NEW RULES OF IMMIGRATION AND INTEGRATION IN GERMANY.
Doctor of Law.
In recent decades, immigration has had a significant impact on the change in the image of Germany. A characteristic feature of this was the ethnic and cultural diversity of society. However, despite this, the country took a long time to recognize the reality of the formation of an immigration society.
The discussion on modern migration legislation for Germany that lasted for about five years ended on July 1, 2004 with the approval of the Bundestag (altogether with 4 votes against), and then the Bundesrat, the Immigration Act.
The new Immigration Law, which comes into force in early January 2005, can thus be based on a broad political consensus.
The basis for consensus was the course on:
- increasing the requirements for the qualifications of immigrants,
- forcing the process of integration of foreigners,
- taking into account the economic profitability of immigration with the presence in Germany currently 4 million unemployed.
Regulation of immigration with the help of the new law promotes the opening of the labor market for highly qualified foreign specialists, students, scientists, modern integration policies and improvement of the right to asylum.
The main provisions of the law establish:
- two residence permits: temporary and perpetual;
- an opportunity for people with high qualifications to immediately obtain an unlimited residence permit;
- an opportunity for foreigners, after completing their studies at German universities, seeking employment in Germany;
- Improvement of the right to stay in the country of victims of non-state prosecution and prosecution on grounds of gender;
- an obligation for new immigrants from outside the European Union to attend language and integration courses.
The Immigration Act replaces the Green Card, with which foreign specialists could work in Germany.
In total, 20,000 "green cards" were issued, 17.337 was used.
The distribution of green cards for foreign specialists was as follows:
- Australia - Oceania - 0.7%,
The German labor market will be more open to highly qualified foreigners compared to what the already existing provision on green cards for IT professionals allowed. If there are appropriate prerequisites, foreigners from the very beginning can obtain an indefinite residence permit and settle in Germany. Highly qualified foreigners can be granted a long-term residence permit if they have a specific job offer and are guaranteed financial provision for living without state assistance.
The new law for the first time clearly regulates the immigration of persons who have their own business. They receive a residence permit, if Germany sees in this their own economic interest and provided funding for the project. Wealthy foreigners who are able to invest at least 1 million euros in Germany and create at least 10 jobs, can count on support as immigrants.
There are more attractive conditions for studying at German universities. Before they finished their studies, they had to return to their countries. Under the new law, after a successful completion of studies at a university, a residence permit can be extended for up to one year so that they can find a job corresponding to their level of education. If there is a need for this, highly qualified university graduates should also be given the opportunity to acquire citizenship.
The new law stipulates the study of the language and the attendance of integration courses by all new immigrants not from the countries of the European Union. In the future, they can and should, after entering Germany, learn German in courses that are financed by the state.
The conditions of immigration are facilitated only for the named categories of persons: scientists, university students and persons having their own business.
With respect to the rest of the people, the ban on hiring foreign labor continues to operate, which has been in effect since 1973. True, from the leadership of German enterprises these limited opportunities for hiring foreign labor are being criticized. In conditions of a sharp fall in the birth rate, they predict a shortage of skilled labor and young scientists in Germany in the near future. However, the real motive for their position is the desire to preserve and increase their incomes and profits through lower wages for foreign workers.
In addition, against the background of 4 million unemployed in Germany, neither the ruling coalition nor the opposition can admit that the public, and this potential voters, will be ready to accept even more liberal conditions for immigration.
The improved right of asylum is granted to those who apply for asylum because of persecution for reasons of gender or persecution by non-state groups and must be recognized as refugees. Asylum seekers who, for example, can not be sent home because there is a war, can now in the first year receive a limited residence permit and thereby gain a more profitable status. In practice, this means the emergence of the right to work.
The rules concerning family reunification continue to function mainly. Children under the age of 18 have the right to come to Germany to be reunited with their parents if they have the right to asylum or refugee status in the spirit of the Geneva Convention on Refugees, but they must also learn German.
The government and the opposition agreed on a purposeful integration policy, which includes the duty to attend language and integration courses for both immigrants and foreigners who have long lived in Germany. Their visit will be mandatory, not voluntary. Such an approach will help to overcome the linguistic isolation of national communities and the future integration of immigrants into German society.
Foreigners who will be classified as "dangerous" may, by virtue of the new "Exile Order from the Country", be expelled from Germany, if such decision is taken by higher land or federal authorities. The legal basis must be a "prognosis of danger". The expulsion from the country of "preachers of hatred", calling for terrorist activities or threatening minorities, will be even more facilitated compared to the opportunities already available. Despite all objections to the fact that foreigners in principle can not be treated with distrust, the immigration authorities will have to request information from the federal agency for the protection of the constitution (federal security service) about all potential immigrants.
The content and legal regulation of Germany's immigration policy allows us to state its policy of intellectualizing entrepreneurship in the country through the development of science.
In the world market by the number of patents registered in the USA, Japan and Europe, Germany is a leader group with 127 patents per 1 million people. (Japan - 164, USA - 111, Great Britain - 92, France - 66). German small and medium business is particularly active in this area. 2
Since 1998, the government has increased budget spending on science by more than 20%, and until 2010 they will grow from 2.5% to 3% of the total social product.
Germany ranks third in the world in spending on science and development in the amount of 2.51% of the gross national product (Japan - 3.06%, the USA - 2.74%, France - 2.23%, Great Britain - 1.89% ).
A risk capital fund was established and a team of large experts was assembled. Leading representatives of politics, economics and science are trying to determine the decisive markets for the future. In the advanced technology market, Germany's share is ahead of Britain, Japan and France, behind only the United States (USA - 28.0, Germany - 10.6, Japan - 9.5, France - 7.3).
Currently, about 22,000 foreign companies operate in Germany, among them about 500 of the world's largest. They employ more than 2.7 million employees, and their investment, according to the German Federal Bank, only over the past year amounted to more than 11 billion euros.
The country is developing an industry that focuses not on labor intensity, but on science intensity. Investors are increasingly investing in science and development, turning Germany into one of the leading "think tanks" of the world economy. The development of key technologies of the future requires smart heads, people capable of overcoming borders, literally and figuratively, geographically and intellectually.
It can be considered a social innovation in the German economy, the Immigration Act, focused on the qualitative development of manpower, through the rational use of the immigration process in the context of globalization.
This approach is appropriate for use in specific conditions of modern Russia, which continues to lose its scientific, educational potential, manpower, which is experiencing the criminal consequences of illegal migration.
1 Deutschland. 2004. � 4.
3 FRG. Federal report on science. 2004;
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