In its Green Paper on economic migration (KOM(2004) 811) from January 2005, the EU Commission estimates that by 2030, there will be an influx of some more 20 million labour immigrants to the EU. Labour immigration has a long history in Germany. Since the end of the 1950s, many different immigrants hav come to work in Germany’s booming economy as a result of special agreements with Italy, Turkey, Yugoslavia and Morocco, among others.

According to the new German Residence Act, which entered into force on 1 January 2005, foreigners who come to Germany for the purpose of economic activity may apply for a residence permit. There are two kinds of residence titles, namely a limited residence permit and an unlimited settlement permit. The preconditions for the granting one of them depend on the specific employment purpose and the nationality of the immigrant.

A question of nationality

 

There are almost no restrictions for European citizens to come to Germany for the purpose of employment. For migrants from non-EU-States, so called third-country nationals, the right of abode mainly depends on qualifications. Even job-seekers from the ten countries that joined the EU in May 2004 will have to be patient: They will have to wait seven years before all restrictions related to their employment in Germany are lifted.

But there are exemptions for Turkish workers and their family members who are legally in Germany and who are subject to the Association Treaty between the EEC and Turkey. Taking into account the jurisdiction of the European Court of Justice (ECJ) these people have the right to work after they have worked for the same employer for a period of four years.

 

A question of qualifications

 

As mentioned above, being allowed to enter the country for third-country nationals essentially depends on their qualifications. The law distinguishes between employment that does not require any professional qualications, skilled employment, highly skilled employment and self-employed work.

 

In any case, there are six general general preconditions for the granting of a residence title. According to section 5 of the Residence Act, the issuing of a title presupposes, that

1) the applicant has entered the country with the necessary visa

2) he or she has a recognised and valid passport,

3) the foreigner's livelihood is secure,

4) the foreigner's identity and nationality is established,

5) no grounds for expulsion apply and

6) the foreigner's residence does not compromise or jeopardise the interests of Germany for any other reason. This last precondition applies only insofar as the foreigner has no entitlement to the granting of a residence title.

The series on German immigration law is to be continued. Read our next articles on immigration prerequisites for skilled and highly skilled workers.

 

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