Germany federal lands turn immigration
The basic law of the Federal Republic of Germany is the FGR Constitution adopted on May 23, 1949. Naturally, this law regulates the legal status of all residents and guests of the country. So the constitution guarantees the equality of all people before the law, the protection of human dignity.
In Germany, everyone has the right to develop one’s personality, since it does not violate the rights of others and does not infringe on the constitutional order or the moral law (Article 2); freedom of the person is inviolable (Article 3). The same art. Paragraph 3, paragraph 2, stipulates the equality of men and women. It is important in the context of immigration policy to analyze paragraph 3 of Art. 3: no one can be harmed or favored because of his sex, his origin, his race, his language, his place of birth and kinship, his religion, his religious or political views. No one can be harmed because of his shortcomings. Art. 4 guarantees freedom of religion and the unhindered exercise of religious rites.
Another interesting fact is that there is a gradation in articles: for example, in Art. 8, art. 9, art. 11, art. 12 (the right to peacefully assemble, the right to form unions, freedom of movement, and the choice of profession) uses the term “all Germans”. Of course, this is only a formal use, but based on this, we can say that for the state there is a gradation on ethnic grounds. And in the first place are everywhere and in all it is ethnic Germans.
In addition, the Basic Law of Germany gives the definition of a German. The German, within the meaning of this Basic Law, is, unless otherwise provided by law, the one who possesses German citizenship or who has been accepted in the territory of the German Empire, as of December 31, 1937, as a refugee or displaced person of German nationality or as a spouse or descendant of one of these persons. Recognizing citizenship by law, in Germany, still today there is an ethnic division of those who received citizenship.
Thus, it can be concluded that the Basic Law of Germany offers everyone the basic rights that are the equality of all before the law, men and women, but additionally stipulates who is granted all these rights: for the Germans, that is for those who have German citizenship. But under the legislative order, the Basic Law regulates also the situation of foreign citizens in the country, except for those points specified in the Aliens Act specifically.
Since 1965 in Germany there was the Law on Foreigners until 1990 with various amendments and changes, which led to the appearance of a new legislative act of more than thirteen pages. The 1965 law regulated significant aspects of the stay of foreign citizens in Germany: first of all, it concerned the length of stay, which depended on the purpose of stay, the rights and obligations of arrivals and, of course, also regulated labor immigration.
Law (Auslaendergesetz – AuslG – vom 9 Juli 1990) 1990 replaced the obsolete law, but many provisions remained the same: the changes affected foreign citizens who belong to the countries of the European Union, labor immigrants and the general order of stay in the country. This law was adopted on July 9, 1990, and entered into force on January 1, 1991. It is also interesting that, at the time of the adoption of the law, three federal states – Berlin, Bremen, Hamburg, demanded that the authorities allow further amendments to the law law that will operate on the territory of these lands. These three federal states are the leaders in terms of the number of immigrants living in this territory in general and, accordingly, of the Turks. Amendments that were made in these lands are insignificant and relate mainly to the processing of documents, fees and the number of foreigners accepted. The main feature that these lands received is the ability to establish annual quotas for the admission of foreigners.
The new law defined a foreigner according to Article 116 of the Basic Law of Germany – accordingly – a foreigner, he who is not German, i.e. does not possess German citizenship and is not adopted in Germany, as of December 31, 1937, as a refugee or displaced person of German nationality or as a spouse or child of one of these persons. In addition, the document clearly stipulates that this law does not apply to residents of states that belong to the European Union, since other legislative acts apply to these categories of foreigners – the European Union legislation that allows the free movement of labor within the European Union .
The 1990 law introduced a difference in the length of stay of foreign citizens in the country: two categories are allocated – up to three months – a short stay; and more than three months, which is considered up to the present time – a long stay. In addition, in order to enter the country, it is necessary to justify staying in the country. When submitting documents for entry into the country, it is necessary that they were properly issued, only in this case a visa and residence permit are granted. Requirements for obtaining a visa: medical insurance, certificate from the place of work, from the place of residence, documents on education and a certificate of income; In addition, it was necessary to provide a certificate stating that the arriving person had enough money to stay for a certain period of time in the country.
Reasons for refusal of entry: if a person previously stayed in Germany without a visa; if the residence of that person jeopardizes the basic interests of the FRG and its citizens; a ban on entry for stateless persons or with undetermined citizenship; for the unemployed. In addition, it is stipulated that in violation of the Basic Law of Germany, foreign citizens are detained until all the circumstances are clarified, and then they are expelled from the country without the right to enter.
A special paragraph regulates the stay of foreigners in the country for work: those foreigners who want to stay in the country for the purpose of working by definition are in Germany for more than three months.
In addition, there are a number of restrictions: foreigners can enter the country for this purpose only if they work not in the private business sector, but on the German employer; there are also a number of professions that foreign workers can engage in: scientific activity in all spheres, but only at the invitation through the government service of the Federal Republic of Germany or scientific foundations; for German employers, the same law specified restrictions on the recruitment of foreigners: they could employ such employees only if there was a deficit among workers of the same qualification of German origin or EU citizens. In addition, a foreign worker must obtain a work permit in the country, i.e. have a contract from the employer – permits could be issued for 6 months, a year, three or five years. At the expiration of the contract, it was necessary to extend or leave the country within three months, from the moment the contract was closed.
For such workers, the rules of entry for members of their families were very mild: a foreign worker could take his family members with him for the time of work, and all rules and duties were in effect for them, as for persons with German citizenship. This confirms the fact that if a foreigner has passed all the obstacles of employment and stay in this country, then he is really a valuable worker and a pious citizen who will work for the good of Germany and his stay does not threaten the security of the nation.
The share of Turkish workers among this category of foreign workers was extremely low, since the level of education in Turkey is much lower than in Europe and Germany. But, with the beginning of the 90s, one can observe such a tendency that the number of Turkish students in German universities increases. Forms of training were different: from financing by the Turkish education authority, granting talented youth grants to German authorities or scientific organizations and funds, paying students to study with their parents. Wishing to stay and find a job in Germany after graduation was great. But the new rules limited this desire of students: within three months after graduation, the student had to leave the country voluntarily or in respect of him applied special measures to expel from the country. But especially those cases were stipulated, if the student found work and the employer applied to the Ministry of Foreign Affairs, to provide a contract for this employee.
Of greatest interest to this study are those articles of the Aliens Act that stipulate the situation of refugees in the country, since after the declaration of the cessation of the recruitment of labor, the largest number for granting asylum was filed by Turkish citizens. The rules were the same as for the amendments that were made to the Aliens Act in 1984. Only the members of the refugee families were affected – now they were not granted asylum in all cases and this function was left to the German Immigration Service. Particularly stipulated the fact that once in the opinion of this service the refugee at the parent will not be threatened with danger, he will be returned back to his home. The right to grant citizenship to such an immigrant is not mentioned in the law, but in those amendments that came out a little later one can find a reservation that the rules for granting citizenship for refugees remain the same as for other categories of immigrants.
For the first time this legislative act introduced such a concept into German legal practice as “facilitating the granting of citizenship” (Erleichterte Einbuergerung). The categories of citizens to whom citizenship was granted in a facilitated order were identified.
Germany federal lands turn immigration