Introduction

Today, Germany remains one of the major immigration countries in Europe – even though the country's migrant population is composed mainly of long-term residents. Recent migration flows are limited to highly specialized programmes in certain sectors or to migration for family reunification, and migrants are restricted in their access to the overall labour market. It is estimated that there are a significant number of undocumented migrants in Germany who live and work in the country with an insecure status. Like most European states, Germany has not ratified the ICRMW.

This chapter outlines the reasons for this situation and the ongoing discussion concerning the Convention in Germany. The data were gathered through interviews in 2005, shortly before the September 2005 general election. After the election, the government coalition changed, as did responsibilities within the setting of migration policies. Nonetheless, our interviews indicated that there would not be a significant change in the German Government's position on the Convention, even in the event of a change of government. Indeed, this has been confirmed by the Federal Ministry for Economy and Labour, which is the coordinating ministry for all issues relating to the Convention. The government's objections to the Convention remain the same.