What Germany-Kenya deal means for illegal migrants, job seekers and students

A Migration and Mobility Partnership agreement signed between the Kenya and Germany on September 13, 2024, lays a framework for cooperation and information exchange on labor mobility, apprenticeship, student training, labor market needs, employment and welfare of workers, readmission, and return.

The deal aims at addressing labour market needs in both countries, promoting skill development and also draws a framework for migration management. 

STUDENTS AND SKILLED WORKERS

The deal also sets a stage for Kenyans studying in Germany to seek employment in the European nation after completion of their programs. ‘

“Students or apprentices of Kenya who complete their academic or vocational training in Germany and wish to gather initial professional experience there, may, within the framework of applicable law,” the agreement states. 

In addition, Kenyan students whose visas expire before completion of their studies shall have the reprieve of receiving two years’ temporary residence permit, under Germany’s applicable laws. 

“The temporary residence permit may be extended if the purpose of residence has not yet been achieved but is achievable within a reasonable period. A temporary residence permit for vocational training in Germany may be granted, provided the requirements in the applicable law are met,” the agreement shared by the State Department for Diaspora Affairs states. 

The partnership also gives an exception for IT professionals who lack formal qualifications, as they are encouraged to be part of the skilled worker mobility. 

Germany will not require a job market test before employing skilled workers from Kenya, who will also receive residence permits when they secure an approved job.

ILLEGAL MIGRATION AND LABOUR EXPLOITATION 

In 2023, Germany recorded a high number of illegal migrants, where data by the German Federal Police showed that 92,119 individuals illegally entered the country between January and September 2023.

Asylum applications in Germany were also reported to have spiked as 351,000 people were registered by end of 2022. 

This led the German government to put in place more stringent measures in an attempt to reduce illegal migration. 

"The Act to Improve Repatriation, which came into force on 27 February 2024, contains numerous and extensive improvements in order to be able to enforce an obligation to leave the country even more effectively in future,” Sky News quoted a spokesperson from the interior ministry. 

With the new partnership between Kenya and Germany, illegal migrants stare at a return back to East Africa as the two nations are set to establish procedures to guide the return of nationals not eligible to stay. 

Under the partnership, both countries will prevent and combat irregular migration, forced labor, and human trafficking. 

The mobility deal also provides a framework to combat labour exploitation by following ethical recruitment practices. 

It will prevent forced labor, human trafficking and provide access to remedies and services for victims of the same. 

A DISPUTED LABOUR DEAL 

On September 13, a media report said Germany agreed to welcome 250,000 skilled and semi-skilled workers in a controlled labour migration deal.

The labour deal was signed in Berlin by Germany's Chancellor Olaf Scholz and Kenya's President William Ruto.

Later, Germany's Federal Ministry of Interior and Community has refuted the reports, saying the deal does not specify the number of workers set to travel and there will be a rigorous process of selecting all applicants.

"The agreement between Germany and Kenya does not include any numbers or quotas of skilled workers who will have the opportunity to work in Germany. All applicants must fulfill the strict requirements of the German Skilled Immigration Act," the Ministry said on X.