Germany: The Development of 

Migration and Citizenship Law in 

Postwar Germany

March 2017

The Law Library of Congress, Global Legal Research Center

(202) 707-6462 (phone) • (866) 550-0442 (fax) • law@loc.gov • http://www.law.gov
This report is provided for reference purposes only. 

It does not constitute legal advice and does not represent the official 

opinion of the United States Government. The information provided 

reflects research undertaken as of the date of writing. 

It has not been updated.
Germany: The Development of

Migration and Citizenship Law in Postwar Germany

Jenny Gesley

Foreign Law Specialist

SUMMARY Postwar migration into Germany started in the 1950s with ethnic German resettlers who 

were fleeing discrimination or persecution in the former communist “Eastern block” on the 

one hand, and actively planned labor migration into Germany on the other. The Act on 

Foreigners of 1965 and the Act on Foreigners of 1990 regulated only the entry into 

Germany and the residence status of foreigners. 

The rising number of asylum seekers and immigrants in the late 1980s made migration 

policy a focus of the federal elections in 1990. The discussion resulted in the “asylum 

compromise” in 1992, which amended the right to asylum for political persecution by 

introducing the concepts of safe third country and safe country of origin, and the airport 

procedure. In 2000, the lack of skilled workers in the IT-sector sparked another debate on 

reforming German migration policy, controlled migration, and Germany as an 

“immigration country,” which culminated in the adoption of the Migration Act in 2005. 

The Migration Act overhauled German migration policy and placed the focus on long-term 

residency for migrants, in particular for skilled workers, and on integration measures. The 

latest amendment to the migration framework, the Integration Act, entered into force in 

August 2016.

I. Introduction 

Germany has generally not been considered a “classical immigration country.” On the contrary, 

it is often classified as a typical example of a “labor recruiting country.” 1

 Although the German 

government was aware that a large number of guest workers and foreigners in general opted to 

stay in Germany instead of returning to their home country, it was reluctant to admit that

Germany had in fact become an immigration country. The integration of migrants was therefore 

lacking and there was no clear path to citizenship even for long-term resident migrants or their 

children. It was not until 2005 that the government formally recognized that Germany had 

indeed become an “immigration country.” 

In 2015, Germany’s population increased by 978,000, to a total population of 82.2 million, a 

1.2% increase. The population growth in 2015 represented the largest growth in population 

Germany has experienced since 1992 and resulted mainly from an increase in immigration. 2

 In 

1

 RITA CHIN, THE GUEST WORKER QUESTION IN POSTWAR GERMANY 25 (2007). 

2 Press Release no. 295/16, Statistisches Bundesamt [Destatis] [Federal Statistical Office], 82,2 Millionen 

Einwohner am Jahresende 2015 – Bevölkerungszunahme durch hohe Zuwanderung [Population at 82.2 million at 

the End of 2015 – Population Increase Due to High Immigration] (Aug. 26, 2016), https://www.destatis.de/DE/ 

PresseService/Presse/Pressemitteilungen/2016/08/PD16_295_12411pdf.pdf?__blob=publicationFile, archived at

http://perma.cc/7Z96-PLMZ. 

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Germany: The Development of Migration and Citizenship Law in Postwar Germany

fact, immigration to Germany was higher than ever before with a total of 2.14 million people 

immigrating to Germany in 2015, representing an increase of 46% compared to 2014. Forty-five 

percent of immigrants originated from Member States of the European Union (EU), 13% from 

other European countries, 30% from Asia, and 5% from an African country.

3

 Without 

immigration, Germany’s population would have declined. 

Slightly over seventeen million people in Germany—accounting for 21% of the country’s total 

population—have a “migrant background.” This represents a 4.4% increase compared to a year 

earlier.

4

 A person with a “migrant background” is defined by the German Federal Statistical 

Office (Destatis) as someone who was not born a German citizen or who has at least one parent 

who was not born with German citizenship. This includes foreigners, naturalized Germans, 

ethnic German resettlers, and descendants of these groups.5

 A “foreigner” is defined as anyone 

who is not German within the meaning of article 116, paragraph 1 of the German Basic Law, the 

country’s Constitution.6

 The definition includes anyone who only has a foreign passport but 

excludes people with dual citizenship, stateless persons, those with uncertain citizenship, and 

ethnic German resettlers. 

II. Postwar Migration into West Germany

Significant postwar migration into West Germany started in the 1950s. On the one hand, 

refugees, expellees, and emigrants were allowed to immigrate to West Germany because of their 

German heritage and because they were fleeing discrimination or persecution in the communist 

“Eastern block” (ethnic German resettlers).

7

 On the other hand, there was actively planned labor 

migration into West Germany (guest workers) to address the labor shortage that resulted from the 

economic boom. 

3 Press Release no. 246/16, Destatis, 2015: Höchststände bei Zuwanderung und Wanderungsüberschuss in 

Deutschland [2015: All-Time High for Immigration and Migration Surplus in Germany] (July 14, 2016), 

https://www.destatis.de/DE/PresseService/Presse/Pressemitteilungen/2016/07/PD16_246_12421pdf.pdf?__blob=pu

blicationFile, archived at http://perma.cc/3H9Z-RK2T. 

4 Press Release no. 327/16, Destatis, Bevölkerung mit Migrationshintergrund auf Rekordniveau [Population with 

Migrant Background at a Record High] (Sept. 16, 2016), https://www.destatis.de/DE/PresseService/Presse/ 

Pressemitteilungen/2016/09/PD16_327_122pdf.pdf?__blob=publicationFile, archived at http://perma.cc/6TRJJ4FM. 

5 Id. at 2.

6

 GRUNDGESETZ FÜR DIE BUNDESREPUBLIK DEUTSCHLAND [GRUNDGESETZ] [GG] [BASIC LAW], May 23, 1949, 

BUNDESGESETZBLATT [BGBL.] [FEDERAL LAW GAZETTE] I at 1, art. 116, para. 2, unofficial English translation at 

http://www.gesetze-im-internet.de/englisch_gg/basic_law_for_the_federal_republic_of_germany.pdf, archived at 

http://perma.cc/55HB-NZ2Z; Gesetz über die Einreise und den Aufenthalt von Ausländern im Bundesgebiet 

(Ausländergesetz - AuslG) [Act on Foreigners], July 9, 1990, BGBL. I at 1354, 1356, § 1, para. 1, 

http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl190s1354.pdf, archived at

http://perma.cc/3HEY-A8PH. 

7

 BASIC LAW, art. 116, para. 2; Gesetz über die Angelegenheiten der Vertriebenen und Flüchtlinge 

(Bundesvertriebenengesetz - BVFG) [Federal Act on Expellees], May 19, 1953, repromulgated on Aug. 10, 2007, 

BGBL. I at 1902, as amended, http://www.gesetze-im-internet.de/bundesrecht/bvfg/gesamt.pdf, archived at 

http://perma.cc/R5M2-DZQW. 

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Germany: The Development of Migration and Citizenship Law in Postwar Germany

A. Resettlement of Ethnic Germans

Ethnic German resettlers are considered Germans within the meaning of article 116, paragraph 1 

of the German Basic Law.8

 They are defined as people of German heritage from the successor 

states of the former Soviet Union and from other Eastern European States, as well as China.

9

Further requirements for acquiring “ethnic German resettler” status are that they were born 

before January 1, 1993; resided in the described territories either since the end of World War II, 

since March 31, 1952, or since their birth if a parent met one of the two record dates; left the 

described territories after December 31, 1992; submitted an application for recognition as an 

“ethnic German resettler”; and took up permanent residence in Germany within six months of 

leaving the designated territories.10 People who are not from one of the successor states of the 

Soviet Union must also prove that they suffered disadvantages or discrimination because of their

German heritage.11

Once someone has been recognized as an “ethnic German resettler,” he or she is automatically 

awarded German citizenship. Ethnic German resettlers have a legal right to attend free 

integration classes, which include language courses and courses about the German legal order, 

culture, and history.12 

Since 1950, a total of 4.5 million ethnic German resettlers, including family members, have 

immigrated to Germany. The number includes ethnic German settlers who left the designated 

territories before the record date of January 1, 1993.13 The numbers have been declining sharply 

since 2006. In 2014, Germany received 4,215 ethnic German resettlers.14

B. Guest Workers

In 1955, West Germany signed the first labor recruitment treaty with Italy, which became a 

model for later agreements.15 Several other bilateral labor recruitment treaties were concluded 

8 Federal Act on Expellees § 4, para. 3; Basic Law, art. 116, para. 1.

9 Id. §§ 4, 6.

10 Id. § 4, para. 1.

11 Id. § 4, para. 2. 

12 Id. § 9.

13 Bundesamt für Migration und Flüchtlinge [BAMF] [Federal Office for Migration and Refugees], (Spät-

)Aussiedler in Deutschland. Eine Analyse aktueller Daten und Forschungsergebnisse [Ethnic German (Re)settlers in 

Germany. An Analysis of Current Data and Research Results] 7 (Dec. 10, 2013), http://www.bamf.de/SharedDocs/ 

Anlagen/DE/Publikationen/Forschungsberichte/fb20-spaetaussiedler.pdf;jsessionid=707439FAB182 

58B0B9FBFB62085AE8C2.1_cid359?__blob=publicationFile, archived at http://perma.cc/P7LS-JBXV. 

14 Migration of German Citizens between Germany and Foreign Countries 1991 to 2015, DESTATIS, 

https://www.destatis.de/EN/FactsFigures/SocietyState/Population/Migration/Tables/MigrationGerman.html (last 

visited Jan. 11, 2017), archived at http://perma.cc/6TR5-QNBF. 

15 Vereinbarung zwischen der Regierung der Bundesrepublik Deutschland und der Regierung der Italienischen 

Republik über die Anwerbung und Vermittlung von italienischen Arbeitskräften nach der Bundesrepublik 

Deutschland [Agreement Between the Government of the Federal Republic of Germany and the Government of the 

Italian Republic on the Recruitment and Placement of Italian Workers in the Federal Republic of Germany] 

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Germany: The Development of Migration and Citizenship Law in Postwar Germany

with Spain, Greece, Turkey, Morocco, Portugal, Tunisia, and the former Yugoslavia in the years 

between 1955 and 1968.16 The guiding principle of the migration policy for guest workers in the 

1950s and 1960s was a “rotation principle.” Migrant guest workers were expected to stay in 

Germany for a definite period of time and then return to their countries of origin once they were 

no longer needed.17 As an example of that policy, the labor recruitment treaty with Italy initially 

provided for one-year work permits.18 In reality, most guest workers stayed in Germany and 

were joined by their families.19 

The labor recruitment programs were discontinued in 1973 due to the economic recession.20

Guest workers were encouraged to return to their countries of origin, but most decided to stay 

and applied for visas for themselves and their families. At the end of the 1970s, West Germany 

first acknowledged the continuing presence of a large number of migrants in the country and 

started a formal policy of “integration.”21 

III. Overview of the Legal Framework

A. Act on Foreigners of 1965 

The Act on Foreigners of 1965 regulated the entry into Germany as well as the residence status 

of foreigners.22 Additional regulations were codified in the Implementing Regulation on the Act 

on Foreigners.23 The Act did not specifically address guest workers or ethnic German resettlers. 

In fact, it did not differentiate at all between the different residence purposes, nor did it address 

questions of family reunification or social and political rights of foreigners. The courts and the 

administrative agencies filled in the gaps and developed guidelines and principles for the 

application of the Act.24

[German-Italian Labor Recruitment Treaty], Dec. 20, 1955, BUNDESANZEIGER [BANZ] [FEDERAL GAZETTE] 

No. 11/56, Jan. 17, 1956, at 1, http://www.italiener.angekommen.com/Dokumente/Abkommen.html, archived at 

http://perma.cc/3FMA-USQA. 

16 Kay Hailbronner, Die Rechtsstellung von Ausländern in der Bundesrepublik Deutschland [The Legal Status of 

Foreigners in the Federal Republic of Germany], in DIE RECHTSSTELLUNG VON AUSLÄNDERN NACH STAATLICHEM

RECHT UND VÖLKERRECHT [THE LEGAL POSITION OF ALIENS IN NATIONAL AND INTERNATIONAL LAW] 323, 329 

(Jochen Abr. Frowein & Torsten Stein eds., 1987).

17 CHIN, supra note 1, at 3. 

18 German-Italian Labor Recruitment Treaty art. 9, para. 4.

19 CHIN, supra note 1, at 3. 

20 Hailbronner, supra note 14, at 329.

21 CHIN, supra note 1, at 10.

22 Ausländergesetz [Act on Foreigners], Apr. 28, 1965, BGBL. I at 353, http://www.bgbl.de/xaver/bgbl/start.xav? 

startbk=Bundesanzeiger_BGBl&jumpTo=bgbl165s0353.pdf, archived at http://perma.cc/ETG7-ELMS. 

23 Verordnung zur Durchführung des Ausländergesetzes [DVAuslG] [Regulation to Implement the Act on 

Foreigners], Sept. 10, 1965, BGBL. I at 1341, http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_ 

BGBl&jumpTo=bgbl165s1341.pdf, archived at http://perma.cc/2HPM-H2KR. 

24 Hailbronner, supra note 14, at 331.

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Germany: The Development of Migration and Citizenship Law in Postwar Germany

Every foreigner who took up residence in Germany needed to apply for a residence permit.25

The Act provided that a residence permit should be granted if the “presence of the foreigner does 

not compromise the interests of the Federal Republic of Germany.”26 The Federal Constitutional 

Court held that the term “interests of the Federal Republic of Germany” was not 

unconstitutionally vague, and was necessary to enable the Foreigners’ Agency to be flexible and 

react to changes in the economic situation or to changes in development or foreign policy.27 

Children under sixteen years of age, refugees and displaced foreigners as defined in the Act on 

the Legal Status of Displaced Foreigners,

28 and foreigners covered under intergovernmental 

agreements were exempt from a residence permit.29 Foreigners who had been present in 

Germany for five years and who were integrated into the economic and social life could apply 

for an unlimited residence permit.30

In addition, the Act on Foreigners of 1965 contained a short section on asylum law. Foreigners 

who were granted asylum had a legal right to a residence permit.31 With regard to their legal 

status, it mostly referred back to the Convention Relating to the Status of Refugees of 1951.32

B. Law on EEC Residence of 1969

In 1969, West Germany enacted the Law on European Economic Community (EEC) Residence

to implement European Community (EC) law regarding freedom of movement for workers from 

EEC Member States, freedom of establishment, and freedom to provide services.

33 The rules 

were lex specialis to the general rules for foreigners contained in the Foreigner’s Act.34 The Act

contained provisions on the rights of movement and residence for workers,35 the rights of entry 

and residence for their family members,36 and the right to work. Section 3 codified the legal 

25 Act on Foreigners § 2, para. 1.

26 Id. 

27 Bundesverfassungsgericht [BverfG] [Federal Constitutional Court], 49 Entscheidungen des 

Bundesverfassungsgerichts [BVerfGE] [Decisions of the Federal Constitutional Court] 168, 182 et seq.

28 Gesetz über die Rechtsstellung heimatloser Ausländer im Bundesgebiet [HauslG] [Act on the Legal Status of 

Displaced Foreigners], Apr. 25, 1951, BGBL. I at 269, as amended, http://www.gesetze-im-internet.de/ 

bundesrecht/hauslg/gesamt.pdf, archived at http://perma.cc/3PAX-XV2E. 

29 Id. § 2, para. 2.

30 Id. § 8, para. 1.

31 Id. § 43.

32 Convention Relating to the Status of Refugees, July 28, 1951, 189 U.N.T.S. 137, http://www.unhcr.org/enus/3b66c2aa10, archived at http://perma.cc/B493-T5DY.

33 Gesetz über Einreise und Aufenthalt von Staatsangehörigen der Mitgliedstaaten der Europäischen 

Wirtschaftsgemeinschaft (AufenthG/EWG) [Law on EEC Residence], July 22, 1969, BGBL. I at 927, 

http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl169s0927.pdf, archived at 

http://perma.cc/QV3F-J48W. 

34 Id. § 15.

35 Id. § 1, para. 1, § 2.

36 Id. §1, para. 2, § 7.

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Germany: The Development of Migration and Citizenship Law in Postwar Germany

right to a five-year residence permit for persons belonging to a Member State of the EEC as long 

as the person was gainfully employed. The residence permit could be extended for another fiveyear period if the person was still employed.37 In addition, there were similar rules to guarantee 

mobility of businesses and self-employed persons within the EEC.

38

In 1970, citizens from EEC Member States made up around 25% of the total number of 

foreigners present in the Federal Republic of Germany.39

C. Return Assistance Act

In 1983, West Germany enacted the Return Assistance Act.40 The Act was part of the ongoing 

effort to encourage guest workers to return to their country of origin. It provided guest workers 

who came to West Germany as part of a labor recruitment program from a country outside of the 

EEC with “return assistance” in the amount of 10,500 Deutsche Mark. Requirements were that 

the guest workers could not be married to a German citizen; lost his or her job because the 

business or the main components of the business had been shut down or had gone bankrupt; had 

applied for return assistance by June 30, 1984; had been legally residing in Germany until the 

date of departure; and had permanently left Germany with his or her family between October 30, 

1983, and September 30, 1984.41 As a way to encourage swift return, the Act provided that if a

guest worker did not leave until after January 1, 1984, the amount of the return assistance would 

be reduced by 1,500 Deutsche Mark for every additional month. No return assistance would be 

provided after seven months.42 

Although the total numbers of foreigners dropped slightly, no measurable difference could be 

observed in the number of repatriations in 1983–1984 compared to previous years.43

D. Act on Foreigners of 1990 

The Act on Foreigners of 1990 mainly continued the policy codified in the Act on Foreigners of 

1965.44 It was passed on the premise that Germany was not an immigration country. It therefore 

37 Id. § 3, para. 3.

38 Id. § 1, para. 1, §§ 4–6.

39 Table 12521-0002, Foreigners: Germany, Reference Date, Sex, Country Groups/Citizenship, DESTATIS, 

https://www-genesis.destatis.de/genesis/online (select 1970 as “reference date” and EEC-6 as “country group,” then 

retrieve value). 

40 Rückkehrhilfegesetz (RückHG) [Return Assistance Act], Nov. 28, 1983, BGBL. I at 1377, http://www.gesetze-iminternet.de/bundesrecht/r_ckhg/gesamt.pdf, archived at http://perma.cc/44U3-4K3C. 

41 Id. § 1.

42 Id. § 2, para, 2.

43 TRIADAFILOS TRIADAFILOPOULOS, BECOMING MULTICULTURAL: IMMIGRATION AND THE POLITICS OF 

MEMBERSHIP IN CANADA AND GERMANY 130 (2012). 

44 Gesetz über die Einreise und den Aufenthalt von Ausländern im Bundesgebiet (Ausländergesetz - AuslG) [Act on 

Foreigners 1990], July 9, 1990, BGBL. I at 1354, 1356, http://www.bgbl.de/xaver/bgbl/start.xav?startbk= 

Bundesanzeiger_BGBl&jumpTo=bgbl190s1354.pdf, archived at http://perma.cc/3HEY-A8PH. 

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Germany: The Development of Migration and Citizenship Law in Postwar Germany

mostly codified decisions from the highest courts, introduced a system of different residence 

permits depending on the residence purpose, and tightened rules on expulsion. Goals of the Act 

were to provide legal certainty to migrants who were legally residing in Germany and to place 

limits on immigration from outside the EU. The explanatory memorandum to the Act provided 

that Germany’s capacity to take in immigrants was not unlimited and preference had to be given 

to immigrants of German heritage, foreigners fleeing political persecution, and EU citizens 

taking advantage of their freedom of movement. It stated that “Germany would not be able to 

continue an open and liberal foreigner policy if every time-limited stay resulted in a permanent 

residence right.”45 

However, the Act on Foreigners of 1990 contained new rules on spousal and family 

reunification,

46 and on legal rights and naturalization for second-generation immigrants.47 The 

children of foreigners who were born in Germany automatically received a temporary residence 

permit if the mother had such a permit, subject to extension. Once the child became an adult, the 

residence permit was converted into a permanent residence right.48 

In addition, naturalization for young people between the ages of sixteen and twenty-three, as well 

as for immigrants who had been legally residing in Germany for a period of fifteen years, was 

simplified.

49 The law provided that naturalization requests from young people should in general 

be granted if they gave up or lost their old citizenship, had not been convicted of a crime, had 

been legally residing in Germany for eight years, and had gone to school for at least six years.50

For immigrants who had been legally residing in Germany for fifteen years, the requirements 

were giving up or losing their old citizenship, no conviction for a crime, and the ability to 

provide for themselves and their dependents.51

Furthermore, the protection of spouses and children of those persecuted for political reasons was 

expanded and a “grandfather clause” for former asylum seekers whose deportation had been 

temporarily suspended was introduced.52

At the same time, though, the Act tightened the rules for deportation and the removal of 

foreigners, and expanded the discretion of the foreigners’ offices with regard to rescinding 

residence permits.53

45 DEUTSCHER BUNDESTAG: DRUCKSACHEN UND PROTOKOLLE [BT-DRS.] 11/6321, at 41, http://dipbt. 

bundestag.de/doc/btd/11/063/1106321.pdf, archived at http://perma.cc/86SX-G4XG. 

46 Act on Foreigners 1990, §§ 17, 18, 20, 22.

47 Id. § 21.

48 Id. 

49 Id. §§ 85, 86.

50 Id. § 85.

51 Id. § 86.

52 Id. § 100.

53 Id. §§ 43, 45, 46, 49.

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As the rules on freedom of movement for EU citizens take precedence over general foreigner’s 

law, the Foreigners Act of 1990 did not contain any provisions on that topic, but retained the 

regulation in a separate law.

54

E. Asylum Compromise of 1992 

From the late 1980s to 1992, the numbers of asylum seekers and immigrants in Germany steadily 

increased, in particular due to the war in the former Yugoslavia. In 1992, the number of 

immigrants reached an all-time high of 440,000.55 The approval rate for asylum applications, 

however, was at 4.3%.56 People in Germany felt that the government’s migration and asylum 

policy was too liberal and taken advantage of, and racially motivated attacks increased.57

Migration control and asylum therefore became key political issues in the election campaign in 

1990.58 In December 1992, the coalition government of the CDU/CSU and the FDP parties and 

the opposition party SPD agreed on the so-called “asylum compromise.” As a result, in 1993 

two acts entered into force that implemented the asylum compromise of the political parties.59

In order to reduce the number of immigrants and ensure that only those who were truly 

persecuted for political reasons were granted asylum, the compromise provided for an 

amendment to the Basic Law.60 Until then, article 16 of the Basic Law had stated that anyone 

who was persecuted for political reasons had a right to asylum with no exceptions. The 

compromise introduced the concepts of “safe third country” and “safe country of origin,” and the 

“airport procedure,” to fight abuses of that right. 

Applications for asylum were still assessed on an individual, case-by-case basis, but the 

compromise stipulated that applicants that arrived at Germany’s borders from another EU 

country or another neighboring country did not have a right to asylum and could be refused entry 

(the safe third country principle).61 In addition, a list was created that enumerated additional 

54 BT-DRS 11/6321, supra note 46, at 43.

55 BUNDESAMT FÜR MIGRATION UND FLÜCHTLINGE (BAMF) [FEDERAL OFFICE FOR MIGRATION AND REFUGEES],

AKTUELLE ZAHLEN ZU ASYL [CURRENT ASYLUM NUMBERS] 3 (Jan. 2017), http://www.bamf.de/SharedDocs/ 

Anlagen/DE/Downloads/Infothek/Statistik/Asyl/aktuelle-zahlen-zu-asyl-januar-2017.pdf?__blob=publicationFile, 

archived at http://perma.cc/9BX5-HM6Q. 

56 BT-DRS. 12/4125, at 3, http://dipbt.bundestag.de/doc/btd/12/041/1204125.pdf, archived at http://perma.cc/5GC5-

GGG7. 

57 Stefan Luft & Peter Schimany, Asylpolitik im Wandel [Changing Asylum Policy], in 20 JAHRE ASYLKOMPROMISS 

[20-YEAR ANNIVERSARY OF THE ASYLUM COMPROMISE] 11, 11 et seq. (2014). 

58 Id. 

59 Gesetz zur Änderung des Grundgesetzes (Artikel 16 und 18) [Act to Amend the Basic Law (Articles 16 and 18)], 

June 28, 1993, BGBL. I at 1002, http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl& 

jumpTo=bgbl193s1002.pdf, archived at http://perma.cc/N9GW-VUZE; Gesetz zur Änderung asylverfahrens-, 

ausländer- und staatsangehörigkeitsrechtlicher Vorschriften [Act to Amend Provisions on Asylum Procedure, 

Foreigners, and Citizenship Law], June 30, 1993, BGBL. I at. 1062, http://www.bgbl.de/xaver/bgbl/start. 

xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl193s1062.pdf, archived at http://perma.cc/8RKV-9TBD. 

60 BT-DRS. 12/4125, supra note 56, at 3.

61 Act to Amend the Basic Law (Articles 16 and 18) art. 1, no. 2.

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“safe countries of origin” with democratic systems and respect for the rule of law, human rights, 

and the rights of minorities. Asylum seekers from these countries could also be refused entry.62

The “airport procedure” applied to asylum seekers from “safe countries of origin” and to those 

who did not have a passport or other valid travel documents upon arrival at the airport. Under 

the procedure, the asylum seeker stayed in the transit area and a decision whether to grant him or 

her entry to the territory and to the general asylum procedure was made under an expedited 

procedure. If the immigration officer found that the application was “manifestly unfounded,” the 

applicant was denied entry to the territory and deportation was threatened as a 

precautionary measure.63

F. Migration Act of 2005 – Complete Overhaul of German Migration Policy 

In the spring of 2000, the lack of skilled workers in the IT-sector again sparked a debate on 

reforming German migration policy, controlled migration, and Germany as an “immigration 

country.”64 The government set up the “Independent Commission Migration,” which published 

its report in July 2001.65 The Commission found, among other things, that Germany had become 

an “immigration country” and was in need of highly qualified immigrants to offset the labor 

market shortage.66 The draft amendments to the new migration legal framework drew 

inspiration from the findings and suggestions of the report.67 

The Migration Act entered into force on January 1, 2005. It amended the Nationality Act and 

introduced a new Residence Act.68 For the first time, the focus was placed on long-term 

permanent residency for migrants, in particular for skilled workers, and on 

integration measures.69 

In addition, the rules on migration that were spread out over several acts and regulations were 

consolidated in the new Residence Act.

70 It simplified and reduced the number of residence 

62 Id. 

63 Act to Amend Provisions on Asylum Procedure, Foreigners, and Citizenship Law art. 1, no. 10.

64 Jürgen Bast, Zehn Jahre Aufenthaltsgesetz [Ten-Year Anniversary of the Residence Act], 2013 DIE ÖFFENTLICHE

VERWALTUNG 214. 

65 Unabhängige Kommission „Zuwanderung,“ Zuwanderung gestalten, Integration fördern [Framing Immigration 

Policy, Support Integration] (July 4, 2001), http://www.bmi.bund.de/cae/servlet/contentblob/123148/publication 

File/9076/Zuwanderungsbericht_pdf, archived at http://perma.cc/7JPU-36GJ. 

66 Id. at 12 et seq.

67 Bast, supra note 33, at 214.

68 Gesetz zur Steuerung und Begrenzung der Zuwanderung und zur Regelung des Aufenthalts und der Integration 

von Unionsbürgern und Ausländern (Zuwanderungsgesetz – ZuWG) [Migration Act], July 30, 2004, BGBL. I at 

1950, http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl104s1950.pdf, 

archived at http://perma.cc/4SAB-GN48. 

69 BT-DRS. 15/420, at 60, http://dipbt.bundestag.de/doc/btd/15/004/1500420.pdf, archived at http://perma.cc/MV54-

ZYLU. 

70 Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet 

(Aufenthaltsgesetz - AufenthG) [Residence Act], in the version promulgated on Feb. 25, 2008, BGBL. I at 162, as 

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titles to two, a temporary residence permit and a permanent settlement permit,71 and introduced 

the principle of “support and challenge.” Integration classes in which migrants learned the 

German language and culture were an integral part of that principle.72

In addition to the enactment of a new Residence Act, the Migration Act also codified changes to 

German citizenship law. In general, German citizenship can only be acquired through birth to a 

German parent.73 The amended Nationality Act provided that if a child of foreign parents was 

born in Germany, he or she would acquire German citizenship if one parent had been legally 

resident in Germany for eight years and had been granted a permanent right of residence.

74 

The new legal migration framework that was introduced in the Migration Act was amended 

several times over the years, most notably in 2007 with the Act to Implement Migration and 

Asylum Directives of the EU,

75 the Work Migration Control Act of 2008,76 the Second Act to 

Implement Migration and Asylum Directives of the EU in 2011,

77 and the Act to Implement the 

Highly Qualified Professionals Directive of the EU in 2012.78

amended, http://www.gesetze-im-internet.de/bundesrecht/aufenthg_2004/gesamt.pdf, archived at 

http://perma.cc/4J2Z-A4PA, unofficial English translation available at http://www.gesetze-im-internet.de/ 

englisch_aufenthg/englisch_aufenthg.pdf, archived at http://perma.cc/QTR3-SWEJ (English version updated 

through Sept. 6, 2013). 

71 Residence Act §§ 7, 9.

72 Id. §§ 43 et seq.

73 Staatsangehörigkeitsgesetz (StAG) [Nationality Act], July 22, 1913, REICHTSGESETZBLATT [RGBL.] [IMPERIAL 

LAW GAZETTE] I at 583, as amended, § 4, para. 1, http://www.gesetze-im-internet.de/bundesrecht/rustag/gesamt.pdf, 

archived at http://perma.cc/6BFT-HVRD, unofficial English translation available at http://www.gesetze-iminternet.de/englisch_rustag/englisch_rustag.pdf, archived at http://perma.cc/9PL9-DUUK (English translation 

updated through Nov. 13, 2014). 

74 Nationality Act § 4, para. 3.

75 Gesetz zur Umsetzung aufenthalts- und asylrechtlicher Richtlinien der Europäischen Union [Act to Implement 

Migration and Asylum Directives of the European Union], Aug. 19, 2007, BGBL. I at 1970, http://www.bgbl.de/ 

xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl107s1970.pdf, archived at 

http://perma.cc/CEG5-LPJL. 

76 Gesetz zur arbeitsmarktadäquaten Steuerung der Zuwanderung Hochqualifizierter und zur Änderung weiterer 

aufenthaltsrechtlicher Regelungen (Arbeitsmigrationssteuerungsgesetz) [Work Migration Control Act], Dec. 20, 

2008, BGBL. I at 2846, http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl 

108s2846.pdf, archived at http://perma.cc/2AF6-F72R. 

77 Gesetz zur Umsetzung aufenthaltsrechtlicher Richtlinien der Europäischen Union und zur Anpassung nationaler 

Rechtsvorschriften an den EU-Visakodex [Act to Implement Migration Directives of the European Union and to 

Conform National Norms to the EU Visa Kodex], Nov. 22, 2011, BGBL. I at 2258, http://www.bgbl.de/xaver/ 

bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl111s2258.pdf, archived at http://perma.cc/33QJYCR9. 

78 Gesetz zur Umsetzung der Hochqualifizierten-Richtlinie der Europäischen Union [Act to Implement the Highly 

Qualified Professionals Directive of the EU], June 1, 2012, BGBL. I at 1224, http://www.bgbl.de/xaver/bgbl/ 

start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl112s1224.pdf, archived at http://perma.cc/2QNZ-GTPJ. 

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G. Integration Act of 2016 

The latest amendment to the German migration framework entered into force on August 6, 2016. 

The Integration Act and the Regulation on the Integration Act aim to facilitate the integration of 

refugees into German society.79 The basic idea behind the legislation is a continuation of the 

policy of “support and challenge” (Fördern und Fordern), which had been introduced in 2005 in 

the Migration Act. Refugees who show the potential to integrate and have a good chance of 

staying permanently in Germany are provided with easier and faster access to integration classes 

and employment opportunities, while refugees who refuse to cooperate face a reduction 

in benefits.80

79 Integrationsgesetz [Integration Act], July 31, 2016, BGBL. I at 1939, http://www.bgbl.de/xaver/bgbl/ 

start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl116s1939.pdf, archived at http://perma.cc/SF3C-MY53; 

Verordnung zum Integrationsgesetz [Regulation on the Integration Act], July 31, 2016, BGBL. I at 1950, 

http://www.bgbl.de/xaver/bgbl/start.xav?startbk=Bundesanzeiger_BGBl&jumpTo=bgbl116s1950.pdf, archived at

http://perma.cc/FDS7-2XAA. 

80 Jenny Gesley, Germany: Act to Integrate Refugees Enters Into Force, GLOBAL LEGAL MONITOR (Aug. 15, 2016), 

http://www.loc.gov/law/foreign-news/article/germany-act-to-integrate-refugees-enters-into-force/, archived at

http://perma.cc/56PH-5CL2. 

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