How irregular migrants survive the strict German laws By Christine Bukania
H
e dreamed of a life in Germany - to study, work, make money and maybe start a family. He knew there would be a high price to pay for his dreams. However, as Samson Uche* (37) found out, the highest price would not be financial. It would be the descent into a shadowy place where every decision and action is about survival. Uche recalls making the decision to leave Nigeria in 1997. “Back then, Germany’s economy was booming and it was everyone’s dream destination. My friends told me that I could study for free and get a student job to support myself and send money back home. I even thought I would save enough money to buy a Mercedes-Benz.” Uche’s face lights up in merriment at this last thought, and he bursts into hearty laughter. That was a long time ago. Today, sitting in a busy fast food restaurant on the outskirts of Bonn, Uche seems ill at ease with himself and his surroundings. He takes a deep breath and narrates, “When we first arrived here, we had fat accounts,
but we could not access the money.” This was the beginning of a routine that persisted throughout his twelve years as a student, with slight variations here and there.
The choice between a transparent life and survival is not an easy one Whenever the next visa extension appointment came, there would be friends who could provide a solution such as health cover and proof of residence. “My cousin once came to work in Germany for six months; she committed to taking care of me so I could get my visa, then I went on doing my student job.” It may not be the most transparent way of dealing with immigration issues, but for Uche, it was a matter of survival. “The state wants what it wants, and we fulfil the requirements. Everything is above board,” he smiles and says in a matter-of-fact tone. He looks at his intertwined gnarled fingers. For a moment,
he seems to be transported back to those days that were filled with dreams of prospering in Germany. Now, all that is keeping him in the country is a statutory temporary suspension of deportation. Nonetheless, Uche is lucky, the situation is worse for many others. According to the Federal Office of Migration and Refugees, there are an estimated 100,000 to 400,000 irregular migrants living in Germany. Often referred to as illegal migrants, these are people with neither residence permit nor suspended deportation order. Living a quiet life and keeping their heads down, they may be able to get jobs. But their lack of permits exposes them to the risk of exploitation by unscrupulous employers. As long as they are in the European Union, they have a right to social services such as housing, healthcare and education for their children. However, German law obliges government departments providing these services to share their data with immigration officials. The risk of deportation is too great for some, and they avoid these services altogether.
Image: C. Bukania
Under the radar
This is where non-governmental organisations, such as the Kölner Flüchtlingsrat come in. Lina Hüffelmann (30) works for the organisation as an advisor to refugees and irregular migrants. “We are free and independent; the police and immigration department cannot force us to share information about our clients. This enables us to speak to people in confidence,” Hüffelmann explains. The organisation regularly shares information about migration at www.koelner-fluechtlingsrat.de. She is frustrated by the double standards which she says characterise relations with migrants in Germany. According to her, the European Union and Germany claim prioritise the control of irregular migration, yet they profit enormously from their presence. “There is an element of political calculation to keep them in that position. They do jobs that the citizens do not want to do, at a lower wage with no added benefits,” she says.
Fear and apprehension is part of daily life She also observes with irony that although irregular migrants are often criminalised, they tend to stick to the rules to avoid notice. “They always have their train tickets, never cross a red light, and never drive too fast.” Uche agrees that even for him, facing government officials is daunting. “It is mental torture; you never know when your application for a visa extension will be denied. It is a constant and very real fear,” he says. This fear is absent when Uche says that he is fighting for a permanent residence permit. The decision was not easy. At one point, he thought of marrying a German woman in order to get a residence permit. But a year ago, his father passed away, and he began to reflect on his choices more carefully. Eventually, he decided that
instead of the easy option, he would take the legal one. “My lawyer is using the law to make my case, she is using the same jungle of laws that the Germans use to scare us with,” he says.
Fighting for a chance to feel at home Uche sounds confident about the results. Apart from a good lawyer, he knows that certain medical conditions are a reason to receive a permit, and he has a medical report confirming that he has a tumour. “They say the tumour is benign, but the future is unknown.” He sounds a little tired as he talks about the
prospect of the legal battle ahead, but his humour has not deserted him. He laughs again, shaking his head from side to side and says, “I still have not achieved my dream of buying a Mercedes Benz.” The lawyer may have a solution for one man, but in the long term, Hüffelmann says the state will have to stop burying its head in the sand. “The laws are very restrictive. Germany cannot wish migration away. The sooner we look at the presence of irregular migrants positively and deal with it, the more transparent their lives and the work of the state will be.” *The name has been changed to protect his
identity.
Three ironies of life as an irregular migrant Human rights are guaranteed in the EU but what of irregular migrants? Fundamental human rights such as the right of children to a school education and access to basic medical services apply in all EU member states. But in Germany, the Residence Act obliges public officials to share a range of migrants’ data with immigration authorities. This prevents irregular migrants from claiming their rights because they fear apprehension and deportation. Wages for the migrant, profits for the employer A 2007 European Commission directive requires private and commercial employers to examine residence documents and report irregular migrants. The strategy aims at curbing irregular migration. However, studies show that employers are aware when they employ people without papers. For them, it is about their profits and not about fair practices. Model citizens and criminals at the same time Studies have found that most irregular migrants live a life free of crime because arrest could lead to disclosure of their status. However, even without committing any common offences such as theft or assault, illegal residence is already a criminal offence under German law. Details on irregular migration in Germany are available on the website of the Federal Office for Migration and Refugees: www.bamf.de. Source: Focus Migration, Policy Brief no. 6, 2008 by the Hamburg Institute of International Economics