Country Update 2023: GERMANY

Contributed by: Daniela Boehme

May 2023

1. Legislative Changes

I.a. 3 bills and 3 drafts:

1. Changes in residence and social law for war refugees from Ukraine as of 01.06.2022 (Immediate Supplement and Single Payment Act), i.a.

   • duty to undergo ID-treatment

   • full social support,

   • no check for assets in Ukraine

     
     

2. Law on the introduction of an opportunity residence law (Migration Package I, Chancenaufenthaltsrecht), in force since 31.12.2022 for people with a tolerated stay since October 2017, opportunity to i.a.

   • be mostly financially independent

   • pass the naturalisation test

   • prove their identity (passport) and 

   • prove A2 German skills within 18 months

     
     

3. Bill to accelerate asylum court proceedings and asylum procedures, in force since 01.01.2023, i.a.

   • asylum hearings possible as video conferences

   • translators can be called in by video

   • asylum revocation and return procedures are to be carried out only on an ad hoc basis

   • independent asylum procedure counselling service financed by the Federal Ministry of the Interior is to be introduced.

     
     

4. Draft law Migration Package II, was supposed to be adopted in autumn 2022 i.a. 

   • facilitation of family reunification

   • the lifting of the work ban for asylum seekers and tolerated persons

   • the facilitation of deportation (so-called "repatriation offensive")

   
   

5. Draft law on the further development of skilled labour immigration - "FEG 2.0" intends to facilitate visas and residence permits for skilled workers and academics, i.a.

   • employment opportunities for non-German students in addition to language courses and studies will be improved

   • even a non-qualified occupation should be sufficient for a right of residence for university graduates

   • no labour market test required anymore for third country national holders of a long-term EU residence right with a job offer in Germany

     
     

6. Draft amendment of the naturalisation act  facilitating of the naturalisation, i.a. 

   • possible after 5 years (before 8) 

   • accepting dual citizenship

2. Business Immigration

Highly Skilled immigration (Blue Card)

The gross annual income thresholds were updated for the Blue card, for regular professions to Euro 58,400, (46,400 in 2022) and for professions in which there are shortages (such as natural scientists, mathematicians, engineers, doctors and IT specialists) to Euro 45,552 (43,992 in 2022). These thresholds are tied to the yearly general pension insurance contribution assessment ceiling (jährliche Beitragsbemessungsgrenze der allgemeinen Rentenversicherung) .

Apart from that no relevant news, one has to wait for the results of the Coalition treaty. 

3. Family based immigration

No relevant news, one has to wait for the results of the Coalition treaty  (but the initial idea in the Coalition treaty, that A1-language skills should no longer be necessary in the visa procedure for spouse reunion is off the table, now only spouses of skilled workers shall be exempt) 

4. Asylum

• Ukraine as of June 4, 2023 1,069,729 registered war refugees from Ukraine in Germany

  • 845,878 based on Article 24 of Directive 2001/55/EC / § 24 residence act 

  • 101,855 applications pending decision

  • 86,796 submitted a request for protection

  • 35,200 still without an application for protection or residence. It might be more, because before 6/2022 there was no duty to register 

    
    

• Asylum (excluding Ukraine)

  • Asylum applications in 2022 244,132 (including second applications)

  • Asylum applications  in 2023 (until 4/2023); including second applications) Syria, Afghanistan and Turkey being the main countries of origin  

    
    

• Afghanistan: Federal reception program for specially endangered Afghans from 2022

  • Allowing mostly so-called local staff members and their families (not only core family) to come to Germany for maximum 20,000 persons 

  • Apart from practical issues due to understaffed embassies, the program has been stopped in 3/2023 because of the attempts of fraud in the visa distribution procedure

5. Deportation

• In 2022, 12,945 people were deported (excluding Dublin; main countries: Georgia, Albania, North-Macedonia) 

• Afghanistan: deportation stop since August 2021 

  
  

• Iran: deportation stop since October 2022 

  
  

• Dublin

  • in 2022: 68,709 transfer requests from Germany, 4,158 actually transferred (6,05 %)

  • in 2023 (until 4/2023) 29,126 transfer requests from Germany, 1,552 actually transferred (5,33 %)

  • no Dublin-deportations to Italy since February 2023

6. Citizenship

See plans in the Coalition treaty.