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Practical Measures for Reducing Irregular Migration ,
Source: BAMF
This EMN study seeks to provide an overview of the policy approaches, legislation, mechanisms and practical action Germany has adopted to cope with the phenomenon of irregular migration. It also focuses on recent statistical findings and estimates on the number of third country nationals residing illegally in Germany.
The main elements of the German system of migration control are external controls (for example visa procedures and external border controls) and a network of internal control mechanisms in the form of residence and work permits. This set of controls is complemented by others in the form of data exchange, cooperation among authorities and mandatory notices by public bodies.
Since Germany does not have any land borders with third countries, the cooperation with Schengen States and EU border protection agency FRONTEX is essential. Furthermore Germany maintains direct bilateral contacts to third countries in the form of projects that are ultimately aiming at improving the return options for the nationals of these countries who are not (or not any more) entitled to stay. The analysis reveals that international and European cooperation efforts in the field of irregular migration have so far concentrated on the regulatory rather than on the social aspects.
In recent years increasing efforts have been made to alleviate the humanitarian problems associated with the illegal residence status within the existing legal order – such as making full use of any margin of discretion in individual cases to terminate the stay in a "regular" way when the legal situation offers no other option or to issue a residence title based on the options allowed under residence law.
The Working Paper has been compiled by the German EMN national contact point within the Federal Office for Migration and Refugees as a country report of a study comparing the situation in EU-Member States and has been co-financed by EU funds.
Dr. Jan Schneider