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Illegally Resident Third-Country Nationals in Germany

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Illegally Resident Third-Country Nationals in Germany Annette Sinn, Axel Kreienbrink, Hans Dietrich von Loeffelholz with the contribution of Michael Wolf Illegally resident third-country nationals in Germany Policy approaches, profile and social situation Research Study 2005 within the framework of the European Migration Network German National Contact Point Publisher: Federal Office for Migration and Refugees Migration and Integration Research Department 90343 Nürnberg Germany Date: September 2005 2 Table of contents Executive Summary...............................................................................................................6 Preface ............................................................................................................................. 11 1 Legal framework and recent political developments...................................... 14 1.1 Definitions of illegality........................................................................................... 14 1.2 Basic and minority rights of illegally resident third-country nationals ................... 16 1.3 Political and legal developments concerning illegally resident third-country nationals............................................................................................................... 17 1.3.1 Political developments.......................................................................................... 17 1.3.2 Legal developments ............................................................................................. 19 1.4 Possibilities of obtaining residence titles outside of legalisation campaigns ........ 21 1.4.1 Asylum petition ..................................................................................................... 21 1.4.2 Marriage ............................................................................................................... 21 1.4.3 Parenthood........................................................................................................... 23 1.4.4 Granting residency rights for humanitarian reasons or in cases of hardship ....... 24 1.4.5 Suspension of deportation.................................................................................... 25 2 Size and composition of the illegally resident population ............................. 26 2.1 Data sources ........................................................................................................ 26 2.1.1 Data of the Federal Border Police ........................................................................ 26 2.1.2 Asylum statistics of the Federal Office for Migration and Refugees..................... 29 2.1.3 Police Crime Statistics of the Federal Office of Criminal Investigation................. 30 2.1.4 Statistics by the Federal Labour Agency on illegal employment of non-German labour ................................................................................................................... 30 2.1.5 Surveys by charitable organisations..................................................................... 31 2.1.6 Further data sources ............................................................................................ 32 2.2 Estimations of the size of the illegally resident population ................................... 33 2.3 Composition of illegally resident population ......................................................... 34 2.3.1 National composition ............................................................................................ 34 2.3.2 Age and sex structure .......................................................................................... 36 2.3.3 Geographical distribution...................................................................................... 36 3 Policy approaches in dealing with illegality .................................................... 38 3.1 Measures to prevent illegal migration................................................................... 38 3.1.1 Consequences of the geographical location ........................................................ 38 3.1.2 Control via visa policy........................................................................................... 39 3.1.3 Passport controls at the borders and inland......................................................... 40 3.1.4 Coordination of administration and information systems...................................... 42 3 3.1.5 Bi- or multilateral agreements and cooperation with countries of origin and transit.................................................................................................................... 44 3.2 Measures of control inland ................................................................................... 45 3.2.1 Controls on the labour market .............................................................................. 46 3.2.1.1 Definition of illegal employment of foreigners....................................................... 46 3.2.1.2 Primary control mechanisms ................................................................................ 46 3.2.1.3 Measures to reduce the demand for illegal employment...................................... 48 3.2.2 Internal controls by the obligation to forward information..................................... 50 3.2.2.1 Controls regarding the access to social services ................................................. 51 3.2.2.2 Controls regarding the access to education ......................................................... 51 3.2.2.3 Controls regarding the access to housing ............................................................ 52 3.3 Measures in the field of voluntary and forced return ............................................ 52 3.3.1 Voluntary return.................................................................................................... 53 3.3.2 Forced return........................................................................................................ 54 3.4 Measures to improve the social situation of illegally resident migrants and approaches for solutions ...................................................................................... 55 3.4.1 Legalisation campaigns........................................................................................ 55 3.4.2 Potential access to social benefits for illegally resident migrants......................... 56 3.4.2.1 Access to social services and health care............................................................ 56 3.4.2.2 Access to institutions of education ....................................................................... 57 3.4.2.3 Strategies on the local level ................................................................................. 59 3.4.3 Access to the labour market................................................................................. 60 4 Living situation and employment of illegally resident migrants ................... 62 4.1 Living situation of illegally resident migrants ........................................................ 62 4.1.1 Impacts of controls ............................................................................................... 62 4.1.2 Family-related situations ...................................................................................... 63 4.1.3 School attendance................................................................................................ 64 4.1.4 The health situation .............................................................................................. 64 4.1.5 Housing conditions ............................................................................................... 66 4.1.6 Political participation............................................................................................. 67 4.1.7 Criminality and illegal residency ........................................................................... 67 4.2 Employment of illegally resident migrants ............................................................ 68 4.2.1 Scope and composition of illegal employment ..................................................... 69 4.2.2 Employment and vocational qualifications required ............................................. 69 5 Consequences of illegal residency on the national economy ....................... 71 5.1 Figures, facts, background ................................................................................... 72 5.2 Impact and implications........................................................................................ 74 4 Conclusions ......................................................................................................................... 77 List of abbreviations............................................................................................................ 79 Bibliography ......................................................................................................................... 81 Annex ............................................................................................................................. 92 Annex I Ministries and authorities...................................................................................... 92 Annex II Institutions, associations, non-governmental organisations and networks (also) dealing in their work with persons without residence status................................. 94 5 Executive Summary Legal framework and political developments German law does not provide a legal definition of illegal residence, it only regulates entry and residence
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