“Selecting by Origin” Revisited: On the Particularistic Turn of German Labour Migration Policy

Abstract

AbstractFollowing a decade in which German labour migration policy has developed towards a universalistic regime that applied similar conditions towards most third country nationals applying for admission, we observe a slow but steady return of ethnic selectivity and particularistic features in this area. Although human capital remains a centrepiece of the bundle of regulations and institutional settings which govern the process of selecting labour migrants, the factor of the respective country of origin of applicants has regained importance over the last few years. This Chapter explores a number of deviations from a legal framework, which in principle is universalist and claims to put merits, certificates and employers’ demand first. We demonstrate, however, that starting conditions for obtaining a work visa turn out to be unequal, as they positively discriminate particular nationalities. This prominence of ethnic origin in migrant admission policies vis-à-vis third countries is a rather recent phenomenon in Germany, but something which could be observed in other EU countries – not least in Southern EU Member States – already for some years. These observations tend to counter the proverbial North-South divide, suggesting rather unexpected policy convergences within the EU.