The first German Aliens Law dealing with immigration matters came into force in 1965, during a large scale state-organized recruitment of foreign labor which took place from 1961 till 1966, followed by a new phase (1969-1973), in which mostly Turkish and Yugoslav workers were engaged. In the ‘70s Germans had to cope with the new phenomenon of large scale immigration of families joining foreign workers already residing in Germany.

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The first German Aliens Law dealing with immigration matters came into force in 1965, during a large scale state-organized recruitment of foreign labor which took place from 1961 till 1966, followed by a new phase (1969-1973), in which mostly Turkish and Yugoslav workers were engaged. In the ‘70s Germans had to cope with the new phenomenon of large scale immigration of families joining foreign workers already residing in Germany. Previous to this, there were administrative principles and practice, elaborated by courts in ensuing jurisprudence governing the situation of aliens on German territory.

Heinz Kühn (SPD), former prime minister of Northrhine-Westphalia, became the first Federal Commissioner of Foreigners’ Affairs [Ausländerbeauftragter] and presented a memorandum in 1979, in which he claimed that Germany had de facto become a 'country of immigration' and asked for the introduction of integration measures. In the same period the first research studies appeared according to which migrants suffered from culture shock and were traditional, authoritarian, insecure, isolationist, extremist, etc.. In the ‘80s the average migrant situation is much improved compared with the 1970s as far work and residence rights, income and life chances of children were concerned. In 1990 a new Aliens Law replaced the Aliens Law of 1965.

There was no statutory right to naturalization for aliens before 1993, when the so-called simplified naturalization process was turned into a legal right to German citizenship and codified into the Law on Foreigners and Aliens. Aliens under the age of 23 can claim naturalization as long as they had resided in Germany at least 8 years, had attended school 6 years, and had not been convicted of felony. Those 23 and older had to have lived in Germany for at least 15 years, not have been convicted of crime, and not be receiving social assistance. In 1999 the law was amended, with the introduction of easier rules about citizenship requirements and the addition of the ius soli to the ius sanguinis. a person is entitled to German citizenship when he or she is born on German territory and the following demands are met: (1) before the person's birth, at least one parent must have lived in Germany permanently and legally for at least eight years; (2) at least one parent must have had an unlimited right to residence [Aufenthaltsberechtigung] or an unlimited residence permit [unbefristete Aufenthaltserlaubnis] in Germany for at least three years. In general, Germany has now a much more modern and open concept of citizenship, but dual citizenship is possible only as exception from the rule.

In the 90s the new German nation state has realized the importance of encouraging immigration of skilled and socio-economically beneficial foreign labor force and has begun to accommodate this North-American inspired immigration policy through a modernized set of immigration laws. However, such economic-orientated approach has not brought any substantial change to the structure of the country’s immigration.

In March 2000 Germany adopted an American-like "Green-card" system: the German "Green card" is strictly limited and applicable to qualified foreigners who can contribute to the nation’s IT industry. In fact they were temporary migrants, without right to family union, and have been granted a conditional visa status that allows them maximum 5 years of contract period of employment and in the case of unemployment they are subject to immediate return to their home counties. A significant number of green card holders have suddenly become unemployed, affected by the recent downfall of German IT industry and faced with immediate repatriation to their home counties.

The Social democratic government’s proposed a comprehensive reform in March 2000 in order to efficiently promote state- approved immigration ("brain gain" approach) which potentially seeks mutual interests of both the receiving and sending states. The reform was presented as: "Draft bill aimed at controlling and restricting immigration, regulating the stay of foreigners and at integration EU citizens and foreigners (non-EU citizens)". (Gesetzentwurf der Bundesregierung: Entwurf eines Gesetz zur Steuerung und Begrenzung der Zuwanderung).

The draft of the new law shows a tremendous improvement compared with the exiting legislation on foreigners (Ausländerrecht) that had been far more exclusive for non-EU foreign migrants as the nation’s migration policy was strictly ethno-culturally orientated. It contained substantial changes such as flexible entry process of immigration (simplification of previously over-complicated and bureaucratic administrative procedure of all types of VISA applications) and more accessible naturalization that supported cultural diversification process.

Amongst the major changes included in the newly designed law of immigration were:

• Reduction of sojourn visa types from 7 to 2 categories
• Simplification of administrative process for all visa application
• Foundation of a new federal ministry for migration & asylum –seeking
• Acceptance of qualified foreign labor ("brain-gain") This involves a more selective approach to recruiting and the introduction of a North-American like "point system" to control the "quality" of immigrants.
• Developing a nationwide "integration program" to which foreigners were to compulsorily participate as well as the set up of a centralised Alien Register Bureau
• Permission of job application & employment possibility to foreign graduates
• Restriction of entry number of ethnic return migrants (up to "100,000" only per year)
• Children up to age of 18 of highly qualified migrants are allowed to join their family in Germany
• Age reduction of non-immigrants’ dependents for family reunion from 16 to 12 years old
• Freer movement within the EU of persons with the elimination of stay permission of EU citizens)
• measures aiming at promotion of voluntary return

The law also makes changes to the system of granting asylum. Approved asylum applicants would only receive temporary residence permits. After three years, authorities would determine whether the requirements for the approval are still being met; an unlimited residence permit will be issued only if this is still the case to (at present, approved asylum seekers automatically receive an unlimited residence permit).

On the other hand, the law offers a "Convention refugee status" to people who are subject to non-governmental or gender-specific persecution. Up to now, the residence of these refugees was simply tolerated through a temporary suspension of deportation, depending on the situation in the person's home country. These refugees would be granted protection against deportation in accordance with the 1951 Convention Relating to the Status of Refugees. Like approved asylum seekers, and after meeting the same criteria, they may receive an unlimited residence permit after three years.

The draft law of 2000 has been passed by the Parliament. The Constitutional Court decreed that the procedure for adoption of the law had been irregular, as a result of the method by which the votes were counted in passing the law. The draft, substantially unchanged is now being debated in Parliament in a new approval procedure.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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