Term and General Definition of Immigration
Immigration refers to the permanent or long-term relocation of individuals into an area, usually across national borders, with the intention of living there and possibly becoming socially and economically integrated. Legally, immigration is understood as the admission of persons with foreign nationality into the territory of another country, particularly with the intention of a lasting stay. This can occur for humanitarian, familial, economic, or other reasons. Immigration is to be distinguished from short-term entry (e.g., tourism, business trips) and from internal migration within a state.
Legal Foundations of Immigration in Germany
International Agreements and Supranational Regulations
The legal framework for immigration is derived from national laws, EU regulations, and international agreements. The key international legal sources include:
- The 1951 Geneva Convention Relating to the Status of Refugees (GCR) and its 1967 Protocol
- The European Convention on Human Rights (ECHR)
- The International Covenant on Civil and Political Rights (ICCPR)
- Various bilateral and multilateral agreements addressing migration law matters
In particular, the European Union provides a special legal framework for cross-border movement and the freedom of movement of Union citizens due to the Schengen Area and the Entry/Exit Regulation (Regulation (EU) 2016/399).
National Law: Residence Act and Related Regulations
The central law governing immigration in Germany is the Residence Act (AufenthG). This law regulates entry, residence, employment, and integration of foreign nationals. It is supplemented by the Freedom of Movement Act/EU for Union citizens as well as the Asylum Act for persons seeking protection.
Further relevant provisions include:
- The Asylum Act (AsylG)
- The Freedom of Movement Act/EU (FreizügG/EU)
- The Nationality Act (StAG)
- The Integration Act
- Regulations on the employment of foreigners (BeschV)
- Social law provisions (especially SGB II and SGB XII)
Forms of Immigration
Labour Migration
Individuals may immigrate to Germany based on a specific job offer. Since the Skilled Immigration Act came into force and the introduction of EU Blue Cards (Art. 18 AufenthG) as well as IT specialist regulations, controlled immigration for highly skilled workers, professionals and certain occupational groups has become easier.
Requirements and Procedure
- Requirement of a specific employment contract and working conditions eligible for approval
- Recognition of the equivalence of professional qualifications
- Priority check or preference for domestic or EU applicants is waived in some segments
- Proof of accommodation and secured means of subsistence
Family Reunification
An important aspect of immigration is family reunification (Chapter 6 AufenthG). Spouses, minor children, or in exceptional cases other family members, may join persons already residing in the country provided that certain requirements concerning accommodation, language, and secured means of subsistence are met.
Asylum and Refugee Protection
Immigration due to flight, persecution, or acute danger in the country of origin is regulated by Art. 16a Basic Law and the Asylum Act. Germany grants protection on the basis of the GCR, subsidiary protection, and on grounds of a national ban on deportation. The complex administrative procedure includes individual hearings, judicial review by administrative courts, and legal consequences concerning integration.
Educational and Training-Related Immigration
Persons entering the country for study or vocational training purposes are subject to special regulations under § 16 AufenthG. Requirements include a place at a university or training institution, sufficient financial resources, and, where applicable, appropriate language proficiency. Graduates are offered facilitated transitions into labour migration.
Humanitarian and Other Reasons
Humanitarian immigration can occur, among other things, on the grounds of exceptional hardship, through temporary residence permits, toleration status, or for humanitarian reasons (§ 25 (4) and (5) AufenthG). Temporary programs such as resettlement or admission through federal and state quota programs also fall under this category.
Legal Procedures and Responsibilities
Application Procedures and Approval
The procedure for immigration into Germany depends on the purpose of stay and the country of origin. In most cases, a visa procedure abroad via German embassies is required, followed by subsequent administrative procedures with the local immigration authority.
For EU citizens, the principle of freedom of movement applies; residence without specific authorization is possible, but is subject to registration and, if applicable, proof of self-sufficiency.
Issuance and Extension of Residence Permits
The issuance, limitation, extension, conversion, or refusal of residence permits is governed by §§ 5 to 9 AufenthG and depends on compliance with public security and order as well as the securing of means of subsistence. The residence permit may take the form of a visa, residence permit, EU Blue Card, settlement permit, permanent residence permit-EU, or toleration.
Rejection, Revocation, and Expulsion
In the event of a refusal or subsequent annulment of an immigration decision, rejection notices, revocation of residence permits (§ 52 AufenthG), and expulsion orders (§ 53 ff AufenthG) may be considered. Grounds can include, for example, security concerns, serious criminal offences, or false statements during the procedure.
Legal Remedies
Legal remedies such as objection, administrative court action, and, where applicable, interim legal protection are available against adverse decisions in immigration procedures.
Integration and Resulting Rights and Obligations
Immigration gives rise to numerous rights and obligations. The integration of new residents is supported by law through integration courses, job-related language training, and advisory services (§§ 43 ff AufenthG). Obligations to participate in integration measures, registration, and cooperation duties are legally stipulated; violations can have consequences under residence law.
Essential rights include access to healthcare, education, the labour market (depending on the purpose of stay), social security, and civic participation, though these vary according to residence status.
Distinction from Immigration and Migration
While immigration refers to the actual movement of persons into a specific state, the term ‘Einwanderung’ (immigration) often refers to the formal and permanent change of residence with the intention of permanent settlement. Migration, by contrast, encompasses all movements (including emigration), regardless of duration, direction, or motivation.
Statistics and Monitoring
The Central Register of Foreigners (AZR), the Federal Statistical Office, and the respective state authorities maintain statistics on immigration. The data serves the application of law, assessment of integration needs, and steering of migration policy measures.
Literature and Sources
- Residence Act (AufenthG)
- Freedom of Movement Act/EU (FreizügG/EU)
- Asylum Act (AsylG)
- Geneva Convention Relating to the Status of Refugees (GCR)
- European Convention on Human Rights (ECHR)
- Federal Office for Migration and Refugees (BAMF)
- Regulation (EU) 2016/399 (Schengen Borders Code)
- Federal Statistical Office: Statistical Data on Migration and Integration
Note: This article provides a comprehensive and systematic overview of the legal aspects of immigration in the sense of a legal lexicon and is based on the currently prevailing statutory provisions and international regulations.
Frequently Asked Questions
What are the legal requirements for obtaining a permanent residence permit in Germany?
For a permanent residence permit, such as a settlement permit or the EU permanent residence permit, various legal requirements must be met. Generally, applicants must have held a temporary residence permit for several years—usually for at least five years. Applicants must be able to secure the means of subsistence for themselves and their family members independently and without recourse to public funds (except for certain social benefits such as child benefit). Sufficient accommodation is also required for issuance. Language skills at level B1 of the Common European Framework of Reference for Languages often have to be demonstrated. In addition, knowledge of the German legal and social system must be proven by attending the so-called “integration course.” Unrestricted employment and the absence of criminal offences or serious administrative violations are further necessary requirements. In special cases, such as for highly qualified persons or recognized refugees, facilitated conditions may apply.
What legal regulations apply to family reunification with foreigners in Germany?
Family reunification with foreigners is governed by the Residence Act and requires that the foreigner living in Germany hold a residence permit with sufficient validity. Family members—usually the spouse and minor unmarried children—must apply for a visa for the purpose of family reunification and substantiate the family relationship. Minor children are generally allowed to join their parents; in the case of spouses, it is checked whether a “genuine” marriage exists (to exclude sham marriages). Further requirements include sufficient accommodation and securing means of subsistence, including adequate health insurance. Spouses must generally provide evidence of basic German language skills (A1). Special restrictions apply to refugees with subsidiary protection, as there is an annual quota and potentially longer waiting times.
Under what legal circumstances can an asylum application be rejected?
An asylum application can be rejected for various legal reasons. According to the Asylum Act and the Residence Act, recognition is excluded if the applicant comes from a so-called ‘safe country of origin’ or already enjoys international protection in another EU Member State. Rejection also occurs if individual persecution or threat cannot be proven, or if it is apparent that the application was filed for economic reasons. Further grounds for rejection include the presence of exclusion factors, such as serious criminal offences, threats to the security of Germany, or unresolved identity despite a duty to cooperate. The rejection is issued by the Federal Office for Migration and Refugees (BAMF) and can be reviewed by the administrative courts with information on legal recourse.
What legal options exist to challenge deportation?
There are several legal remedies available against an impending deportation. Affected persons may file an action before the administrative court in due time or apply for interim legal protection against deportation (§ 80 (5) VwGO). In addition, so-called bans on deportation according to § 60 AufenthG or § 25 (5) AufenthG can be asserted if, for example, deportation would pose a specific risk to life, limb, or liberty in the country of origin. Usually, a provisional ban on deportation is in place during ongoing proceedings. The hardship commission at state level can, in special exceptional cases, propose long-term residence. It is also possible to apply for toleration for persons who, for legal or factual reasons, cannot be temporarily deported.
What are the legal provisions regarding employment of immigrants?
Employment for immigrants is governed by the Residence Act (AufenthG) and the Employment Ordinance. Generally, employment as an employee or self-employed activity requires a corresponding residence permit with explicit work authorization. Often, the consent of the Federal Employment Agency is required, which checks whether preferential employees are unavailable or whether working conditions are customary locally. Special and sometimes facilitated rules apply for specific groups such as highly qualified individuals, professionals with recognized qualifications, future trainees, or students undertaking internships. Asylum seekers and tolerated persons are usually granted access to the labour market only after a waiting period and under certain conditions. Violations of these provisions can lead to expulsion or criminal consequences.
What legal obligations apply to immigrants after entering Germany?
After entering Germany, immigrants are obligated to promptly register with the local registration authority responsible for their place of residence. They must present a valid passport or substitute document and, if applicable depending on their nationality, a valid visa or residence permit. Employment may only be taken up after obtaining a work permit or a residence permit with the corresponding endorsement. In addition, many groups are required to attend integration courses (§ 44a AufenthG). Immigrants have an obligation to cooperate with immigration authorities; for example, they must promptly notify of changes in their personal circumstances or residence status. Violations of these obligations may result in disadvantages under residence law, up to and including loss of the residence permit.
What are the legal differences between the various residence permits in Germany?
There are numerous residence permits under the Residence Act: visas, residence permit, EU Blue Card, settlement permit, and the EU permanent residence permit. The residence permit is usually temporary and granted for specific purposes such as studies, employment, family reunification, or asylum. The EU Blue Card is aimed at highly qualified individuals and is subject to specific salary thresholds and employment conditions. The settlement permit and the EU permanent residence permit are permanent, but require a prior residence period of several years and further integration achievements. The rights regarding access to the labour market, social security, or freedom of movement within the EU differ considerably depending on the type of permit. There are also differentiated legal requirements for switching from a temporary to a permanent title.
