Dr. Manterfeld, Lawyer
On Wednesday , July 4, 2001 the report of the independent Government Immigration Commission has been released. The German Interior Minister Otto Schily will make the commissions recommendations part of a new law of immigration and foreigners which is expected to be implemented in the current legislative period. In a nutshell, the conclusion of the commission is, that Germany is a land of immigration and therefore will ease immigration rules.
Key issues of “new immigration”
The main target of new immigration law and politics is to attract more world class executives and highly trained workers. The commission recommends that initially roundabout 50.000 immigrants be allowed into Germany. That number includes 20.000 highly trained workers, who will be evaluated via a points system (similar to the Canadian system), while another 20.000 immigrants are to make up for shorter-term shortages in rapidly expanding fields such as information technology.
The immigrants shall be allowed to have their families join them, because one central political goal that new immigration policy want´s to meet is the integration of the immigrants who on the long run should become citizens or gain immediately a permanent right of residence.
Labour market-related immigration and entrepreneurs
New immigration distinguishes two groups and six different types of immigration.
One group of immigration is based on immigrants taking the initiative, the other group the first step being made by German based companies that are looking for staff.
The first three types of immigration look at foreign entrepreneurs, who should be admitted in unlimited numbers after appropriate scrutinity of their proposals, well trained young foreigners who would be selected through a points system, admitted in restricted numbers and immediately granted a permanent right of residence in Germany and foreign students intending to study in Germany.
The other three types of immigration refer to trainees recruited abroad by companies unable to fill their training vacancies with German residents (shortage staff for jobs where a resident applicant similarly cannot be found an finally top managers an scientists recruited by German based companies. Also it will be possible for immigrants with temporary residence status, such as students and shortage staff to apply for permanent residence through the points system during their stay in Germany.
The new law of immigration could already take shape in a parliamentary bill for the cabinet to approve by the beginning of September this year. The new immigration law will have an impact on many parts of the German law System especially the law of foreigners, the law of citizens, the tax law and the commercial law. In addition it has to be aware of the law system of the EU. Also there will be a great impact on the application of the existing law rules.