FAQ
Status: 11/30/2022 04:05 a.m
The federal government wants to introduce new guidelines for immigration and naturalization with a whole bundle of measures. What is planned? What is the criticism about it?
the initial situation
In its coalition agreement, the traffic light coalition has set itself the task of turning migration policy upside down. This includes various topics, such as the right of residence, naturalization and the immigration of skilled workers. There is already a draft law for the so-called right to stay, which the Bundestag discussed in October. Parliament will vote on it on Friday.
The ministries of the interior, labour, economy and foreign affairs have jointly drawn up a key issues paper on the immigration of skilled workers, which is to be adopted by the cabinet today. In the case of naturalization, there is a first draft from the Ministry of the Interior, which is now being discussed.
What should change in the immigration of skilled workers?
The hurdles for immigration are to be reduced, making Germany more attractive for skilled workers from abroad. The Federal Cabinet intends to adopt key points on this today. The paper has already been coordinated between the responsible departments.
Among other things, it provides that people will be able to immigrate to Germany using a point system, even if they do not yet have a job.
Third-country nationals “with good potential” should therefore be able to stay there to look for a job. “We will introduce a job search opportunity card based on a transparent, unbureaucratic points system,” the paper says. Qualifications, language skills, professional experience, connection to Germany and age are named as selection criteria. After the key points, the cabinet should also approve the corresponding draft laws in the first quarter of 2023.
Why is that important?
The federal government justifies its project with a massive shortage of skilled workers. According to forecasts by the IAB, Germany could be short of up to seven million workers in 2035 as a result of demographic change, unless large numbers of skilled workers are recruited from abroad.
Which rules apply so far?
For a long time, people from non-EU countries only had unrestricted access to the German labor market with an academic education. Since March 2020, however, skilled workers with foreign vocational training have also been able to stay for six months to look for a job (Skilled Workers Immigration Act). For this, people need a recognized professional qualification and knowledge of German. In addition, they must be able to earn their own living during the search.
The recognition of the equivalence of professional qualifications is probably the biggest hurdle, according to the Institute for Employment Research (IAB) in a statement from October. “If Germany wants to noticeably increase labor migration, there is a high probability that it will dispense with the equivalency test in its current form or will have to reform it significantly.”
The system of controlling labor migration anchored in the Skilled Immigration Act is based on minimum criteria that could have a restrictive effect because they all have to be met at the same time.
What should change with naturalization?
Federal Minister of the Interior Nancy Faeser (SPD) wants German citizenship to be obtained after five instead of eight years. It should also be possible to have other citizenships in addition to German. For people over 67, there should be easier language proficiency tests and the naturalization test. Instead of some vague formulations, concrete reasons should be laid down when naturalization is excluded.
Advice on the controversial project is still in its infancy and is separate from the plans for immigration of skilled workers. Faeser wants to give her draft to the departmental vote soon, after which lengthy talks in the traffic light coalition are likely to begin – where the project raises concerns with the FDP. The Union, which is also critical, is largely left out – the new law will probably not require the approval of the Federal Council.
What should change in the right of residence?
The Bundestag is to vote on another project by the traffic light coalition on migration issues this week. Well-integrated foreigners who have been living in Germany for several years without a secure status should benefit from the planned law on the so-called right of residence. According to the plans, anyone who has lived in the country for five years and has not committed a crime will have 18 months to meet the requirements for long-term residence – this includes knowledge of German and securing their own livelihood.
What is criticized about the plans?
The parliamentary manager of the Union parliamentary group, Thorsten Frei (CDU), warned against “thrown around with the German passport across the board”. He rejects the planned points system for simplified immigration into the labor market.
Criticism has also not stopped at the planned reform of citizenship law. Frei sees no need for action here: Germany already has liberal citizenship law. There was also sharp criticism from the CSU. CDU leader Friedrich Merz now emphasized: The Union is not closing itself to “further modernization of immigration law and citizenship law in the Federal Republic of Germany. However, we also attach importance to the fact that citizenship is granted at the end of an integration process and not at the beginning”, he added.
The plans for naturalization are also controversial in parts of the FDP. FDP domestic politician Konstantin Kuhle told the “Welt”: “Even before the planned immigration law has been passed, the Federal Ministry of the Interior will present a draft law on citizenship law. That’s the wrong order.”