German legislation

The future of Germany as a business location depends to a large extent on how well it is possible to secure and expand the skilled labor base of companies and enterprises. Prosperity, the stability of social security systems and the associated social cohesion, as essential elements of the social market economy, are closely linked to the strength of the economy. The aim is to maintain and expand this strength in the future by providing good framework conditions and a forward-looking skilled workforce.

I. General Information for Non-EU citizens

The legal basis for being issued a visa in order to work as an au-pair is section 18 paragraph 3 of the German Residence Act in conjunction with section 12 in the Employment Ordinance. Moreover, an au-pair must comply with the instructions in the Bundesagentur für Arbeit’s current information sheets. EU regulation 2016/801 (REST regulation) does not specify that the rules on entering and residing in the country must be implemented for working as an au-pair. For this reason, no adaptations to German national laws were made for this group of people.

The number of deportations continued to increase again in 2016. The government released numerous statistics related to the topic of deportations and voluntary departures upon the request of the socialist party DIE LINKE. The figures show there were 25,375 deportations in 2016, which is the equivalent of a 21.5 % increase compared to the previous year. The number of assisted voluntary departures even increased by 45% to well over 54,000. Additionally, there were many departures assisted by state funds as well as unassisted departures, but unfortunately there is no valid data on the number of these.

In January 2018, the German lawyers association, Deutsches Anwaltsinstitut, held its 24th annual conference on administrative law in Leipzig, where the President of the Federal Administrative Court, Prof. Dr. Dr. h.c. Klaus Rennert, spoke about the challenges the administrative courts are facing as a result of the dramatic increase in legal proceedings in asylum-related matters.