enquiries are also published in the ZIRF database in anonymous form Reintegration at home Economic and social reintegration in returnees country of origin is becoming increasingly important. One aim is to work more closely with international partners in this key area. Advising for returnees helps them prepare already in Germany for reintegration in their countries of origin. Some advisory agencies have set up offices in countries of origin or established cooperation with local project partners to be able to help returnees after their arrival. These offices help returnees with every aspect of daily life, such as dealing with public administration and looking for work or housing. Because financial independence is one of the key factors in successful reintegration, help with finding work and with starting a business is especially important. Social reintegration is also very important, as it is a key component of many returnees life planning and can significantly increase their desire to stay in their country of origin. Many advisory agencies offer occupational training in Germany in cooperation with local companies which help returnees find work or start a business in their country of origin. One example is the joint federal state project URA 2 in Kosovo:

164 164 URA 2 project in Kosovo Since 2009, the Federal Government and the states of Baden-Württemberg, Mecklenburg- Western Pomerania, Lower Saxony, North Rhine-Westphalia, Saxony and Saxony-Anhalt have supported the URA 2 ( bridge in Albanian) project for returnees to Kosovo. This project offers concrete, practical local support for all returnees from the participating states, regardless of their ethnicity or the circumstances of their return, to help them become reintegrated in Kosovar society. The project offers social and psychological counselling as well as financial aid and grants, such as for basic home furnishings, rent or wages. In parallel, project staff help returnees find suitable housing or jobs. This project is the first that also provides assistance for deportees (Thuringia assists only voluntary returnees). In this way, they have an opportunity to become permanently reintegrated in their home country. These measures thus also

165 11 RETURN POLICY 165 indirectly help manage migration flows in the framework of the common European efforts to fight illegal migration. URA 2 is a pilot reintegration project for further cooperation in the future, especially in the field of development cooperation. The project also offers services especially tailored to children and young people, such as language courses and school supplies, to help them become oriented in their new environment as quickly as possible. As part of Franco-German cooperation on the reintegration of returnees, France has started using the structures of the German project to help voluntary returnees in Kosovo Forced return The foreigners authorities of the states are responsible for carrying out deportations. Deportation and readmission often run into problems of practical implementation, for example the inability to verify the identity of foreigners who destroy their passports or use falsified documents, which makes it difficult to obtain the travel documents required for return. Some countries of origin fail to cooperate and are often not willing to re-admit their nationals. For example, even if the nationality of a person has been established, they impede or delay issuing passport substitutes in response to official requests, sometimes by insisting on requirements that are almost impossible to fulfil (e.g. voluntary participation, high standards of evidence). The federal and state governments are working with countries of origin to improve their willingness to cooperate. In the process, they are concentrating on an ongoing dialogue and information-sharing. Good and trusting cooperation may then lead to bilateral readmission agreements at government level and/or other formal agreements at working level. The Federal Government has concluded readmission agreements with a number of countries over the past years which contain rules on implementing a country s obligation under international law to readmit its own nationals; they also include an obligation under certain conditions to readmit nationals of other countries and stateless persons or to allow their transit to their own country of origin. More than 30 readmission agreements have been concluded so far; in particular they cover procedures and measures for establishing nationality and issuing travel documents as well as details for conducting deportations. In addition, cooperation between the European Union Member States is assuming increasing importance for deportation, for example as EU readmission agreements are concluded. Since 1 December 2009, Article 79 (3) of the the Treaty on the Functioning of the European Union (TFEU) explicitly authorizes the Union to conclude readmission agreements (see also Chapter 3).

166 166

167 12 SECURITY Security 12.1 Political extremism, Islamism and crime Political extremism The term political extremism covers a broad range of political attitudes and activities which, despite their sometimes significant differences, all reject the democratic state based on the Constitution and its fundamental values and rules. Based on notions of homogeneity and authoritarianism, political extremism is marked in particular by its opposition to pluralist politics and society. With its anti-democratic attitudes and activities or its militant antidemocratic orientation, political extremism stands in complete opposition to the democratic state anchored in the Constitution and rests on the idea of a different state. Political extremism may be divided into three different types: left-wing extremism, right-wing extremism and extremism by foreigners. For the authorities responsible for protecting the Constitution, the working definition of political extremism covers all anti-constitutional activities regardless of their relevance for criminal prosecution. These authorities use the term extremist activities to define their core monitoring area Islamism It should be explicitly noted that Islam as a religion, including Muslims personal beliefs and religious practices, is protected under the basic right to freedom of religion guaranteed by Article 4 of the Basic Law as part of the liberal democratic order. One responsibility of the security authorities is to protect this freedom of religion for all citizens, including Muslims. This should be distinguished from Islamism, which especially in its terrorist form has become a major threat to Germany s internal security. Islamism is a heterogeneous political, mainly social revolutionary movement which is supported only by a minority of Muslims. Citing the original, 7th-century Islam, Islamists call for the restoration of an Islamic order, which in their view is the only legitimate form of government and society and should replace all other systems of government. Within this Islamic order, all areas of life are to be organized according to the Koran and the example of the Prophet and his early followers (Sunna).

168 168 Militant Islamists believe the use of force is legitimate to establish this Islamic order as they define it. They base this belief on the Koran s call to jihad (effort, inner struggle; also holy war ), which they, unlike other Muslims, interpret as a holy obligation to wage constant war on all enemies of Islam in Muslim and non-muslim countries. Despite their similar ideologies, the various Islamist organizations can be distinguished by the different methods and means they use to achieve their goals. Chief among these are the internationally active terrorist groups and mujahidin networks dedicated to violent jihad, some of which are connected to the al-qaeda organization led by Osama bin Laden until his death.

169 12 SECURITY 169 Other Islamist organizations want to change society and the government in their home countries by violent means (terrorist activity or guerilla war). Members of these organizations are often among persons who have come to Germany as political refugees and try to provide logistical and propaganda support from Germany for the struggle in the crisis region, thus constituting a latent threat to their home countries facilities and interests in Germany. Yet other organizations exploit democratic means to establish Islamist conditions in German society or at least try to find openings for organized Islamist activity in Germany, thus working against state efforts at integration by trying to set up an Islamist parallel society Counter-terrorism General information The terrorist attacks of 11 September 2001 in the U.S. revealed a previously inconceivable dimension of threat posed by international terrorism. Since then, international Islamist terrorism has become the greatest threat to the international community and to Germany s internal security. Deadly bombings in major cities (Istanbul, November 2003; Madrid, March 2004; London, July 2005) have made the threat situation especially clear. Germany was also the target of Islamist terrorists in July 2006 and September 2007; fortunately, the first bombing attempt failed and the second was prevented by arresting the suspects. In March 2011, two persons were killed and others wounded in an Islamist-motivated attack on U.S. troops at Frankfurt Airport. International terrorism takes many forms, which must be dealt with primarily using law enforcement measures. Residence law is especially important for counter-terrorism, because Islamist terrorists often turn out to have an immigrant background. They are also often highly mobile, travelling across international borders. New legislation has provided a decisive response to this new quality of threat. The Counter- Terrorism Act, which went into effect already in January 2002, responded to the new threat situation by tightening existing provisions in the Foreigners Act on the entry, expulsion and deportation of foreigners, on obligations to provide information, on security interrogations and on measures to establish and document the identity of individuals. The Residence Act, which entered into force with the Immigration Act on 1 January 2005, consistently continues in this direction. Lastly, the Act to Implement Residence- and Asylum-Related Directives of the European Union, which went into force on 28 August 2007, has taken further steps to

170 170 optimize the Residence Act. These steps are the result of security policy insights gained from the attempted bombings in Germany The Counter-Terrorism Act (2002) In order to ensure that persons who commit or support terrorist or violent activities are not allowed to remain in Germany, a new ground for refusing a residence permit was introduced as early as January 2002 (Section 5 (4) in conjunction with Section 54 nos. 5 and 5a of the Residence Act). According to these provisions, no residence permit will be issued to foreigners who endanger the free democratic basic order or the security of the Federal Republic of Germany, or who in pursuit of political objectives participate in acts of violence, publicly incite violence or threaten the use of violence. The same is true if there is evidence indicating that the person in question is or has been a member of an organization which supports international terrorism, or that the person supports or has supported such an organization. This provision also applies to persons who give financial support to international terrorism. In addition, the Counter-Terrorism Act defined a number of new grounds for regular expulsion under the Foreigners Act: As a rule, foreigners are to be expelled if they may not be issued a residence title for the reasons listed above. Furthermore, it is generally possible to expel foreigners who have provided false or incomplete information regarding their links with persons or organizations suspected of supporting international terrorism (Section 54 nos. 5, 5a and 6 of the Residence Act). The Counter-Terrorism Act also implemented UN Security Council resolutions 1269 (1999) and 1373 (2001) calling on members not to grant refugee status to persons who plan, prepare or support terrorist activity. For this reason, the law states that when there are serious grounds to suspect a foreigner of having committed a particularly serious offence, he or she shall not be granted refugee status under the Geneva Convention on refugees (Section 60 (8) of the Residence Act). Persons to whom this provision applies will no longer be granted a residence permit; they are covered by the Act on Benefits for Asylum Seekers, a separate system of primarily in-kind benefits to guarantee a minimum level of existence, subject to area-specific penalties in case of fraud. They are also subject to restrictions on their freedom of movement. But the provision does not override a ban on deportation: An individual will not be deported even if he or she is suspected of the most serious crimes if he or she faces a concrete threat of death, torture, etc. Since the Counter-Terrorism Act went into effect, measures to establish and document a person s identity (e.g. fingerprinting) may be taken in the following additional cases:

171 12 SECURITY 171 QQ if the mandatory grounds for refusal under Section 5 (4) of the Residence Act apply; and Q Q when nationals of countries with which there are readmission difficulties and nationals of countries relevant for the current security situation apply for a visa for a stay of more than three months. In addition, a legal basis was created to allow the personal data of visa applicants and their hosts submitted to German diplomatic missions abroad to be transferred to the federal security authorities for the purpose of ascertaining any mandatory grounds for refusing a residence title pursuant to Section 5 (4) of the Residence Act. The countries in which this procedure is applied are determined by the Federal Ministry of the Interior in cooperation with the Federal Foreign Office based on the current security situation. In these cases, a visa may be issued only with the prior approval of the responsible foreigners authority (Section 73 (1) and (4) of the Residence Act and Section 31 (1) first sentence no. 3 of the residence regulation (AufenthV).

172 172 The foreigners authorities too may request the security authorities to ascertain any mandatory grounds for refusing a residence permit under Section 5 (4) of the Residence Act before issuing or renewing other types of residence titles (Section 73 (2) Residence Act) The Residence Act (2005) and the Act to Implement Residence- and Asylum-Related Directives of the European Union (2007) Relevant provisions are also contained in the Residence Act, which replaced the Foreigners Act when the Immigration Act entered into force on 1 January Some important amendments were made in order to make the Act consistent with the Counter-Terrorism Act which improve Germany s security against terrorist attack. The Act to Implement Residence- and Asylum-Related Directives of the European Union, which entered into force on 28 August 2007, created further security-related provisions intended above all to optimize cooperation between the security authorities and the agencies responsible for issuing residence titles. Grounds for expelling a foreigner/deportation of terrorist suspects The Residence Act stipulates that the leaders of any organization banned because its purpose or activities oppose the constitutional order or the idea of international understanding will also as a rule be expelled (Section 54 no. 7 of the Residence Act). Under the Residence Act, persons who incite hate and violence may also be expelled if they publicly endorse acts such as war crimes in a way that could disrupt public security and order (Section 55 no. 8 of the Residence Act). Further, expulsion is mandatory for foreigners sentenced to imprisonment on charges of human smuggling (Section 53 no. 3 of the Residence Act). Deportation order In order to prevent a particular threat to the national security or a terrorist threat, the supreme authority at state level may now issue a deportation order against a foreigner without a prior expulsion order issued by a foreigners authority (Section 58a Residence Act). Such deportation orders are subject to immediate enforcement. The Federal Ministry of the Interior may assume responsibility if there is a special federal interest in the case. Affected persons may appeal only to the Federal Administrative Court, which significantly speeds up the process. Persons deported under such orders are permanently prohibited from returning to Germany (Section 11 (1), fourth sentence, Residence Act). Such a deportation order must be based on factual evidence of a potential threat; mere supposition is not sufficient. Persons subject to a deportation order are immediately given the opportunity to consult a legal adviser of their choice in order to be able to apply in time for temporary relief. The deportation may not be enforced until the court has decided on the application for temporary relief. The person

173 12 SECURITY 173 concerned shall be placed in custody by judicial order for the purpose of ensuring deportation if the deportation order cannot be immediately enforced (Section 62 (2) no. 1a Residence Act). Monitoring measures In certain cases, it may be necessary not only to terminate the residence of foreigners who may constitute a threat to Germany s internal security, but also to monitor their activities, for example if they cannot be deported due to the possibility of facing torture, the death penalty, etc. in the country of deportation. The Residence Act therefore allows for the monitoring of foreigners who have been ordered to leave the country (Section 54a Residence Act) by requiring them to report regularly to the authorities or restricting their movements and communications. Foreigners subject to an expulsion order or an enforceable deportation order for constituting a terrorist threat are required to report at least once a week to the authority responsible for their place of residence, unless the foreigners authority stipulates otherwise. They may reside only in the district for which that foreigners authority is responsible. They may be required to move to a different place of residence or to certain accommodations outside the district of the foreigners authority concerned, if this appears expedient in order to prevent the activities which led to the expulsion order.

174 174 Background checks Close cooperation between the authorities responsible for issuing residence titles (diplomatic missions abroad and foreigners authorities) and the security authorities is crucial to prevent terrorists from entering or residing in Germany. As a result, the security authorities are now authorized by law to conduct background checks of applicants before visas and residence titles are issued. The Act to Implement Residence- and Asylum-Related Directives of the European Union (see above) has further optimized the security vetting procedures. Before a visa can be issued to a national of a country for which consultations are required, the security authorities must determine whether any security-related grounds for refusal exist (Section 73 (1) Residence Act). The applicant s host and any other references in Germany will be checked at the same time. The foreigners authorities may ask the security authorities to conduct similar checks before issuing residence permits. Applicants for settlement permits or naturalization will also be checked by the security authorities for any anti-constitutional activities (Section 73 (2) Residence Act or Section 37 (2) Nationality Act). The security authorities are to inform requesting authorities immediately of any security concerns (Section 73 (1) and (2) Residence Act), even after a residence title has been issued and is still valid. Establishing identity In addition to provisions introduced under the Counter-Terrorism Act, the Act to Implement Residence- and Asylum-Related Directives of the European Union, in line with regulations at European level for the Schengen area, allows the authorities to take and record fingerprints of all applicants for national (long-term) visas, regardless of their nationality, for the purpose of establishing and verifying their identity.

175 12 SECURITY 175

176 Institutions related to migration and integration 13.1 Federal Office for Migration and Refugees In recent years, the Federal Office for Migration and Refugees (BAMF) has evolved into an important competence centre for issues of migration and integration in Germany. Since the Immigration Act was introduced in 2005, the Federal Office has not only been responsible for processing asylum applications and for refugee protection, but has also been a driver of national efforts to promote integration. As a result, the Federal Office today performs a wide range of tasks. In addition to asylum and refugee protection, these tasks include above all promoting integration; managing EU funds related to refugees, migration, returns and integration; promoting voluntary returns; managing the Central Register of Foreigners; and conducting research on migration, integration and asylum. Within the area of asylum and refugee protection, the main tasks are processing asylum applications and thus deciding whether persons who have applied for asylum in Germany can be given protection here against persecution. Other important tasks in this area are coordinating resettlement measures and the special humanitarian reception of refugees. Since the Residence Act entered into force in 2005, integration has become an important issue for the Federal Office, whose efforts focus in particular on promoting linguistic and social integration of immigrants in Germany as well as matters related to education and the labour market. The Federal Office is responsible for the nationwide integration courses which it developed in 2005 and has since overseen; the promotion of job-related language skills; funding for migration advising and integration projects; the secretariat of the German Islam Conference; and the nationwide hotline for the recognition of foreign qualifications. Another priority of the Federal Office is encouraging acceptance among the host society for immi-

177 13 INSTITUTIONS RELATED TO MIGRATION AND INTEGRATION 177 grants and persons with an immigrant background. The Federal Office sees itself as helping to establish a culture of acceptance and recognition in the form of numerous projects, events and publications. Effective 1 January 2005, under the new Residence Act the Federal Office also assumed the task of conducting scientific research into migration issues (Section 75 no. 4 of the Residence Act). The tasks of the Federal Office s research centre for migration, integration and asylum can be summed up with the terms analysis, assessment and advising. Here the focus is on observing migration to and from Germany, analysing the effects of these migration processes and gaining insights to help in managing integration and migration. Based on its own research, the Federal Office regularly publishes data and analyses of current trends in migration and integration. It also advises on migration processes and issues of migration management. In addition to the scientific publications of its research group, the Federal Office publishes a series of specialized information materials, both online and in print form.

178 178 Specific tasks of the Federal Office: QQ processing asylum applications; QQ conducting resettlement procedures and special humanitarian reception; QQ promoting and coordinating integration; QQ operating the hotline for recognition of foreign occupational qualifications; Q Q running the secretariat for the German Islam Conference and administering the website QQ updating and assessing the naturalization test; QQ processing the admission of Jewish immigrants; Q Q administering EU funds: the European Integration Fund, European Refugee Fund and European Return Fund; QQ conducting scientific research on migration and integration; QQ certifying research institutions; QQ administering the Central Register of Foreigners; QQ collecting statistics; QQ carrying out international tasks; QQ promoting voluntary return; QQ operating the Information Centre for Asylum and Migration (IZAM); QQ running the Service Centre for Residence-Related Issues; QQ running the clearing house on prevention cooperation;

179 13 INSTITUTIONS RELATED TO MIGRATION AND INTEGRATION 179 QQ running the information centre on radicalization; Q Q administering and updating the website for occupational training in the federal administration, QQ managing public relations. For more information on the Federal Office, please visit its website at / www. facebook.com/bamf.socialmedia 13.2 Federal Government Commissioner for Migration, Refugees and Integration The Federal Government Commissioner for Migration, Refugees and Integration helps the Federal Government in further developing its integration policy and promoting the coexistence of foreigners and Germans. Since 2005, the Federal Government Commissioner has had the rank of Cabinet minister and is based at the Federal Chancellery. The Commissioner is autonomous in carrying out her duties. In December 2013, Aydan Özoguz, member of the German Bundestag, was appointed the sixth Federal Government Commissioner for Migration, Refugees and Integration. The office, tasks and powers of the Commissioner are set down in Sections 92 to 94 of the Residence Act. By law, her tasks include the following: QQ promoting the integration of immigrants, QQ creating suitable conditions for foreigners and Germans to live together in harmony, QQ promoting mutual understanding, QQ opposing xenophobia and discrimination against foreigners, QQ helping make sure that foreigners concerns are sufficiently addressed, QQ providing information on the legal possibilities for naturalization,

180 180 Minister of State Aydan Özoğuz, Federal Government Commissioner for Migration, Refugees and Integration, receiving guests at an event for the International Day for the Elimination of Racial Discrimination held at the Federal Chancellery in Berlin on 21 March QQ ensuring that the freedom of movement of Union citizens living in Germany is upheld. The Commissioner is to be involved at the earliest possible stage in the Federal Government s legislative proposals and in other matters related to her area of responsibility. She may make proposals and express her views to the Federal Government. If there is sufficient evidence that federal authorities have discriminated against foreigners or violated their legal rights, these authorities must answer to the Commissioner. The Commissioner informs the public about her work and reports to the German Bundestag every two years on the situation of foreigners in Germany. She coordinates the National Action Plan on Integration and assists the Federal Chancellor with the Integration Summit at the Federal Chancellery. The office of the Federal Government s Commissioner for the Integration of Foreign Workers and Their Dependants was established at the Federal Ministry for Labour and Social Affairs in The first commissioner was former Minister-President Heinz Kühn, followed on 1 January 1981 by former Minister of State Liselotte Funcke, Member of the German Bundestag. From 1991 to 1998 the office was held by Cornelia Schmalz-Jacobsen (Member of the

181 13 INSTITUTIONS RELATED TO MIGRATION AND INTEGRATION 181 German Bundestag), from 1998 to 2005 by Marieluise Beck (Member of the German Bundestag) and from 2005 to 2013 by Professor Maria Böhmer (Member of the German Bundestag). For more information on migration, refugees and integration as well as the work of the Commissioner, please visit Federal Government Commissioner for Matters Related to Ethnic German Resettlers and National Minorities Since 1988, about three million ethnic Germans have immigrated to the Federal Republic of Germany from the countries of Central and Eastern Europe (approx. 800,000) and the countries of the former Soviet Union (approx. 2.2 million). Admitting and integrating these ethnic German resettlers is part of the Federal Government s efforts to accept Germany s responsibility for World War II and its consequences. This responsibility also includes solidarity with the Germans in the countries of Eastern Europe and the former Soviet Union who were subject to discrimination and repression for decades due to their German ethnicity. The Federal Republic allows those persons to move to Germany who would like to return to the land of their ancestors, and it also provides support for the German minorities living outside Germany. In the 1990s, aid primarily went towards improving living conditions; today, however, the focus is on promoting and strengthening cultural and linguistic identity. The Federal Government Commissioner is responsible for ethnic Germans who return to Germany and those who do not. The Commissioner is the main contact at federal level for ethnic German resettlers and is responsible for coordinating measures related to them. He coordinates measures to promote and support German minorities abroad and co-chairs the relevant committees formed with the governments of the countries in which the German minorities live.

182 182 The first Federal Government Commissioner for Matters Related to Ethnic German Resettlers was Dr Horst Waffenschmidt (CDU), who was appointed in He was succeeded in December 1998 by Jochen Welt, Member of the German Bundestag (SPD). Since November 2002, the Commissioner has also been responsible for matters related to the four national minorities in Germany (Danes, Frisians, Sorbs and German Sinti and Roma). Hans-Peter Kemper, Member of the German Bundestag (SPD), held this office from November 2004 until January From February 2006 until December 2013, Dr Christoph Bergner, Member of the German Bundestag (CDU) and Parliamentary State Secretary at the Federal Ministry of the Interior, served as the Federal Government Commissioner for Matters Related to Resettlers and National Minorities. On 8 January 2014, Hartmut Koschyk, Member of the German Bundestag (CSU), was appointed the new Federal Government Commissioner for Matters Related to Resettlers and National Minorities. Hartmut Koschyk, Federal Government Commissioner for Matters Related to Ethnic German Resettlers and National Minorities, at an ethnic German cultural event in Nuremberg.

183 13 INSTITUTIONS RELATED TO MIGRATION AND INTEGRATION The Federal Anti-Discrimination Office The Federal Anti-Discrimination Office (ADS) is an independent point of contact for persons affected by discrimination. It serves everyone who has experienced or witnessed discrimination due to race, ethnic origin, religion or belief, disability, sex, age or sexual identity. After the Act on Equal Treatment (AGG) entered into force in August 2006, the Federal Anti-Discrimination Office was set up at the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. It is located in Berlin and is led by Christine Lüders. The tasks of the Federal Anti-Discrimination Office are defined in the Act on Equal Treatment: advising, research and public information. The office takes a horizontal approach: Every form of discrimination as defined in the Act receives the same level of attention, which is intended to ensure effective protection also against discrimination on multiple grounds. Discrimination on multiple grounds occurs when discrimination is based on a combination of characteristics, such as age and sex. The office independently supports persons to ensure their right of protection against discrimination, primarily by providing information about entitlement and possibilities for legal action. The office also arranges for advising by other suitable providers near the home of the person seeking assistance. In case of conflicts, the Office may become involved to seek an amicable settlement between the parties. In order to take effective action against discrimination, information and knowledge about the situation of victims are essential. This is why the office regularly commissions research studies. The primary aim is to improve the information basis. To do so, the office shares information with German and European scientists and researchers. Every four years, the office presents the German Bundestag with a report on discrimination; these reports are drafted in cooperation with the relevant Bundestag and Federal Government commissioners and contain recommendations on preventing and remedying discrimination. The latest report was presented in 2013 and describes discrimination in education and at work. The office works closely with non-governmental organizations and with organizations at state, federal and European level. It also promotes dialogue with social groups which advocate for protection against discrimination. To this end, an advisory council was created in October It is comprised of 16 representatives of social organizations and experts on discrimina-

184 184 tion issues. During the 17th legislative term, the advisory council was chaired by Dr Barbara John, member of the supervisory board of the Paritätischer Gesamtverband, Germany s largest association of social work initiatives. The office is also required by law to inform the public that discrimination is against the law and that it is possible to take action against it, first of all by informing the public about the protection against discrimination provided for in the Act on Equal Treatment. Extensive information about the office, its services and publications as well as current issues can be found on its website, The office also maintains an information database with more than a thousand entries and news articles. The website also offers an overview of agencies in Germany offering advising on anti-discrimination. The office also organizes events and produces guides related to discrimination. The aim is Poster from the public information campaign of the Federal Anti-Discrimination Office illustrating the slogan Diversity, not uniformity Working together for equal treatment. Beratungshotline: Hotline:

185 13 INSTITUTIONS RELATED TO MIGRATION AND INTEGRATION 185 to provide comprehensive information to highlight the advantages of a society free from discrimination. All publications of the Federal Anti-Discrimination Office can be found at its website, The Federal Office of Administration With its main office in Cologne, the Federal Office of Administration (BVA) was established in 1960 to carry out administrative tasks on behalf of the federal ministries in a centralized and more effective manner. The BVA serves government agencies, organizations and individual citizens. It is responsible for German schools abroad; grants for sport, culture, youth and social welfare; it also gives out student loans and collects repayments of loans made under the Federal Education Assistance Act (BAföG). Since its founding, the BVA has carried out tasks in the field of public security and nationality law, including administering the Central Register of Foreigners. It helps Germany s diplomatic missions abroad process several million visa applications each year. In this context, the visa alert database went into operation at the BVA on 1 June This database helps fight illegal entry. It contains information about persons convicted of relevant crimes or otherwise having a record of unlawful behaviour related to visas whose names were given to the visa issuing offices in the process of vetting the persons involved in the visa process (applicant, sponsor, person submitting a formal obligation, other reference persons). The BVA also serves as the national unit for the Visa Information System, the Europe-wide network for sharing information about visas which has been in operation since October The VIS helps implement the EU s common visa policy as well as facilitate consular cooperation among the Member States and consultation among the central visa issuing authorities. In this way, the VIS helps maintain internal security by combating visa fraud and illegal immigration. The BVA serves as the central point of access to the VIS for national security authorities. For people living outside Germany, the BVA is the agency responsible for matters related to nationality: naturalization, procedures to determine whether someone is a German citizen

186 186 and permission to retain German citizenship. Another task is the reception of ethnic Germans from the countries of the former Soviet Union in accordance with the Federal Expellees Act (BVFG). Other major responsibilities include horizontal tasks performed on behalf of all agencies within the remit of the Federal Ministry of the Interior and numerous other agencies, such as staff recruitment, travel management and payroll. Based on its own extensive experience with administrative modernization, the BVA offers advising on organizational issues for ministries and other agencies; this service is increasingly in demand. In 2006, the Federal Office for Information Technology (BIT) was created at the BVA to provide central IT products and services for the federal administration. More information about the BVA and its wide range of tasks can be found on its website,

187 ANNEX I 187 Annex I Glossary Asylum, person entitled to Persons entitled to asylum are foreigners who have been recognized by the Federal Office for Migration and Refugees (BAMF) as being entitled to asylum under Article 16a of the Basic Law. They also have the legal status granted in the Geneva Convention on refugees (Section 2 (1) of the Asylum Procedure Act). Asylum applicant Asylum applicants are foreigners seeking protection under Article 16a (1) of the Basic Law from political persecution, from deportation or other form of return to a country where their life or liberty is threatened due to their race, religion, nationality, political convictions or membership of a particular social group. Persons entering Germany from a safe third country as defined in Section 26a (2) of the Asylum Procedure Act are not entitled to protection under Article 16a (1) of the Basic Law. Ethnic German resettler (Aussiedler) According to Section 1 (2) no. 3 of the Federal Expellees Act (BVFG), ethnic German resettlers (Aussiedler) are German citizens or persons of ethnic German origin who left the former German territories in the former Danzig, Estonia, Latvia, Lithuania, the former Soviet Union, Poland, Czechoslovakia, Hungary, Romania, Bulgaria, Yugoslavia, Albania or China after the end of general expulsions and before 1 July 1990 or thereafter under the terms of the admission procedure before 1 January 1993, unless they first established residence in these territories after 8 May 1945 and were not expelled from these territories and did not return before 31 March Ethnic German resettlers are expellees (displaced persons, if applicable). Ethnic German resettler (Spätaussiedler) According to Section 4 (1) or (2) of the Federal Expellees Act in the version promulgated on 2 June 1993 (Federal Law Gazette I, p. 829), ethnic German resettlers are persons of ethnic German origin (Section 6 Federal Expellees Act) who left their regions of origin after 31 December 1992 after applying for admission to Germany and established permanent residence in Germany within six months. Applicants from the territory of the former Soviet Union are assumed to have suffered discrimination as a result of World War II, which is the reason for be-

188 188 ing admitted to Germany (Section 4 (1) Federal Expellees Act). Applicants from other regions must present plausible evidence that they left due to discrimination or the continued impact of earlier discrimination based on their German ethnicity (Section 4 (2) Federal Expellees Act). Anyone who received an admission notice (Aufnahmebescheid) before 1 January 1993 or an admission permit (Übernahmegenehmigung) before 1 July 1990 and fulfils the requirements listed in Section 1 (2) no. 3 or Section 4 of the Federal Expellees Act qualifies as an ethnic German resettler (Spätaussiedler) (Section 100 (4) or (5) Federal Expellees Act). EU citizen All citizens of a Member State of the European Union are EU citizens. Expellee According to Section 1 (1) of the Federal Expellees Act, expellees are German citizens and persons of ethnic German origin who were expelled from their place of residence within legally defined areas subject to expulsion in connection with World War II. These general expulsions ended by Additional persons, such as those forced to relocate also qualify as expellees under Section 1 (2) of the Federal Expellees Act. Foreigner A foreigner is anyone who is not German within the meaning of Article 116 (1) of the Basic Law, which is primarily based on possession of German citizenship. Guest worker Guest worker (Gastarbeiter) was the colloquial term for foreign workers recruited to come to Germany until 1973, when such recruitment was discontinued. Hardship case In accordance with Section 23a of the Residence Act, a residence permit may be granted in case of special humanitarian need, even if the foreigner concerned is enforceably required to leave the country. To this end, a request must be submitted to the Hardship Commission, which then appeals to the supreme state authority to issue a residence permit to the foreigner. The Commission decides at its discretion; it is not obligated by law to submit such a request, nor is the competent state authority obligated to grant a residence permit. This provision on hardship cases, which was introduced under the Immigration Act, is the response to a request expressed by charitable organizations, churches and refugee associations for many years.

189 ANNEX I 189 Illegal alien This term (Illegale) is used by the general public to refer to foreigners living in Germany without the permission or knowledge of the responsible authorities. Immigrant background As defined by the Federal Statistical Office, persons of immigrant background are all those who have immigrated since 1949 to the present-day territory of the Federal Republic of Germany, all foreigners born in Germany and all German nationals born in Germany with at least one parent who immigrated to Germany or was born as a foreigner in Germany. Immigration German has two different words for immigration: Einwanderung and Zuwanderung. The first refers to the lawful entry and residence of foreigners intending from the outset to settle permanently in Germany, i.e. legal immigration, while the second has become the accepted term to describe all forms of migration (long- and short-term) across national borders. Integration Integration is a long-term process intended to ensure that all lawful and permanent residents are included in German society. Legal immigrants should be able to participate fully in all areas of society, on equal terms wherever possible. Immigrants are obligated to learn the language of the country in which they live and to know, respect and uphold the German constitution, German laws and the basic values of German society. And the receiving society is obligated to provide immigrants equal access to all areas of society, if possible. Internal refugee / internally displaced person Internal refugees or internally displaced persons are those fleeing conflicts or man-made disasters within their home country, i.e. without crossing international borders. Jewish immigration Since January 1991, Germany has admitted Jewish emigrants and their families from the former Soviet Union with the aim of preserving and strengthening Jewish communities in Germany. Jewish immigration was initially governed by the 1991 resolution of the Federal Chancellor and the minister-presidents of the German states; since early 2005, it has been governed by the resolutions of the interior ministers of the states in accordance with Section 23 of the Residence Act. Jewish immigrants are issued a permanent residence title and accompanying family members receive a temporary residence title; they are allowed to take up paid employment/self-employment and receive social assistance benefits if necessary.

190 190 Jus sanguinis Jus sanguinis is the principle of granting citizenship based on the citizenship of the parent(s) rather than the country of birth. For that reason, it is also known as the principle of descent. Most countries apply this principle alone or in conjunction with jus soli. Since the Nationality Act of 1913, German nationality law has primarily applied the principle of jus sanguinis (see Section 4 (1) of the Nationality Act (StAG)). In addition, the Act to Reform Nationality Law of 15 July 1999 introduced a form of jus soli for acquiring German citizenship under certain conditions (see Jus soli ). Jus soli Jus soli is the principle of granting citizenship based on the country of birth, from the Latin for right of the territory. The Act to Reform Nationality Law of 15 July 1999 introduced a form of jus soli for acquiring German citizenship which applies to children of foreigners born in Germany under certain conditions; they are initially granted German citizenship but ultimately must choose between it and that of their parent(s) (see also Jus sanguinis ). Migration Migration is a phenomenon in which persons (migrants) move, for a variety of reasons, to another country for the medium or long term. Quota refugee These are refugees from crisis regions who were admitted until the end of 2004 in the context of humanitarian relief. Since 1973, Germany has taken in great number of quota refugees, for example from Vietnam ( boat people ) and Chile. Jewish immigrants from the former Soviet Union were admitted under the terms of this law from 1991 to 2004; the law was suspended when the Immigration Act entered into force on 1 January Refugee As defined in the Geneva Convention Relating to the Status of Refugees of 28 July 1951, a refugee is a person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. Also known as Convention refugees, they are not entitled to asylum under Article 16a of the Basic Law but are protected from deportation under Section

191 ANNEX I (1) of the Residence Act. In Germany, recognition as a foreign refugee is granted within the framework of the asylum application process. Refugee of war or civil war (Bosnia-Herzegovina, Kosovo) In the broadest sense, refugees of war and civil war are persons fleeing their home country due to fear of the effects of armed conflicts (direct impact of battles, attack by warring parties, targeted expulsion and the like). Most of them do not qualify for refugee status under the Geneva Convention on refugees, but this can only be determined in the course of processing their asylum applications. Residence title In order to enter and reside in Germany, foreigners must have permission in the form of a residence title. A residence permit is always temporary, while a settlement permit is granted for an unlimited time and without any geographical restrictions and allows the bearer to pursue paid employment or self-employment. The EU long-term residence permit, which is based on EU law, is an unlimited residence permit granted to foreigners who have been lawfully resident in Germany or another member state of the European Union for five years. The Residence Act also lists visas as a type of residence title. Safe third country According to Section 26a of the Asylum Procedure Act and constitutional law, safe third countries are the European Union Member States and other European countries (e.g. Norway, Switzerland) which uphold the Geneva Convention Relating to the Status of Refugees and the European Convention on Human Rights. Foreigners who have entered one of these countries, where they can receive protection under the Geneva Convention on refugees, are to be denied entry to the Federal Republic of Germany at the border, because anyone entering Germany from a safe third country is not entitled to the basic right of asylum. Temporary suspension of deportation A temporary suspension of deportation may be granted to persons who are required to leave the country but cannot leave or be deported for certain reasons (e.g. illness, country of origin s refusal to allow re-entry). Third-country national In contrast to EU citizens, i.e. all citizens of European Union member states, third-country nationals are citizens of countries that do not belong to the EU or the European Economic Area.

192 192 Annex II Chronology of the policy on foreigners since the recruitment of foreign workers 1955 Recruitment agreement with Italy 1960 Recruitment agreements with Spain and Greece 1961 Recruitment agreement with Turkey 1963 Recruitment agreement with Morocco 1964 Recruitment agreement with Portugal 1965 Recruitment agreement with Tunisia 1968 Recruitment agreement with Yugoslavia 23 November 1973 Federal Cabinet resolution concerning the ban on recruitment: no further recruitment of labour from non-ec states. 1 October 1978 Consolidation of the residence status of foreign workers following the amendment of the General Administrative Regulations relating to the Foreigners Act (permanent residence permit after five years of residence and right of residence after eight years of residence). The

193 ANNEX II 193 amendment to the Work Permit Ordinance brings the labour market status of foreign workers into line with their residence status (permanent special work permit after eight years of residence). (Fourth amendment to the Work Permit Ordinance of 29 August 1978, Federal Law Gazette I, p. 1531) 22 November 1978 First appointment of a Federal Government Commissioner for the Integration of Foreign Workers and Their Families (Minister-President (retired) Heinz Kühn; followed on 1 January 1981 by the Minister of State (retired) Liselotte Funcke (Member of the German Bundestag). In November 1991 the office is renamed the Federal Government Commissioner for Matters Relating to Foreigners. From 1991 to 1998 the office is held by Cornelia Schmalz-Jacobsen (Member of the German Bundestag), from 1998 to 2005 by Marieluise Beck (Member of the German Bundestag) and from 2005 to 2013 by Professor Maria Böhmer (Member of the German Bundestag). Minister of State Aydan Özoguz (Member of the German Bundestag) has been Federal Government Commissioner since December August 1979 Programme for foreign refugees: Refugees admitted in the context of humanitarian aid (quota refugees) are given the same status as persons granted asylum status, without having to go through asylum procedures. Entry into force of the Act on Measures in Aid of Refugees Admitted under Humanitarian Relief Programmes: 1 August 1980 (Federal Law Gazette I, p. 1057). 18 June 1980 Emergency programme to restrict the number of bogus asylum seekers entering the country: Measures to speed up the asylum process, denial of work permits during the first year after entry and introduction of visa requirements for those countries from which the most asylum seekers are coming. 1 August 1982 Entry into force of the Asylum Procedure Act of 16 July 1982 (Federal Law Gazette I, p. 946): It contains regulations intended to speed up the asylum application procedure while protecting the constitutional right to asylum. 18 December 1982 Entry into force of the 14th Ordinance Amending the Ordinance on the Implementation of the Foreigners Act of 13 December 1982 (Federal Law Gazette I, p. 1681). Introduction of visa

194 194 requirements for foreigners from non-ec Member States intending to stay in Germany for more than three months, and repeal of the transit privilege granted to Ethiopian nationals. 1 December 1983 Entry into force of the Act to Promote the Preparedness of Foreign Workers to Return of 28 November 1983 (Federal Law Gazette I, p. 1377): support for voluntary return, immediate reimbursement of employee contributions to the statutory pensions system, early access to state subsidized savings without financial penalty, compensation for accrued rights to occupational pensions, and advising. 1 December 1986 Entry into force of the 15th Ordinance Amending the Ordinance on the Implementation of the Foreigners Act of 1 December 1986 (Federal Law Gazette I, p. 2110). Air passengers from certain (additional) problem states now have to apply for a transit visa even for a single stopover on German territory. 15 January 1987 Entry into force of the Act to Amend the Regulations Governing Legal Questions of Asylum Procedure, Work Permits and Foreigners Law of 6 January 1987 (Federal Law Gazette I, p. 89). Implementation of the Bundesrat proposals to speed up asylum procedures. 25 December 1988 Entry into force of the Act to Amend Regulations Governing Legal Questions of Asylum Procedure and Foreigners Law of 20 December 1988 (Federal Law Gazette I, p. 2362) 12 May 1989 Entry into force of the 17th Ordinance Amending the Ordinance on the Implementation of the Foreigners Act of 3 May 1989 (Federal Law Gazette I, p. 881). 19 June 1990 Signing of the Convention Implementing the Schengen Agreement. 9 July 1990 Promulgation of the Act Amending the Foreigners Law (Federal Law Gazette I, p. 1354). Major parts of the act enter into force on 1 January 1991.

195 ANNEX II January 1991 Entry into force of the Act Amending the Foreigners Law and the Ordinance on the Implementation of the Foreigners Act (Federal Law Gazette 1990 I, p. 2983), of the Ordinance on Residence Authorizations for the Purposes of Taking Up Employment (Federal Law Gazette 1990 I, p. 2994), of the Ordinance on Communicating Data to Foreigners Authorities (Federal Law Gazette 1990 I, p. 2997), of the Ordinance on the Keeping of Foreigners Files by Foreigners Authorities and Diplomatic Representations (Federal Law Gazette 1990 I, p. 2999), of the Ordinance Governing the Fees Arising in the Context of the Foreigners Act (Federal Law Gazette 1990 I, p. 3002), of the 9th Ordinance Amending the Work Permit Ordinance (Federal Law Gazette 1990 I, p. 3009) and of the Ordinance on Exemptions Relating to the Issue of Work Permits to Foreign Workers Entering the Federal Territory for the First Time (Federal Law Gazette 1990 I, p. 3012). 1 July 1992 Entry into force of major parts of the Act on the Re-organization of Asylum Procedures (Federal Law Gazette 1992 I, p. 1126). 30 June 1993 Entry into force of the Act Amending the Basic Law (Articles 16 and 18) of 28 June 1993 (Federal Law Gazette I, p. 1002). Promulgation of the Act to Re-organize Benefits for Asylum- Seekers (Federal Law Gazette I, p. 1074). The Act enters into force on 1 November July 1993 Entry into force of the Act Amending Asylum Procedure, Foreigners and Nationality Provisions of 30 June 1993 (Federal Law Gazette I, p. 1062). 1 October 1994 Entry into force of the Act on the Central Register of Foreigners of 2 September 1994 (Federal Law Gazette I, p. 2265). 25 May 1995 Entry into force of the Ordinance on the Implementation of the Act on the Central Register of Foreigners of 17 May 1995 (Federal Law Gazette I, p. 695). 1 June 1997 Entry into force of the amendment to the Act on Benefits for Asylum-Seekers (Federal Law Gazette I, p. 1130).

196 196 1 November 1997 Entry into force of the Act Amending Foreigners and Asylum Procedure Provisions (Federal Law Gazette I, p. 2584): The Act improves the legal status of foreigners living lawfully in Germany, facilitates the expulsion and deportation of criminal foreigners and puts the office of the Federal Government Commissioner for Matters Relating to Foreigners on a new legal basis. 15 July 1999 Act Amending the Nationality Law. Parts of the Act enter into force on 1 August 1999 and the rest on 1 January In addition to the principle of descent, the principle of birthplace (jus soli) is introduced for the acquisition of citizenship. Under certain circumstances, children born in Germany of foreign parents acquire German citizenship at birth and have better opportunities for integration. The period of residence in Germany required for foreign nationals to be entitled to naturalization is reduced to eight years, applicants must prove adequate knowledge of the German language, and a special clause preventing extremist foreigners from becoming naturalized German citizens is introduced. 23 February 2000 Federal Chancellor Gerhard Schröder announces his Green Card initiative at the CeBIT computer trade show in Hanover, creating an exception to the ban on the recruitment of foreign labour for 20,000 foreign computer specialists. A new debate on immigration begins. 4 July 2001 The independent commission on immigration created to come up with practical solutions and recommendations for a new policy on foreigners and immigration presents its final report to Federal Minister of the Interior Otto Schily. 3 August 2001 The ministerial draft of proposed legislation on immigration is presented, followed by numerous revisions to the draft. 1 March 2002 The Bundestag passes the Immigration Act with support from the Social Democrats (SPD) and Alliance 90/The Greens.

197 ANNEX II 197 March December 2002 The Bundesrat adopts the Immigration Act in a controversial vote (22 March). Due to a procedural error, however, the opposition calls for a ruling from the Federal Constitutional Court on 16 July. On 18 December the Court decides that the Immigration Act was passed improperly and is invalid. May July 2003 On 9 May the Bundestag again passes the Immigration Act without further changes. The Bundesrat again rejects the Act (20 July), forcing the Federal Government to send it to the Mediation Committee. 19 May 2004 Entry into force of the Act on the European Convention on Nationality of 6 November 1997 (Federal Law Gazette 2004 II, p. 578). 25 May 2004 After talks between Federal Chancellor Gerhard Schröder and the chairs of the SPD, Alliance 90/The Greens, FDP, CDU and CSU, the Federal Government and the opposition are able to reach a compromise on the Immigration Act. Federal Interior Minister Otto Schily is assigned to work with CDU/CSU negotiator Minister-President Peter Müller and Bavarian Interior Minister Günther Beckstein to redraft the bill. 13 June 2004 Election of MEPs from the Federal Republic of Germany. July 2004 The German Bundestag adopts the Immigration Act on 1 July. The Bundesrat passes the Act on 9 July. 1 January 2005 The Immigration Act enters into force (Federal Law Gazette 2004 I, p. 1950). 18 March 2005 The Act Amending the Residence Act and other acts (Federal Law Gazette I, p. 721) enters into force. It is intended to coordinate the Immigration Act with other legislative acts passed at the same time.

198 November 2005 In their Coalition Agreement, the CDU, CSU and SPD agree on an evaluation of the Immigration Act to determine whether the Act has achieved the desired aims and whether further improvement is needed. 30/31 March 2006 Practitioners share their experience in evaluating the Immigration Act in the Federal Ministry of the Interior. In summer 2006 the Federal Ministry of the Interior presents its evaluation of the Immigration Act to the German Bundestag. 28 August 2007 The Act to Implement Residence- and Asylum-Related Directives of the European Union enters into force. In addition to implementing 11 EU directives related to residence and asylum, the new legislation incorporates the results of the evaluation of the Immigration Act and takes security concerns into account. 19 December 2008 The Bundesrat passes the Act to Manage Labour Migration. The Act contains the measures which require legislation to implement the Federal Government action programme to ensure sufficient skilled labour in Germany, adopted by the Cabinet on 16 July 2008, to manage the immigration of highly skilled workers in line with labour market needs. 1 January 2009 The Act to Manage Labour Migration goes into effect. 5 February 2009 The Act to Amend the Nationality Act of 5 February 2009 (Federal Law Gazette I, p. 158) adds a special provision on revoking unlawful naturalizations to the Nationality Act. 18 September 2009 The Bundesrat approves the General Administrative Regulations on the Residence Act, on the Freedom of Movement Act/EU and on the Act on the Central Register of Foreigners. The General Administrative Regulations standardize administrative practice for applying the Residence Act throughout Germany and in the diplomatic missions abroad which issue visas.

199 ANNEX II December 2010 The Act on the Further Reform of Federal Law enters into force (Federal Law Gazette 2010 I, p. 1864), among other things repealing both acts regulating nationality. 1 July 2011 The Act to Combat Forced Marriages and Better Protect the Victims of Forced Marriages and Amend Further Provisions Governing Residence and Asylum Law enters into force (Federal Law Gazette 2011 I, p. 1266). The Act introduces improvements for victims of forced marriages and creates a right of residence, independent of any cut-off dates, for well-integrated young people whose deportation has been suspended. 1 September 2011 The electronic residence permit is introduced as a separate document in credit-card format for citizens of non-eu countries (third-country nationals). 11 October 2011 The European Visa Information System goes into operation. 26 November 2011 The Act to Implement Residence- and Asylum-Related Directives of the European Union and to Adapt National Legal Provisions to the EU Visa Code enters into force. The Act transposes the following EU directives into German law: Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348 of 24 December 2008, p. 98) and Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L168 of 30 June 2009, p. 24). The Act also revises national law to comply with Regulation (EC) no. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code, OJ L 234 of 15 September 2009, p. 1), consolidating and updating much of the existing EU law concerning the EU s common visa policy. 1 January 2012 The 1990 ordinance on exceptions to the ban on the recruitment of foreign labour is repealed.

200 200 1 August 2012 The Act to Implement Council Directive 20009/50/EC introduces the EU Blue Card under national law and makes significant changes to residence law and law on employment for foreigners which benefit foreign students, foreign graduates of German higher education, foreigners in vocational training, self-employed persons and entrepreneurs. The Act also creates a special residence title for highly skilled workers while seeking employment. 1 June 2013 The Act to Establish a Visa Alert Database enters into force (Federal Law Gazette I, p. 3037). Managed by the Federal Office of Administration in Cologne, the database goes into operation, helping the visa authorities in the visa issuing process. 1 July 2013 The new ordinance on the admission of foreigners for the purpose of taking up employment enters into force. The ordinance distinguishes between temporary immigration and immigration intended for permanent employment in Germany. Non-EU nationals who have completed vocational training are granted access to employment depending on the needs of the German labour market. 6 September 2013 The Act to Improve the Rights of Persons with International Protection Status and Foreign Employees of 29 August 2013 enters into force. The Act is intended in particular to implement Directive 2011/51/EU expanding the scope of Directive 2003/109/EC to beneficiaries of international protection and Directive 2011/98/EU. 1 December 2013 The Act to Implement Directive 2011/95/EU largely enters into force. 12 Above all, it improves refugee protection and subsidiary protection by giving them independent legal status. The existing provisions are expanded and expressed more precisely. The rights of those granted subsidiary protection are brought more closely into line with those of recognized refugees. And it gives greater rights to the family members of persons granted subsidiary protection. 12 Directive 2011/95/EU of the European Parliament and the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted.

201 ANNEX III 201 Annex III Agencies and institutions Federal Ministry of the Interior Alt-Moabit 101 D Berlin New address effective 1 May 2015: Alt-Moabit Berlin [email protected] Telephone (central): +40 (0) Ministerium für Integration Baden-Württemberg (Baden-Württemberg Ministry for Integration) Thouretstraße Stuttgart [email protected] Telephone (central): (07 11) Bayerisches Staatsministerium für Arbeit und Soziales, Familie und Integration (Bavarian State Ministry for Labour and Social Affairs, Family and Integration) Winzererstraße München [email protected] Telephone (central): (0 89) Senatsverwaltung für Arbeit, Integration und Frauen des Landes Berlin (Berlin Senate Department of Labour, Integration and Women s Issues) Oranienstraße Berlin [email protected] Telephone (central): (0 30)

202 202 Ministerium für Arbeit, Soziales, Frauen und Familie des Landes Brandenburg (Brandenburg Ministry for Labour, Social Affairs and Family) Heinrich-Mann-Allee Potsdam Telephone (central): (03 31) Senator für Inneres und Sport der Freien Hansestadt Bremen (Bremen Minister for the Interior and Sport) Law on foreigners Contrescarpe 22/ Bremen [email protected] Telephone (central): (04 21) Senatorin für Soziales, Kinder, Jugend und Frauen (Bremen Ministry for Social Affairs, Children, Youth and Women) Immigration, integration Bahnhofsplatz Bremen [email protected] Telephone (central): (04 21) Behörde für Arbeit, Soziales, Familie und Integration der Freien Hansestadt Hamburg (Hamburg Ministry of Labour, Social Affairs, Family and Integration) Hamburger Straße Hamburg [email protected] Telephone (central): (0 40) Hessisches Ministerium des Innern und für Sport (Hesse Ministry of the Interior and Sport) Foreigners affairs Friedrich-Ebert-Allee Wiesbaden [email protected] Telephone (central): (06 11)

203 ANNEX III 203 Hessisches Ministerium für Soziales und Integration (Hesse Ministry for Social Affairs and Integration) Integration Dostojewskistraße Wiesbaden [email protected] Telephone (central): (06 11) Ministerium für Inneres und Sport des Landes Mecklenburg-Vorpommern (Mecklenburg-Western Pomerania Ministry of the Interior and Sport) Law on foreigners Arsenal am Pfaffenteich, Alexandrinenstraße Schwerin [email protected] Telephone (central): (03 85) Ministerium für Arbeit, Gleichstellung und Soziales des Landes Mecklenburg-Vorpommern (Mecklenburg-Western Pomerania Ministry of Labour, Equality and Social Affairs) Integration Werderstraße Schwerin [email protected] Telephone (central): (03 85) Niedersächsisches Ministerium für Inneres und Sport (Lower Saxony Ministry of the Interior and Sport) Law on foreigners Lavesallee Hannover [email protected] Telephone (central): (05 11) Niedersächsisches Ministerium für Soziales, Gesundheit und Gleichstellung (Lower Saxony Ministry of Social Affairs, Health and Equality) Integration Hinrich-Wilhelm-Kopf-Platz Hannover [email protected] Telephone (central): (05 11)

204 204 Ministerium für Inneres und Kommunales des Landes Nordrhein-Westfalen (North Rhine-Westphalia Ministry of the Interior and Municipal Issues) Foreigners issues Haroldstraße Düsseldorf [email protected] Telephone (central): (02 11) Ministerium für Arbeit, Integration und Soziales des Landes Nordrhein-Westfalen (North Rhine-Westphalia Ministry of Labour, Integration and Social Affairs) Integration Fürstenwall Düsseldorf [email protected] Telephone (central): (02 11) Ministerium für Integration, Familie, Kinder, Jugend und Frauen des Landes Rheinland- Pfalz (Rhineland-Palatinate Ministry for Integration, Family, Children, Youth and Women) Kaiser-Friedrich-Straße 5a Mainz [email protected] Telephone (central): ( ) 16-0 Ministerium für Inneres und Sport (Ministry of the Interior and Sport) Immigration Franz-Josef-Röder-Straße Saarbrücken [email protected] Telephone (central): (06 81) Ministerium für Soziales, Gesundheit, Frauen und Familie (Ministry for Social Affairs, Health, Women and Family) Integration Franz-Josef-Röder-Straße Saarbrücken [email protected] Telephone (central): (06 81)

205 ANNEX III 205 Sächsisches Staatsministerium des Innern (Saxony State Ministry of the Interior) Immigration, foreigners issues Wilhelm-Buck-Straße Dresden [email protected] Telephone (central): (03 51) Sächsisches Staatsministerium für Soziales und Verbraucherschutz (Saxony State Ministry for Social Affairs and Consumer Protection) Integration Albertstraße Dresden poststelle@ sms.sachsen.de Telephone (central): (03 51) Ministerium für Inneres und Sport des Landes Sachsen-Anhalt (Saxony-Anhalt Ministry of the Interior and Sport) Halberstädter Straße Magdeburg [email protected] Telephone (central): (03 91) Innenministerium des Landes Schleswig-Holstein (Schleswig-Holstein Interior Ministry) Düsternbrooker Weg Kiel [email protected] Telephone (central): (04 31) Thüringer Innenministerium (Thuringia Interior Ministry) Steigerstraße Erfurt [email protected] Telephone (central): (03 61)

206 206 Beauftragter der Bundesregierung für Aussiedlerfragen und nationale Minderheiten (Federal Government Commissioner for Matters Related to Ethnic German Resettlers and National Minorities) Alt Moabit 101 D Berlin New address effective 1 May 2015 Alt-Moabit Berlin [email protected] Telephone: ( ) Bundesamt für Migration und Flüchtlinge (Federal Office for Migration and Refugees) Frankenstraße Nürnberg [email protected] Telephone (central): (09 11) Public information service Telephone: (09 11) (Mo. Thurs., 9 a.m. to 3 p.m., Fri. 9 a.m. to 2 p.m.) - Hotline for recognition of foreign occupational qualifications Telephone: ( ) (Mo. Thurs., 9 a.m. to 3 p.m.) Beauftragte der Bundesregierung für Migration, Flüchtlinge und Integration (Federal Government Commissioner for Migration, Refugees and Integration) Federal Chancellery Willy-Brandt-Straße Berlin [email protected] Telephone (central): ( )

207 ANNEX III 207 Beauftragter der Bundesregierung für Menschenrechtspolitik und Humanitäre Hilfe im Auswärtigen Amt (Federal Government Commissioner for Human Rights Policy and Humanitarian Aid at the Federal Foreign Office) Werderscher Markt Berlin [email protected] Telephone (central): ( ) 17-0 Geschäftsstelle des Bündnisses für Demokratie und Toleranz gegen Extremismus und Gewalt (Office of the Alliance for Democracy and Tolerance Against Extremism and Violence) Friedrichstraße Berlin [email protected] Telephone (central): (0 30) Deutsches Institut für Menschenrechte (German Institute for Human Rights) Zimmerstraße 26/ Berlin Telephone (central): (0 30) Antidiskriminierungsstelle des Bundes (Federal Anti-Discrimination Agency) Glinkastraße Berlin [email protected] Telephone helpline: ( ) Telephone (central): ( ) Geschäftsstelle der Deutschen Islam Konferenz (Office of the German Islam Conference) Frankenstraße Nürnberg [email protected] Telephone (central): (09 11)

208 208 This brochure has been published free of charge as part of the public information efforts of the Federal Ministry of the Interior. It may not be used by any political party, candidate or campaign workers during an election campaign for purposes of campaign advertising. This applies to elections at the European, federal, state and local levels. In particular, distributing this publication at campaign events or at information stands of political parties, or inserting, stamping or attaching to it any political information or advertising constitutes misuse. Nor may it be passed on to third parties for purposes of campaign advertising. Regardless of when, by what means and in what quantities this publication was delivered to the recipient, even without reference to any upcoming election it may not be used in a manner that could be construed as bias by the Federal Government on behalf of any individual political group.

209 209

210 210 Publication data Published by: Federal Ministry of the Interior Alt-Moabit 101 D Berlin New address effective 1 May 2015: Alt-Moabit Berlin Editorial staff: Federal Ministry of the Interior, Division M I 1 General and legal matters concerning policy on migration; refugees; foreigners and asylum English translation: Federal Ministry of the Interior, Language Services Division Design and production: MediaCompany Agentur für Kommunikation GmbH (revised edition) Photo credits: Federal Anti-Discrimination Office, Federal Office for Migration and Refugees, Press and Information Office of the Federal Government, Federal Agency for Cartography and Geodesy, Federal Photo Archives, Federal Government/Bermann (p. 180), Federal Ministry of the Interior/ Torsten Hansen (p. 63), Federal Police, European Commission, Photothek.net, Picture-Alliance, ullstein bild, Shutterstock Last updated: July 2014 Article no.: BMI08303 Printed by: Druck- und Verlagshaus Zarbock GmbH & Co. KG Frankfurt (Main) Print run (October 2014): 5,000 This publication may be ordered from Publikationsversand der Bundesregierung Postfach Rostock Service telephone: (not a freephone number) [email protected] This brochure has been published as part of the public information efforts of the Federal Government. It is available free of charge and is not for sale.

211 211

212 212