When will I obtain a residence permit for employment?
Usually, you can obtain a residence permit if the following prerequisites have been met:
the occupation you wish to take up requires a vocational training qualification and you possess this qualification,
you can show that you have a job offer,
you work under equal conditions as Germans,
no privileged person can fill your position,
the granting of a residence permit for your occupational group is envisaged by legal regulations, and
the Federal Employment Agency approves of your employment unless such is not required. §§§ - §§§§
How do I show that I have a job offer?
In this stage, employers are commonly referred to as “sponsors”. Right, you need a job sponsor. There are two things needed: One will be a job description and the draft of employment contract in writing. Normally, the office expects a form to be filled out. If you want to improve your chances have your employer-to-be hand you a signed contract – signed exclusively by your future employer. N.B. Do not even think of signing that employment contract before it has not been approved by the labor agency. Because, if you should do so then you will be in for trouble! Following German law, signing that contract makes it become binding for you and your employer. An employment contract closed or signed prior to re-quired permission by labor agency is forbidden by law. So why have your employer-to-be sign it? He will bind himself with his signature… (See also "contracts"!) The second detail, next to labor contract, will be a letter from your employer-to-be showing how he had first tried § - §§
Are they any exemptions to the prior approval of the Federal Labor Agency?
Yes. The most important exception is that your job offer will normally not have negative impact on the German labor market because the work you are to do requires an individual performance, which nobody else – at least not easily – can replace. Typical examples are guest scientists, artist or professional sportsmen in a federal league. §§§§
At home, I only learned to fill shelves in a supermarket; i.e. no real skills. I don’t like it anymore at home and want to come to Germany. Will I get a residence permit?
Well, to be honest, better not book a flight. The chances that you will receive a residence and work permit are virtually zero. Germany has already enough to do with its “army of dissatisfied”, the unemployed. The authorities are not allowed to grant residence for unqualified persons (§39 IV AufenthG).
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I have achieved a vocational training at home and I was laid off after working a while. I decided to leave my country and come to Germany. Will I be allowed to live here?
You have much better chances to obtain the permission to stay than unqualified persons. You will be allowed to stay and take a job if there is a public interest for you to fill your wished position. A public interest will usually be presumed if there is a need for your qualification – be it only regional (§18 AufenthG). Let us say, Frankfurt/Oder needs qualified English teachers then you, being an English teacher, will receive a permit. If you, as a butcher, want to work in Berlin, where there already hundreds of butchers laid off, do not reckon on receiving a permit. However, if you are a trained butcher following e.g. Judaic tradition, then you still may receive a permit. N.B. This also applies to companies or professionals belonging to either Islam, Judaism or an equivalent religion, or for slaughtering an animal on behalf of, or for, a Jew. Thus, if a Jew wants to slaughter a swine for his Christian colleague, he must first anaesthetize the pig. §§§§