Legal Basis and General Framework for Immigrating to Germany

I. Introduction

Germany, as the country with the strongest economy in the European Union, receives a significant amount of immigration from around the world, both in terms of workforce and living standards. This migration movement is shaped by the interaction of historical, economic, social, and legal factors and is based on a highly detailed normative framework. The legal basis for immigration to Germany is not limited solely to national legislation but is also regulated in an integrated manner with the European Union legal order and international human rights documents.

II. The Normative Basis of Immigration Law in Germany

A. Constitutional Foundations (Grundgesetz – GG)

The German Constitution (Grundgesetz) has established a legal order based on individual rights and provides various constitutional guarantees for immigrants. In this context, in particular:

• Article 1 – Human dignity is inviolable.

• Article 2 – Personal liberty and the right to general personality.

• Article 3 – The principle of equality before the law.

• Article 16a – Right to political asylum.

These articles establish that the presence of foreign nationals in Germany is not merely a technical or administrative matter, but also a subject of the fundamental rights regime. However, these constitutional rights are not unlimited and can be restricted on grounds such as public order, public health, and public security.

B. Main Source: Aufenthaltsgesetz (AufenthG)

The basic legal framework for immigration to Germany is defined by the Residence Act (Aufenthaltsgesetz), which came into force on January 1, 2005 and is still in effect. Under this law:

• Entry into Germany,

• Types of residence and work permits in Germany,

• Special statuses such as family reunification, education, and asylum,

• The obligations of immigrants and deportation procedures are regulated in detail. The Aufenthaltsgesetz also defines the division of labor between the Federal Office for Migration and Refugees (BAMF), which administers migration policy, and the local foreigners' offices (Ausländerbehörde).

III. European Union Law and Germany's Harmonization Obligations

As a member state of the European Union, Germany is obliged to comply with EU secondary legislation, the case law of the European Court of Justice, and EU directives when shaping its immigration law. In this context:

• EU Blue Card Directive (2009/50/EC) – Entry of skilled workers into the EU,

• Dublin III Regulation – First safe country application in asylum applications,

• Family Reunification Directive (2003/86/EC) – Right of family reunification for third-country nationals,

• Directives on the right of free movement – ​​residence rights for EU citizens and their family members.

It is integrated into and binding on German national law. Regulations that contradict the EU acquis are considered invalid under German domestic law.

IV. Special Legal Basis for Citizens of the Republic of Turkey

A. Ankara Agreement and Additional Protocol (1963 – 1970)

The Ankara Agreement of 1963 and the Additional Protocol of 1970, signed between Türkiye and the European Economic Community, grant Turkish citizens the right to free movement and residence in EU countries on a gradual basis.

B. Standstill Principle (Maintaining the Current State)

Within the framework of interpreting the Ankara Agreement, the "standstill" principle, developed by the CJEU (European Court of Justice) and German courts, stipulates that Germany cannot introduce new restrictive regulations regarding the work and residence rights of Turkish citizens. Among exemplary decisions, the Soysal case (CJEU, C-228/06) is significant in terms of the application of this principle.

C. Exceptions Regarding Family Reunification and Labor Force Access

Turkish citizens, especially after long-term residency:

• Language proficiency exception in family reunification process,

• Flexibility in self-employment and business establishment requirements,

• limited exemptions regarding the requirement of not receiving public assistance .

V. The Evolution of Germany's Immigration Policy

A. 1950–1973: The Period of Labor Migration (Gastarbeiter Policy)

Seeking to accelerate post-World War II economic development, Germany established the guest worker (Gastarbeiter) program by signing bilateral labor agreements with countries such as Turkey, Italy, and Greece. Although this program was discontinued after the 1973 oil crisis, a large number of the incoming workers remained in Germany.

B. The 2000s: Integration and Sustainability Policy

The Aufenthaltsgesetz, which came into effect in 2005, demonstrates that Germany considers immigrants not as temporary residents but as permanent and integrated individuals. With this regulation, the right to reside in Germany is based not only on economic criteria but also on integration criteria (language, social skills, social security participation).

VI. Human Rights Documents and International Obligations

Germany's immigration regime is subject not only to domestic law and the EU acquis, but also to the following international conventions:

• 1951 Geneva Convention (Relating to the Status of Refugees),

• European Convention on Human Rights (ECHR),

• UN Covenant on Civil and Political Rights,

• Convention on the Rights of the Child.

In light of these documents, Germany is obliged to uphold fundamental rights, particularly in asylum and refuge processes, including the right to life, the prohibition of torture, and the protection of family life.

VII. Legal Challenges and Current Debates

A. Integration and Citizenship

Balancing the acquisition of permanent residency for immigrants with the right to citizenship is one of the most contentious issues in German law. In particular, the rigorous pre-citizenship checks on requirements such as B1 level language proficiency, financial security, and criminal record checks have become a legal test of integration into German society.

B. The Evolution of the Asylum Regime Under Political Pressure

The surge in asylum seekers, particularly since 2015, has intensified legal debates surrounding Germany's asylum system. This process has led to criticism of the Dublin system, a reshaping of the "safe third country" concept, and a re-evaluation of the temporary protection regime.

C. The Impact of EU Migration Policies on German Practice

Germany bears the brunt of migration policies within the EU. This situation brings with it both the risk of making domestic law more restrictive and political debates about the fair sharing of the refugee burden within the EU.

VIII. Conclusion

Migration to Germany is not merely an individual choice; it encompasses a multifaceted administrative and normative process subject to a detailed legal regime. This structure, ranging from constitutional rights to the EU acquis, national laws, international documents, and practical application, necessitates a rigorous integration process for individuals to establish a legal and sustainable life in Germany.

Especially for Turkish citizens, obtaining legal support at every stage of the process is crucial for ensuring the proper exercise of special rights stemming from historical agreements such as the Ankara Agreement. This both increases the success rate of the application and facilitates the long-term integration process.

Gamze Akbulut, Law Faculty Student