Citizenship and Identity

3.3. Legal Implications of Being a Foreigner in Germany

Living as a foreigner in Germany, no matter whether one was born there or has recently migrated, has many legal implications. Igstadt (1998) has collected the major implications for second generation foreigners as they result from the Ausländergesetz, which deal mainly with the right to stay in Germany, the rights to bring foreign relatives to Germany and the possibility for the state to deport the foreigner. For members of the second generation the rules are more liberal and directed toward permanent residence than those for their parents and for sojourners, still they fall by far short of the civic rights linked to German citizenship, such as the right of political participation. The major aspect is that the right to permanent settlement is never fully given and that many formalities have to be performed. On top of these restrictions on second generation migrants in Germany, other legal disadvantages are linked to the status as foreigner. Not only is travelling into countries which have not signed the Schengen agreement much more complicated, also small everyday routines are more time-consuming or troublesome. Thus, for example, the obligation to carry identification papers can only be fulfilled by always carrying the foreign passport and thus permanently risking its loss. Furthermore, foreigners need to get an official document which is only valid for a short period to prove their address, while Germans can use their identity card for this. When marrying, the authorities will demand a confirmation of the country of origin that the person is not already married. Since India does not provide such documents, applicants either end up illegally buying the necessary certificats in India or facing a long legal process in Germany. Finally, unknown to most of the second generation South Asians with non-German citizenship the regulations of international private law mean that many matters of family law, such as rules of inheritance, are guided by the laws of the countries of their parents' origin rather than by those of their home.

This far from complete account illustrates the enormity of implications the legal status of foreigner in Germany has. In general the consequences are at least troublesome, the only potentially positive exception being the exemption from obligatory military service for young men.

Compare: South Asians in Germany and the law (als pdf), M.A. essay, SOAS, London.

Content

Chapter 1 is the introduction.
Chapter 2 develops the British context, briefly describing the post-war migration history of South Asians to the Isles, the British citizenship law (as well as in a brief excursion the Indian rules) and then analysing the relevant literature on second generation South Asians in Britain.
Chapter 3 sets the scene for Germany, providing also a brief post-war migration history of South Asians, an overview of the citizenship law and rules on naturalisation, a description of the legal impact of being a foreigner in Germany and finally a brief look into the general literature on second generation migrants in Germany.
Chapter 4 is dedicated to the detailed analysis of second generation South Asians in Germany. It bases on the extensive fieldwork conducted in the preparation of this dissertation. After describing how the material was acquired through interviews, the material will be presented and analysed by distinguishing in a first step between second generation members with two and those with only one South Asian parent. In a second step the general features discovered by the fieldwork will be discussed.
Chapter 5 establishes the general conclusions to the topic by comparing the British and German situations. The discussion will centre on the interaction of external and internal definition in the formation of identity and belonging, and the role citizenship plays in this. Furthermore, it will be analysed how a foreign citizenship influences the relationship of second generation South Asians towards the state in which they live. From this questions for future research will develop.