Important section:
Sec. 18 of the Residence Act:
(1) The admission of foreign employees shall be geared to the requirements of the German economy, according due consideration to the labour market situation and the need to combat unemployment effectively. International treaties shall remain unaffected.
(2) A foreigner may be granted a residence title for the purpose of taking up employment if the Federal Employment Agency has granted approval in accordance with Section 39 or it has been determined by statutory instrument pursuant to Section 42 or by intergovernmental agreement that such employment may be taken up without approval from the Federal Employment Agency. Any restrictions imposed by the Federal Employment Agency in granting approval must be specified in the residence title.
(3) A temporary residence permit for the purpose of taking up employment pursuant to subsection 2 which does not require a vocational qualification may only be issued if regulated by an intergovernmental agreement or if issuance of approval for a temporary residence permit for the said employment is permissible by virtue of a statutory instrument in accordance with Section 42.
(4) A residence title for the purpose of taking up employment pursuant to subsection 2 which requires a vocational qualification may only be issued for employment in an occupation which has been approved by virtue of a statutory instrument in accordance with Section 42. In justified individual cases, a temporary residence permit may be issued for the purpose of taking up employment when there is a public interest, and in particular a regional, economic or labour market interest.
(4a) Foreigners in a civil servant relationship with a German employer shall be granted a temporary residence permit to discharge their official duties in the federal territory. The temporary residence permit shall be granted for three years, unless the employment is limited to a shorter period. After three years, a permanent settlement permit shall be granted, by derogation from Section 9 (2), sentence 1, nos. 1 and 3.
(5) A residence title pursuant to subsection 2 or Sections 19, 19a, 19b or 19d may only be granted if a concrete job offer exists and if any legally prescribed professional licence has been granted or promised.
(6) The granting or extension of a residence title pursuant to subsection 2, Sections 17b, 18d, 19, 19a, 19b, 19d, 20 or 20b, which does not require approval by the Federal Employment Agency owing to provisions in this Act, in a statutory instrument or an intergovernmental agreement, may be denied if there are grounds that would allow the authorities to deny the necessary approval pursuant to Section 40 (2) no. 3 or subsection 3.
Sec. 18 a of the Residence Act:
Temporary residence permit for the purpose of employment for qualified foreigners whose deportation has been suspended
(1) A foreigner whose deportation has been suspended may be granted a temporary residence permit for the purpose of taking up employment commensurate with his vocational qualification if the Federal Employment Agency has granted approval in accordance with Section 39, and the foreigner
1.
a) completed a vocational qualification in a state-recognised or similarly regulated occupation in the federal territory which requires formal training or a course of study at a higher education institution, or
b) held a position of employment continuously for two years in the federal territory with a foreign higher education qualification which is recognised or otherwise comparable to a German higher education qualification and which is appropriate to that employment, or
c) held a position of employment as a skilled worker continuously for three years in the federal territory which requires a vocational qualification and has not relied on public funds for his subsistence and that of his dependants or other members of his household within the year preceding the application for the temporary residence permit except for payments to cover the necessary costs for accommodation and heating, and
2. has sufficient living space at his disposal,
3. has sufficient command of the German language,
4. has not wilfully deceived the foreigners authority as to circumstances of relevance to his situation under residence law,
5. has not wilfully delayed or obstructed official measures to end his residence,
6. does not have any links to extremist or terrorist organisations and does not support such organisations and
7. has not been convicted of an offence wilfully committed in the federal territory; fines totalling up to 50 daily rates or up to 90 daily rates in the case of offences which, in accordance with the Residence Act or the Asylum Act, can only be committed by foreigners shall be ignored as a general principle.
(1a) Where deportation has been suspended pursuant to Section 60a (2), sentence 4, a temporary residence permit must be granted for a period of two years after the foreigner has successfully concluded this vocational training for employment commensurate with the professional qualifications acquired if the conditions referred to in subsection 1 nos. 2 to 7 are met and the Federal Employment Agency has granted approval in accordance with Section 39.
(1b) A temporary residence permit issued pursuant to subsection 1a shall be revoked if the employment relationship on which the issuance of the temporary residence permit was based is terminated for reasons relating to the person of the foreigner or if the foreigner has been convicted of an offence committed intentionally in the federal territory; fines totalling up to 50 daily rates or up to 90 daily rates in the case of offences which, in accordance with the Residence Act or the Asylum Act, can only be committed by foreigners shall be ignored as a general principle.
(2) The approval of the Federal Employment Agency pursuant to subsections 1 and 1a shall be decided without an examination of priority pursuant to Section 39 (2), sentence 1, no. 1. Section 18 (2), sentence 2 and (5) shall apply accordingly. The temporary residence permit shall entitle the holder to take up any employment after he has been in an employed position commensurate with his vocational qualification for a period of two years.
(3) The temporary residence permit may be granted by derogation from Section 5 (2) and Section 10 (3), sentence 1.