Germany

2.2. Germany

On 1 January 2005, a new Immigration Law came into effect that altered the legal method of immigration to Germany. The practical changes to the immigration procedures and limitations were relatively minor. Traditionally, Germany has not considered itself a country with a need for large numbers of immigrants and has limited entry accordingly.

Immigrating to Germany as a non EU-citizen has not become easier under the new law as it continues to limit the recruitment of foreign employees. This limitation applies most particularly to unskilled or semi-skilled employees. In order to obtain a work permit one must demonstrate a justified individual need or public interest in the employment. Without a concrete job offer one has almost no chance of getting a residence permit. Different rules apply to refugees, asylum seekers, EU citizens, family members of German citizens, and close relatives of individuals already living in Germany.

Thereafter, the prospective employer has to announce this engagement to the employment centre (Arbeitsagentur). The “Arbeitsagentur” only agrees to issue a residency permit if there is no German or otherwise privileged foreign employee available for the employment.

There are exceptions, in particular for highly qualified employees. The judgement of whether an applicant is highly qualified or not can based on various factors, including education, the type of job, or a salary above a certain threshold. The threshold is currently set at 85.500 ? p.a.) Highly qualified employees might immediately receive a permanent residence permit (“Niederlassungserlaubnis”). Spouses and children moving with them are allowed to work without having to get additional permits (this exception includes other relatives in limited situations). The process is similar to highly skilled immigrant programs in the United States and other European countries. The German scheme is similar to ones operated by other European countries, for example the United Kingdom's Highly Skilled Migrant Programme. The major difference is that the salary threshold is the highest of any European country with similar work visas. For example, Austria's income requirements are around 50% less that of Germany.

Self-employed people can get a residence permit, so long as the government finds that the job would fulfill a superior economic interest, fulfill a regional need, or have an expected net positive effect on the economy. Furthermore, the sponsor must guarantee the financing. Once an immigrant has met those requirement, an individual inquiry will take place as to whether a German citizen or preferred immigrant could perform the same job function. As a general rule these requirements will be assumed if at least ten jobs will be created and 1 million ? invested. The assessment of the requirements will conform to the quality of the business idea, the entrepreneurial experience of the applicant, the capital expenditure, the effects on employment and out–of–school education, and the contribution to innovation and research. A residence permit to work self-employed could also be issued, if there are mutual benefits according to international law. After three years one may apply for and receive a permanent residence permit “Niederlassungserlaubnis”, so long as the planned idea is put into practice successfully and one's livelihood is secured.

Foreign students can stay for one year after a university degree in order to find a job matching their qualifications.

2.3. Spain

The population of Spain doubled during the twentieth century, due to the spectacular demographic boom by the 60's and early 70's. Then, the birth rate plunged by the 80's and Spain's population became stalled, its demographics showing one of the lowest sub replacement fertility rate in the world, only second to Japan's. Many demographers have linked Spain's very low fertility rate to the country's lack of any real family planning policy. Spain is the Western European country that spends least on family support (0.5% of GDP). A graphic illustration of the enormous social gulf between Spain and the rest of Europe in this field is the fact that a Spanish family would need to have 57 children to enjoy the same financial support as a family with 3 children in Luxembourg.

In emigration/immigration terms, after centuries of net emigration, Spain, has recently experienced large-scale immigration for the first time in modern history. According to the Spanish government there were 4,145,000 foreign residents in Spain in January 2007. Of these well over half a million were Moroccan while the Ecuadorians figure was around half a million as well. Romanian and Colombian populations amounted to around 300,000 each. There are also a significant number of British (274,000 as of 2006) and German (133,588) citizens, mainly in Alicante, Málaga provinces, Balearic islands and Canary islands. Chinese in Spain are estimated to number between ten and sixty thousand. Immigrants from several sub-Saharan African countries have also settled in Spain as contract workers, although they represent only 4.08% of all the foreign residents in the country.

During the early 2000s, the mean year-on-year demographic growth set a new record with its 2003 peak variation of 2.1%, doubling the previous record reached back in the 1960s when a mean year on year growth of 1% was experienced. This trend is far from being reversed at the present moment and, in 2005 alone, the immigrant population of Spain increased by 700 000 people.

According to the Spanish government there were 3.7 million foreign residents in Spain in 2005; independent estimates put the figure at 4.8 million or 15.1% of total population (Red Cross, World Disasters Report 2006). According to residence permit data for 2005, around 500,000 were Moroccan, another half a million were Ecuadorian, more than 200,000 were Romanians and 260,000 were Colombian. Other important foreign communities are British (8.09%), French (8.03%), Argentine (6.10%), German (5.58%) and Bolivian (2.63%). In 2005, a regularization program increased the legal immigrant population by 700,000 people. Since 2000 Spain has experienced high population growth as a result of immigration flows, despite a birth rate that is only half of the replacement level. This sudden and ongoing inflow of immigrants, particularly those arriving clandestinely by sea, has caused noticeable social tensions.

Spain currently has the second highest immigration rates within the EU, just after University Village, and the second highest absolute net migration in the World (after the USA). This can be explained by a number of reasons including its geographical position, the porosity of its borders, the large size of its submerged economy and the strength of the agricultural and construction sectors which demand more low cost labour than can be offered by the national workforce. In fact, booming Spain has been Europe's largest absorber of migrants for the past six years, with its immigrant population increasing fourfold as 2.8 million people have arrived.

Immigrants from the European Union make up a growing proportion of immigrants in Spain. They mainly come from countries like Romania, the UK and Germany, but the British case is of especial relevance due to its magnitude. The British authorities estimate that the real population of UK citizens living in Spain is much bigger than Spanish official figures suggest, establishing them at about 1.000.000, about 800.000 being permanent residents.

In fact, according to the Financial Times, Spain is the most favored destination for West Europeans considering to move from their own country and seek jobs elsewhere in the EU.