Immigration Law
June 14, 2007
The 500 pages of the new rules were approved by 398 of the parliament's 614 members, with the no votes coming from opposition parties, but also from some members of the Social Democratic Party, a partner in Germany's current ruling coalition.
Besides incorporating EU guidelines on immigration into national law, the reform adds further amendments to an immigration law passed in 2005.
The government's plan is aimed at cracking down on forced marriages, requiring that a spouse be 18 before entering the country. In line with the moves in other nations, Berlin has also introduced a requirement for those seeking to move to the country to have basic German language skills. Some foreigners entering the country will be asked to provide a digital photograph and fingerprints.
Under the law about 100,000 foreigners whose applications for asylum have been rejected will be able to stay in the country indefinitely provided they find a job by the end of 2009.
Following are some of the key areas of the reform:
New rules for spouses
Spouses who are citizens of non-EU countries can only join their partners if they are over the age of 18 and can demonstrate a basic knowledge of German before coming, although citizens who do not normally need visas to come to Germany, such as Americans or Japanese, do not have to demonstrate ability in German.
There are also exceptions for highly skilled workers and entrepreneurs. The age requirement is meant to discourage forced marriages.
Integration courses
Obligatory integration course have been introduced. If foreigners refuse to take the courses, they can be fined. Those on social welfare can have their benefits cut by up to 30 percent.
Labor market
It will be easier for foreigners to immigrate who wish to invest or create jobs in Germany. The reform lowers the minimum investment amount from one million to 500,000 euros (from roughly $1.3 million to $665,000) and the number of jobs created from 10 to five.
Domestic security
As a reaction to the suitcases bomb plot of July 2006, applicants for visas exceeding three months will be fingerprinted and "reference persons" for applicants in Germany can be investigated by security services.
Citizenship
In order to gain citizenship, foreigners will in future attest that they "understand the legal and societal systems and way of life in Germany."
Right of residence
A right of residence section of the reform provides a grandfather clause for foreigners who have been in the country for years with "tolerated" status. They will have the right to stay if, as of July 1, they have lived in Germany for at least eight years. For families with children, the requirement is six years. They must also be self-supporting, able to speak German and have no criminal record. Those without jobs will be given probationary period and have until the end of 2009 to find work.
Critics argue the reform goes beyond what the EU requires and makes life worse for many immigrants already living in Germany, while making immigration in general more difficult. Hartfrid Wolff, a parliamentarian with the free-market liberal FDP party, called the reform "piecemeal," and lacking an overall concept on controlling and guiding immigration. Green party politician Josef Winkler went further, calling the draft "harmful, cheap and disgraceful."
But German Interior Minister Wolfgang Schäuble defended the compromise and praised in particular the parts of the reform which encourage integration.
"Integration has to work," he said, adding that the federal, state and local governments all must work together toward that goal.