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FEDERAL STATE AUTONOMOUS EDUCATIONAL

INSTITUTION FOR HIGHER EDUCATION

NATIONAL RESEARCH UNIVERSITY

HIGHER SCHOOL OF ECONOMICS

Faculty of Social Sciences

Master thesis

Modern Migration Policy in Germany

Field of study 38.04.04 Public Administration and Municipal Management

Master's program `Population and Development'

Lopukhov Ilya Sergeevich

Reviewer

Candidate of Sciences (Phd) Chudinovskikh S. Olga

Scientific Supervisor

Doctor of Sciences Denisenko B. Mikhail

Content

• Introduction
• 1. Migration in Germany
• 1.1 Dimension of definitions of migration
• 1.2 Dimension of causes, motives of migration and push-pull model
• 1.3 Migration typologies
• 1.4 Migration crisis and current situation in Germany
• 2. Historical dimension of the German migration policy and recent changes
• 2.1 Phase 1: Post-War Germany and the Threefold Immigration 1945-1954
• 2.2 Phase 2: Recruitment policy for guest workers 1955-1973
• 2.3 Phase 3: Consolidation and integration policy 1974-1980
• 2.4 Phase 4: Limiting policy as the turning point of migration policy 1981-1990
• 2.5 Phase 5: Focus on asylum policy 1991-1997
• 2.6 Phase 6: Nationality Reform and Immigration Act 1998-2004
• 3. New immigration and integration policy 2005-2016
• 3.1 Labour migration in Germany
• 3.2 Acquisition of citizenship in Germany
• Conclusions on the chapter
• 4. Integration policy and monitoring in Germany
• 4.1 Index of integration MIPEX
• 4.2 Integration Monitoring System in Germany
• 4.2.1 Organization of the monitoring system
• Conclusions on the chapter
• Conclusion
• Literature


Introduction

It is not a secret that the whole Western Europe, as well as the Eastern part, is under pressure from many waves of refugees from the Middle East. At first that seemed attractive from an economic, social, moral and cultural point of view of legislation to increase the flows of migrants, but now it is pretty detrimental to the economy of Germany and Europe as a whole. This migration crisis, or else it is called the European migration crisis, the European Commission has already recognized as the biggest since the Second World War.

The size and nature of a momentary crisis provoked a mixed reaction in the world. Some, referring to the experience of the Roman Empire embraced migration crisis as a beginning of the end of European civilization. For others, the current situation of migrants has become a manifestation of the inefficiency of the European institutions and organizational structures created for the management of migration flows, a symbol of the failure of the policy of "managed migration". For modern science, however, the migration crisis was not something unexpected in Europe. According to experts, it is the cumulative effect of the interaction of a number of factors such as the global economic crisis; deepening social inequalities in many countries; the effects of armed conflicts and civil wars, the destabilization of these countries, etc.

One of the distinguishing features of the current crisis is a fusion of several migration streams - legal, illegal economic migration and refugees - in a powerful stream. Hence, such a mixed national-ethnic composition: Syrians, Egyptians, Libyans, Nigerians, Afghans, Pakistanis, etc. The basic structure of refugees - is the Syrians (29%), half of them asked for asylum for the first time in Germany, 14% of all refugees in Europe - it is the people of Afghanistan, 10% - the Iraqis. Y Aydin - 2014 - The new Turkish diaspora policy: its aims, their limits and the challenges for associations of people of Turkish origin and decision-makers in Germany

Thus, getting a huge number of workers from third world countries, Germany also loses its nationality in the labor market. The Germans, in view of the increased competition due to the low labor costs of visitors, are forced to emigrate to other countries in search of work. This leads to an increasing wave of mass emigration from Germany.

The problem of immigration and immigration policy are the subject of study of various branches of science. A significant contribution to the development of theoretical problems of migration of the population were proposed by V.A. Iontsev as well as classification of the main approaches to the study of migration and the concept of a three-stage migration process, developed by L.L. Rybakovsky and A.V. Pohlebaeva. O.S Chudinovskikh and M.B. Denisenko supplied complete information on the theory of migration, as well as a comparative analysis of the migration policy of the Western countries. In the article by Sukhov was studied in detail the theory of migration, migration networks, the problem of integration, as well as shows the spectrum of the possible consequences of the migration of the crisis and the ways of its solution. Using theoretical models presented by the authors of these studies, possible to trace the formation of Germany's immigration policy at all stages of the immigration process.

Due the fact that in Russian literature, with rare exceptions, are poorly understood basic legal categories of foreigners in Germany, the differences between them and the benefits (social and political rights), acquired in the legal category, while writing this work the focus is mostly done on the German and English language-based literature, articles and resources. In the works of Aybek and von Gostomski were presented preliminary findings of the research project Transnational Migration in Transition. Zimmermann made a detailed study of the migration process and the dynamics of the impact on the country as a whole labor migration to Germany, just as big a role given to the methodology of adaptation of migrants and the development of labour market in Germany. In the studies by Bade and Block it can be found the full conceptual apparatus is related to migration in Europe and Germany as well. Articles by Menz, Afonso, Pellizari, Suwankiri, B Galgуczi, J Leschke aimed on trying to understand and reveal the concept of labor migration to Germany, as well as to increase the efficiency of labor migrants and the problems of unemployment from 1945 till 2016.

Great emphasis is placed on international work on migration and social policy in Germany and the countries of the west. In the works by Lutz, Erel and Zincone were analyzed major amendments of modern migration policy their impact on the social and economic development of Western countries. Also in the articles by Bauer and Klaus were studied some problems, that can be caused by cultural and ethnical diversity. The same was made the qualitative analysis of media based on general and modern releases, that can help to evaluate the rapid reaction of society, where it was assessed the potential risks and consequences of the migration crisis, have been carried out basic and the most recent amendments to the immigration laws of Germany and evaluated their effectiveness.

The object of the research is immigration policy pursued by the leadership of Germany and unified Germany in the period from 1955 to 2016. The subject of research - the stages of formation, the basic directions and mechanisms of the immigration policy of Federal Republic of Germany and unified Germany. Both quantitative and qualitative research methods were used in the work.

The work consists of four parts, each of which reveals certain aspects of Germany's immigration policy. In the first chapter, the changes in the definition of migration, its main motives and causes, the typology of migration, as well as the analysis of the migration crisis in Germany and its causes were studied in detail. In the second chapter, the history of the development of Germany's migration policy has been described in detail and described from the post-war years to the last years. The third part consists recent changes in immigration and integration policy of Germany. Labour migration and the acquisition of German citizenship has been studied in detail. The fourth chapter focuses on the integration policy of Germany, as well as studied and analyzed international and municipal indices of integration of migrants. After that, the obtained conclusions and the list of literature are given.

1. Migration in Germany

1.1 Dimension of definitions of migration

The term "migration" has been used inconsistently, with the result that numerous definitions are opposed. In general, migration or migration to Everett S. Lee (1966) is defined as a permanent or semipermanent change of residence. However, depending on the theoretical background or descriptive interest, different views of the complex phenomenon are considered in the definitions of migration. Ernst George Ravenstein (1885), who is the founder of modern migration research, understood migration as a social process in which groups, politically and economically influenced, move along chains. Thus, migration was already described as a complex process at the end of the 19th century, which is determined by a variety of behavioral and boundary conditions. According to the Federal Ministry of the Interior, migration takes place when persons (migrants) move to different places of residence in the medium or long term, change their place of residence or food point across borders into another country. However, some scholars define migration as "any longer-term, spatial displacement of the center of gravity over a longer distance, which results in a leaving the social space of action." Or "Migration is the permanent or unpermanent change to another society or in a different region of one or more people”. Similarly, according to the revised United Nations Recommendation on the Statistical Survey of International Migrants of 1998, those people are understood as migrants who are for a period of at least a year move from the permanent residence from their country of origin to another country.

From a descriptive perspective or a specific perspective, the respective definitions can be based primarily on differences in the spatial as well as temporal dimension of migration. In general, such movements of persons and groups of persons (spatial movement) in the social sciences are perceived as a permanent change of residence. For political science there are, moreover, foreigners' Development policy. Politically uncontroversial is that migration can be interpreted as a migration movement across national borders. The greatest discrepancies in the political interpretation of migration are therefore reflected in the question as to the date from which a migration from a state or an immigration into another state can actually be established. In addition, studies have shown important impulses, such as citizenship or the European comparison of immigration and asylum policies.

1.2 Dimension of causes, motives of migration and push-pull model

Migration can be politically, economically, ecologically, demographically, socially or culturally motivated; However, the respective migration decisions originate from a multifactorial cause. Some common causes of migration are the search for new and improved living conditions, the search for work and the protection against persecution. Above all, the migrants strive to manage their own situation on the principle of "economic rationalism".

Ernest George Ravenstein (1885/1889) already laid the foundations for the structure of the migration in his "The Laws of Migration". Thus, as stated above, he formulated the premise that the essential basis of human migration is to improve their material living conditions. Against this background, Ravenstein dealt exclusively with labor migration. People moved into the new industrial districts, with decisive reasons for the influx of people being better living conditions. As a result, the migration of the surplus population from the underdeveloped to the more developed areas with flourishing trade and industrial settlement for Ravenstein was normal. These economic and demographic factors include the labor market situation, the wage level, population development, etc. The interaction of these factors in the place of origin and the destination is referred to as a "push-pull model". The point of departure of this push-pull model is, however, the view expressed in Ravenstein's “The Laws of Migration”, which he himself formulated as a "Gravity model": this gravity model is based on the thesis that "an inverse connection between the frequency of migration and geographic distance exists ".

Ravenstein had noted that with increasing distance from the immigration area the number of migrants declined. Migration between neighboring countries is thus more conceivable than between more distant places or regions. The flow of immigrants from Mexico to the US could be mentioned as a point of reference. However, this assumption of gravity is not confirmed from today's point of view "because the frequency of immigration nowadays depends more on the restrictive political and legislative provisions of the receiving countries, and less on geographical distance." M. Denisenko, V.A Iontsev, B.S Horev - Migratsiologiya 1989.

In addition, Everett S. Lee (1966) presented the importance of the "push and pull factors" of migration in his migration theories : All the factors of the area of ??origin of migrants which caused to the emigration. It can be "political and religious persecution, economic crises, interstate wars, civil wars, environmental and natural catastrophes, etc." or "low wage levels and poor job and professional chances for certain social strata or in certain economic areas" . In contrast, the "pull factors" (factors of attraction) can be used to summarize all the factors of the immigrants' target or immigration location, which motivate them to immigrate. The following can be counted as "political stability, democratic social structure, religious freedom of belief, prosperity and better possibilities of education and merit."

As mentioned above, the general situation on the labor market, which is deficient in migrants' place of origin and more desirable in the destination, can be characteristic of key push and pull factors. Three specific parameters are relevant to the causes of migration: 1. Existing differences in the employment situation (job-vacancy hypothesis). Examples include unemployment in the area of ??origin versus job offers in the target area. 2. Existing differences in the income situation (income-differentials hypothesis), such as higher wages in the target regions. 3. Personal relations with relatives or acquaintances who have already emigrated, and "information channels" about the target region, which contribute decisively to the determination of migration. This third factor is referred to as information hypothesis (migrant-stock variable) and represents the first extension of the push-pull model.

The presence of immigration networks (migration networks) in the sense of a practical support of new migrants by already established immigrants also plays an important role: "The more country people are already in the host country, the more easily personal knowledge and abilities can be achieved Nationality, or culture. "The causes and motives of migration are thus not always based on the rational economic advantage to be expected, but are often more oriented on the social and emotional links. This relatively new record of "migration networks" was confirmed by a study by Thomas Faist (1997) on the question of why "there are relatively few international migrants" and "why, despite the partial favorable opportunities for international migration, many potential migrants, To shape their future in the country of origin." It is assumed that the causes of the decision (eg, families, households), weak (eg neighborhoods, brokers) as well as symbolic (eg, religious communities) social ties and the social Capital can be seen. Thus, Faist stressed a "meso-linking member" between the so-called micro-level of the individual and the macro-level of superordinated structures. The meso-linker links the social capital incorporated into migration networks, following Bourdieu (1983). The term "social capital" is found in Faist: "all those resources that allow actors to realize their individual or collective goals with the help of social connections within groups or participation in networks. Such potential or factual resources with regard to possible migration include, for example, information about jobs in a potential destination country or about travel opportunities, but also the existence of norms such as reciprocity. "Social capital in social relations networks thus has two effects or functions an "adaptive function", facilitating the integration of migrants, and also a "selective function" by allowing the support option to specific groups (eg, family members, friends). In the analysis of migration processes, Faist differentiated the following three dimensions more precisely: "The macrostructural level (political, economic and cultural factors, once in the sending and receiving countries and on the other in the international context), the individual level (degree of individual autonomy of potential migrants, their plans and resources); Linked by the relational level (social ties and social capital of potential migrants). A Bloch, C Levy - 1999 - Refugees, citizenship and social policy in Europe

Migration is thus not regarded as a one-way street, but as a relational network of individuals in a "transnational social space". In the context of this transnational social space, not only permanent resettlement but also pendulum migration are conceivable. As a result, the importance of the so-called "pioneer migration" and the chain migration (chain migration) following it is to be regarded as particularly large, whereby this network migration largely escapes the control or regulation by means of migration policy. With the concept of the meso-linker of Faist within the framework of migration networks of the social capital, some migration effects can be explained, such as, for example, why residents of the villages A, B in Turkey are concerned for different target countries (eg Germany, France, .) GJ Borjas - 2009 - Issues in the Economics of Immigration and move into them. An explanation for this could be the fact that in these countries, more extensive ethnic communities have existed for several decades, which have established themselves as a result of the recruitment of workers from these villages. There is also active communication with the villages of origin. Consequently, it is also clear why, however, there was no international migration of residents from the other Turkish village C: the residents of village C do not have a migration network and no corresponding social capital for migration dynamics such as their influence on chain migration. It should be noted, however, that "due to the difficult transfer of social capital, there is no international migration from certain villages and thus processes of chain migration do not develop" or become brittle and even lead back to the place of origin. Social networks of relationships between the region of origin and the destination have therefore a considerable influence on migration decisions, migration targets and the extent and dynamics of the migration process and, according to recent research, seem to be even more important than just economic factors.

Migration networks and the immigration system in the receiving country are also of great importance due to the existence of migration networks in the transnational social area, particularly as regards migratory migration and the fight against the causes of migration. Iontsev VA International migration of population: theory and history of research. - : Dialog, the Moscow State University, 1999; As a result, "selectivity" has proved to be an important issue in migration processes: "Not only is state migration policy selective, but also selective processes can be observed on the individual level, for example, through a pronounced network structure. According to selective migration processes, different countries have different migratory patterns. Through institutional selectivity, immigration is strongly influenced by the immigrants' integration chances. "Many recipient countries thus pursue a" selective migration policy ", which means that the target countries open up immigration possibilities and / or allowance norms, for example, through specific categories such as nationality, religion, ethnicity, language and occupation (Such as refugees from certain countries, specific professional groups, etc.) and create new pull factors, which, however, become exclusion criteria for other migrants. M.B. Denisenko, O.A Kharaeva, O.S Chudinovskikh (2003) Immigration policy in the Russian Federation and the countries of the WestFor example, the "point system" and the "Blue Card" are implemented as strategies for selective migration policy in Europe, whereby the recruitment of highly qualified scientists and workers from third countries, ie from non-EU states, is thus a flexibly applied labor market policy instrument. In this context, the exploitation of migrant qualifications on the target labor market is also likely to influence the migration decision. The selection process in the sense of labor migration is still regarded as a gain of the "human capital" for the receiving countries, and vice versa the problem of the painful "brain drain" is a loss of the "man-power-resource" for the countries of origin The selective and restrictive recording criteria of the preferred target countries. These gates of entry filter the immigration and allow to a certain extent a control by the receiving countries.

It is now pointed out that the migration causes and motifs described so far represent a central point in the push and pull models or factors. A migration decision can partly be explained by the migration networks, as the chain migration shows, but not exclusively by a rational or profit-maximizing consideration of the individual's costs and benefits, as well as the greatest advantage of a migration to a certain target country. Furthermore, the push-pull model remains in the context of migration research, and it is generally assumed that the push and pull factors in the context of modern information, communication and transport facilities and the growing globalization effect are increasingly gaining relevance for the individual migration decisions. In addition, the causes, motifs and the course of migration can change over time. Today, it is quite conceivable that state interventions, such as the perception of migrants as "human capital" in the selection process, have on the one hand increased immigration incentives, but on the other hand an increasingly restrictive migration policy can be preferred for the receiving countries. As a result, there is also a close link between the region of origin and destination, or rather, between external and internal openness.

1.3 Migration typologies

1.4 Migration crisis and current situation in Germany

2. Historical dimension of the German migration policy and recent changes

The migration policy of Germany has a long history, as in all parts of the world. In the course of the German migration policy much has changed over the question whether the Federal Republic of Germany is an immigration country or not. Daraufhin focused on the main particularly rational institutional framework for migration and experiences "transformation processes". The following historical dimension with regard to the migration policy of Germany shows a perspective which emphasizes not the continuities but the transformation processes. Glick Schiller, N. (2009). A Global Perspective on Migration and Development. Social Analysis.

In the context of these transformation processes, the question now arises as to which migration policy can be described as a policy paradigm or paradigm shift in the migration history of Germany. The concept of policy paradigm in the sense of Peter Hall is to clarify the role of ideas in the political process. The concept of "policy paradigm" means "a framework of ideas and standards that specifies not only the goals of policy and the kind of instruments that can be used to attain them, but also the very nature of the problems they are meant to be addressing".

As a paradigm shift, Hall now describes the transformation of such an interpretative framework, for example through the impact of the economy and through appropriate interventions. Frequently, in the context of such a paradigm shift, there is a comprehensive, radical change of direction in politics; This Hall calls it policy change of the third order. Furthermore, Hall calls the continual minor adjustments as first-order policy change and changes in the interventions instruments with the same priorities as second-order policy change.

In the following, the historical dimension from 1945 to the present time of the German migration policy is presented in seven phases. The work of Ulrich Herbert and other authors, especially the analysis of the conversion processes by Karen Schцnwдlder, was taken into account as well as by current sources from the Internet. The seven phases outlined below can now be distinguished according to different temporal criteria.

2.1 Phase 1: Post-War Germany and the Threefold Immigration 1945-1954

The change of Germany into a country of immigration began directly after the defeat of National Socialism and the end of the Second World War in 1945 with a mass migration. Looking at the German migration policy in the course of this initial phase, it becomes clear that Germany wanted to use the following three migrant groups in its political paradigms.

Directly at the end of the war, an estimated 4.5 million displaced persons and "Homeless aliens" were found in Germany, with 10.5 to 11.7 million DPs across Europe. These DPs came from around 20 Nationalities with more than 35 different languages ??and were mostly forced laborers. Until 1951 the "resettlement programs" of the IRO arranged around 712,000 DPs throughout Europe. A phase of migration began, especially in the USA, Australia and Canada, as well as France and Great Britain. This measure should enable DPs to find new home countries. Alternatively, the Allies intended to return the DPs to their home countries as soon as possible. It is noteworthy that the basic right to asylum from humanitarian obligations existed in the FRG as early as 1949.

When the Westallians handed over the responsibility for these DPs to the federal government in 1950, some 150,000 of these DPs remained behind in West Germany. Most of them were sick, old or inactive and too vulnerable people who did not want to migrate anymore. The "Law on the Legal Status of Homeless Foreigners" of 25 April 1951 in the FRG was created, by which the FRG granted the DPs a special legal status, which was special in comparison with international refugee law. There were, however, in many areas no complete equality with the legal position of the citizens, especially with the German refugees and displaced persons. On the other hand, the relationship of the German population to the DPs in the integration process was characterized by defensive reactions to open enmity. However, the DPs were only one among the large migrant groups in Germany in the immediate post-war period.

With the founding of two German states in 1949, a large migration movement from the GDR to the FRG began. These migrants, legally or illegally, were officially designated as "emigrants" in West Germany and "repatriates" in East Germany. Between 1950 and 1961, 3.6 million people crossed the inner borders of East Germany West, in comparison 0.5 million from West to East. In addition, an unknown number of expellees from the GDR moved into the FRG. This migration movement of the emigrants as well as of the expellees and emigrants from Eastern Europe was accelerated with the construction of the Berlin Wall. Until 1989, about 15 million people had come to the Federal Republic, which was about a quarter of the German population . This type of immigration is also referred to as "ethnic migration".

However, the regulation adopted by the Nazi regime remained largely unresolved for foreigner employment with regard to the German economic miracle. Thus the "foreigners' police regulations" (APVO) of the Naziregimes of 1938 were reinstated by the Federal Ministry of the Interior at the beginning of 1951. For the federal government wanted to provide the old regulatory instruments for a resumption of the employment of foreigners, for which a legal basis was necessary. At this point, in other words, the revival of the APVO with regard to the Aliens Act, several motifs were decisive. One example of this is "the desire to restore a familiar and largely unquestioned control and monitoring instrument against strangers". The APVO was valid until the entry into force of the Aliens Act on 1 October 1965 and was put into effect by the executive without the participation of the Bundestag. In the field of migration policy in the post-war period of Germany, the executive power led the decision-making process within the political-administrative system until the mid-1960s. The essential political decisions were therefore made without the participation of the Bundestag. ID Turner - British Occupation, 1989 - Reconstruction in Post-War Germany