German Immigration Law
The Residence Act and the Freedom of Movement Act
The primary legislative framework for German immigration law is the Residence Act (Aufenthaltsgesetz, AufenthG) of 2004, which replaced the Foreigners Act (Ausländergesetz) of 1990 and represents a fundamental reorientation of German immigration policy from a discretionary system to a rights-based statutory framework. The Residence Act governs the entry, residence, employment, and integration of third-country nationals in Germany. The Freedom of Movement Act (Freizügigkeitsgesetz) implements the EU right of free movement for Union citizens and their family members. The Asylum Act (Asylgesetz) regulates the asylum procedure. The EU settlement permit (Daueraufenthalt-EU) grants long-term resident status to third-country nationals who have held a residence permit for five years and meet integration requirements, in implementation of the EU Long-Term Residents Directive.
The Blue Card and Highly Qualified Workers
The EU Blue Card (Blaue Karte EU), governed by § 18g of the Residence Act, implements the EU Blue Card Directive and provides a fast-track residence and work permit for highly qualified third-country nationals. Applicants must hold a university degree or equivalent qualification and have a job offer in Germany with a gross annual salary above a specified threshold, which for 2024 is €45,300 for shortage occupations and €43,800 for other regulated professions. Blue Card holders may apply for a settlement permit after 33 months of residence (21 months with German language proficiency at level B1). The Blue Card facilitates intra-EU mobility, allowing holders to move to other member states after 12 months.
The Skilled Workers Immigration Act 2020
The Skilled Workers Immigration Act (Fachkräfteeinwanderungsgesetz), which entered into force on 1 March 2020, marks a significant liberalisation of German immigration law for qualified professionals. The Act introduces a definition of skilled worker (Fachkraft) as a person holding either a qualified vocational qualification from a German chamber or a university degree. For skilled workers with vocational training, the Act eliminates the priority check (Vorrangprüfung), which previously required the Federal Employment Agency to verify that no German or EU citizen was available for the position. The Act also extends the job search visa for qualified professionals from three months to six months, allows qualified professionals to take up any qualified employment (not only in their trained occupation), and introduces the opportunity to take up employment for up to ten hours per week while undergoing language training.
Family Reunion
Family reunion (Familiennachzug) is governed by §§ 27 to 36 of the Residence Act. The right to family reunion extends to the spouse and minor unmarried children of a third-country national holding a residence permit. The sponsor must have sufficient living space and adequate financial resources to support the family. German language proficiency at level A1 is generally required for the spouse before entry, with exceptions for spouses of Blue Card holders, highly qualified workers, and researchers. The waiting period for family reunion of refugees was reduced from two years to zero following legislative reforms. Family members who join are entitled to a residence permit that is independent of the sponsor’s permit status after five years of residence.
Right to Asylum and Subsidiary Protection
Article 16a of the Basic Law (Grundgesetz) provides a constitutional right to asylum for persons persecuted on political grounds. The right is circumscribed by the safe third country rule: persons who enter Germany from an EU member state or another safe third country cannot invoke Article 16a. The Dublin III Regulation (604/2013) determines the member state responsible for examining an asylum application. Subsidiary protection is available for persons who do not qualify as refugees but face a real risk of serious harm, including the death penalty, torture, or indiscriminate violence in armed conflict. The national ban on deportation (nationales Abschiebungsverbot) may be issued where deportation would violate the European Convention on Human Rights.
Residence and Settlement Permits and Naturalisation
The temporary residence permit (Aufenthaltserlaubnis) is the standard permit for stays exceeding 90 days, issued for a specific purpose and renewed periodically. The settlement permit (Niederlassungserlaubnis) grants permanent residence and may be obtained after five years of holding a residence permit, subject to sufficient德语 language skills at level B1, adequate financial resources, and 60 months of contributions to the statutory pension insurance. The Nationality Act (Staatsangehörigkeitsgesetz, StAG) governs naturalisation, which generally requires eight years of lawful habitual residence (reduced from eight years to five years under the 2024 nationality law reform), proficiency in German at level B1, knowledge of the legal and social order, and a commitment to the free and democratic constitutional order.