The Colombian-German Migration Agreement: An insufficient strategy

Colombia and Germany have strengthened their relations through a migration cooperation agreement in February 2024 and a joint declaration of intent on a migration partnership in September of the same year. The goal pursued through this partnership is to prevent irregular migration, encouraging Colombians to enter Germany through the labor market rather than the asylum system, which has seen a growing number of applications—from 135 in 2018 to over 3,500 in the first half of 2024. However, the agreement is unlikely to achieve this goal, due to the separation between the asylum and labor migration systems in Germany, the complexity of the requirements for skilled migration, and the confusion and misinformation that exists among the Colombian population regarding the real opportunities to access the country through asylum.

 

Over the last two decades, the number of bilateral and multilateral agreements pertaining to the management of migration flows has increased significantly. Such agreements are meant to regulate migration in the countries experiencing high migratory pressure, while facilitating regular migration. The declared aim is thus to promote good governance by encouraging collaboration among countries of origin, transit, and destination to ensure safe, orderly and regular migration.

In February 2024, the governments of Colombia and Germany reached an agreement to cooperate on the management of migration. This agreement is not the first of its kind between the two countries, but holds particular significance given Germany’s urgent need to address a serious shortage of qualified professionals. This shortage is impacting a wide range of sectors that are crucial to the German economy. As Chancellor Olaf Scholz pointed out, the economic consequences could be dire, with Germany potentially losing €49 billion in GDP in 2024 due to the shortage of skilled workers. This figure could rise to approximately €74 billion by 2027 if current trends persist.

To attract foreign workers, Germany has reformed its migration policies in the medium and long term. These reforms aim to facilitate the arrival of skilled workers from so-called third countries or non-EU countries, reducing the barriers to their immigration. According to statistics from the Federal Employment Agency, reforms aimed at attracting skilled labor are beginning to take effect. In the first quarter of 2024, there was a significant increase in the number of workers from various Latin American countries, with Colombia standing out by contributing 15,600 workers.

Simultaneously, Germany strives to reduce the number of unsuccessful asylum applications. Although the major countries of origin, Syria and Afghanistan, are not potential partners in migration cooperation, Germany has established agreements with other countries of origin with significant numbers of applicants, including Morocco, Georgia, Kenya, Uzbekistan, Moldova, Kyrgyzstan, India and Colombia. In theory, the regular employment pathways promoted by these agreements could provide a preferable alternative to the complexities and uncertainties surrounding the asylum process.

In the case of Colombia, an initial agreement was reached in February 2024, later reinforced by the signing of a joint declaration of intent on a migration partnership in September of the same year. This agreement aims to foster constructive cooperation in migration policy between the two nations, encompassing both voluntary and forced returns, as well as pathways for labor migration. On both occasions, Joachim Stamp, the Federal Government Special Commissioner for Migration Agreements, was present. In his remarks, Mr. Stamp emphasized the importance of promoting migration for research, work, and education purposes, as well as curbing irregular migration. Federal Interior Minister Nancy Faeser, in her statement, highlighted that the agreement represents an alternative to asylum procedures for Colombians who are unlikely to succeed in Germany, while alluding to a cooperation that benefits both nations.

However, despite the recent agreement, the strategy seems insufficient to reduce the growing number of asylum applications from Colombians, which have increased significantly—from 135 in 2018 to over 3,500 in the first half of 2024. Many still believe, due to misinformation and potential scams, that asylum offers a pathway to regular migration, even though it presents significant challenges.

 

Asylum Applications from Colombians around the World are Skyrocketing

Colombia has long been a country with high emigration, largely driven by the consequences of an internal armed conflict that affected its population for decades. This situation transformed asylum into a key form of protection for those persecuted by illegal armed groups or the state, providing them with an opportunity to rebuild their lives in other countries.

The signing of the peace accord with the FARC in 2016 significantly altered both international perceptions of the situation in Colombia and the assessment of the reasons why Colombians were seeking asylum. Many countries, especially in the European Union, considered the agreement an important step toward the stabilization and improvement of security in Colombia. However, despite this progress, other armed groups, such as the ELN, FARC dissidents, drug cartels, and criminal gangs, continued to operate in various regions of the country, generating displacement —particularly in rural areas— killing social leaders and fueling asylum applications from the affected population.

In addition, the economic challenges resulting from the global pandemic have worsened living conditions in Colombia, contributing to a growing number of citizens seeking to leave the country. By 2024, the situation had become notably more complex, with the number of Colombians seeking asylum rising significantly, ranking second among OECD members, behind only Venezuela. Since 2021, asylum applications from Colombia have seen an increase, from 81,000 in 2021 to 299,500 in 2023. In the first half of 2024 alone, 116,800 new applications have been filed, representing an 18% rise compared to the same period in 2023.

The most common destinations, such as the United States, Spain, and Canada, were joined by less conventional ones, like Australia, which does not have visa agreements with Colombia for work or tourism. Meanwhile, the rise in asylum applications to the United Kingdom, many of which were based on claims considered as without merit, prompted the British government to suspend the visa exemption it had granted to Colombia since 2022.

In Germany, there has been a notable surge in the number of asylum applications from Colombians since 2023, with Colombia in the top ten in asylum applicants’ country of origin in 2024. According to Lower Saxony Interior Minister Daniela Behrens (SPD), “there is a prevalent misunderstanding of the concept of asylum among the population”: misinformation and criminal offers lure people from Colombia to Germany. Videos are circulating on social media suggesting that they can come to Germany, apply for asylum and work immediately.

Indeed, the probability of success for Colombians seeking asylum is minimal, only 0.6% are granted asylum.  German authorities consider that individuals have the option to relocate to other regions of Colombia to escape the persecution or threats they encounter in their places of origin, due to the post-peace accord situation. However, the country continues to face significant challenges such as poverty, conflict, and the war on drugs. Lower Saxony Interior Minister Behrens argues that the asylum route is not the right pathway: to migrate to Germany, Colombians “have to take the right path, namely through the Law on the Immigration of Skilled Workers” (Skilled Immigration Act−FEG).

In November 2023, this law came into force in Germany, expanding the list of professions experiencing staff shortages and offering greater immigration opportunities for workers from countries outside the European Union. This legislation aims not only to attract healthcare professionals, such as doctors and nurses, to address the growing aging population, but also to promote the migration of individuals with technical skills across various sectors, including industry, agriculture, forestry, and livestock farming. In this way, the law seeks to counteract the downward demographic trend in the country.

 

The Migration Agreement: Misinformation and its Limitations

Colombia and Germany framed their migration agreement as a solution to regulate labor migration, particularly in response to the increasing demand for skilled workers in Germany. However, this agreement appears to be an insufficient strategy to comprehensively address the growing demand for asylum applications from Colombians, which continues to pose a challenge for both countries. Below are several aspects that deserve further attention.

The agreement does not address the issue of the rising demand for asylum applications or open regularization pathways. In Germany, the asylum and labor migration systems are strictly separated to prevent individuals from using asylum as a way to access to the labor market. This means that those who arrive in the country seeking asylum cannot transition to a labor migration system once they secure employment, which fails to resolve the challenges faced by those trying to regularize their immigration status through work. If the current trend of asylum applications from Colombians continues, Mr. Stamp projects that Germany could face nearly 10,000 individuals forced to return to Colombia in the coming months. This projection further underscores the urgent need for more effective solutions to manage both asylum and labor migration flows, highlighting the inadequacy of the current approach.

Although the agreement has made some of the requirements for professional migration more flexible, reducing bureaucratic barriers and including more professions beyond just the healthcare sector, the conditions remain quite demanding. Those wishing to enter Germany through the labor market must still meet rigorous requirements before applying for a visa, such as prior knowledge of the German language. One example of this is the TEAM project (Colombian Specialized Workers for Germany), a Colombia-German skilled mobility initiative. According to information provided by the Special Administrative Unit of the Colombian Public Employment Service, since its inception in 2021, 82 Colombian workers have secured employment in Germany, but only after meeting the necessary requirements, including language proficiency, the recognition of their qualifications, and the corresponding immigration procedures. This number is overshadowed by the growing number of asylum applications from Colombians: 1300 in 2022 and 3,337 in 2023—almost 2,000 more than the previous year.

Another issue that the agreement does not effectively address is the need to tackle the widespread misinformation regarding asylum possibilities in Germany. Opportunities for regular migration and employment opened by the bilateral cooperation have not received sufficient attention in Colombia. Many individuals seem unaware of the opportunities offered, causing them to perceive asylum as the only viable option for entering the country. This informational gap is exploited by various actors, such as travel agencies and law firms, who promote false pathways to asylum and offer services to process fraudulent applications. This not only exacerbates the confusion but also increases the risk of migrants becoming trapped in irregular and costly migration pathways.

Although having qualifications and language skills is often seen as a prerequisite for labor market integration in Germany, even these factors do not guarantee a smooth transition into the workforce. The case of the 10 Colombian caregiving assistants (Pflegehelfer) in Bremen, who arrived in Germany through the asylum process, highlights a significant issue with the separation between asylum and labor migration pathways in the German migration system. Even though they were not qualified nurses and possessed a different level of training, their work remains crucial in addressing Germany’s severe shortage of skilled healthcare and caregiving workers. Initially, these workers faced possible deportation after their asylum claims were rejected. However, following significant public and political pressure, they were granted temporary protection under „Ausbildungsduldung“ (tolerated for training purposes), which shields them from deportation while they pursue further professional training.

This case underscores the disconnect between the promises of the migration agreement and the realities faced by skilled Colombian workers on the ground. Many of these individuals, who arrived through the asylum process, possess relevant qualifications and the potential to strengthen the German labor force. Their integration into the labor market is hindered by the fact that they chose this path instead of a direct labor migration option, which would have allowed for smoother entry into the workforce. This situation not only restricts their employment opportunities but also undermines the potential benefits for the German economy, further highlighting the inadequacy of the migration agreement in addressing the root causes of irregular migration—an objective it seeks to reverse by alleviating pressure on asylum processes.

 

Conclusion

In conclusion, while the migration agreement between Colombia and Germany aims to address labor migration, it fails to tackle the underlying causes of irregular migration, particularly the growing number of Colombians attempting to regularize their status through the asylum system, despite the very low success rate. The promise that the bilateral agreement can reduce asylum applications seems more like an illusion than an effective solution. Colombians continue to perceive asylum as a viable route due to the limited alternatives for accessing the German labor market, compounded by high bureaucratic barriers, language requirements, and widespread misinformation about asylum opportunities. This disconnect between the agreement’s promise and the reality faced by potential migrants highlights the urgent need for a more comprehensive strategy that integrates both labor migration and asylum management. Furthermore, as exemplified by the case of the Colombian caregiving assistants (resolved through a special measure and media attention), this mismatch between policies and actual needs not only hinders the integration of skilled workers but also exacerbates critical shortages in essential sectors such as healthcare, where foreign labor could play a vital role in alleviating pressure on Germany’s workforce.

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