Since January 1, 2005, immigration to Germany is governed by a new Immigration Law (summary; full). For the first time Germany has legislation to control immigration, and to limit it effectively.

But immigrating to Germany as a non EU-citizen is only easier in a modified way, because the government decided to continue to limit recruitment of foreign employees. In particular, this applies for unskilled or semi-skilled employees. In order to obtain a work permit there must be a justified individual case or a public interest in that employment. In other words, access to the German job market is generally only possible when there is a lack of German or foreign privileged manpower.

This means that without a concrete job offer there is almost no chance of getting a residence permit without family relations. Hence, prior to everything else, the applicant must find a job!

Thereafter, the prospective employer has to announce this engagement to the employment center (Arbeitsagentur). The “Arbeitsagentur” only agrees with issuing a residence permit, if there is no German or otherwise privileged foreign employee available for this employment.

There are exceptions, in particular, for highly qualified employees. These are, e.g. scientists with specialized knowledge, teachers or scientific assistants in peculiar position as well as other specialists and employees with professional experience with an annual income above a certain level. (Currently at least 83,700 € p.a.) Highly qualified employees might immediately receive a permanent residence permit (“Niederlassungserlaubnis”). Relatives, like spouse or children, moving with them are allowed to work as well.

Self-employed people can get a residence permit, if there is a superior economic interest or regional need or the activity is expected to have positive effect on the economy and the financing is guaranteed. An inquiry into the individual case will take place. As a general rule these requirements will be assumed, if at least 10 employments will be created and 1 million € invested. The assessment of the requirements will conform to the quality of the business idea, the entrepreneurial experience of the applicant, the capital expenditure, the effects on employment and out–of–school education and the contribution to innovation and research. A residence permit to work self-employed could also be issued, if there are mutual benefits according to international law. After three years there is the possibility to receive a permanent residence permit “Niederlassungserlaubnis”, if the planned idea is put into practice successfully and livelihood is secured.

Foreign students can stay for one year after a university degree in order to search a job matching their qualifications.[Source: Wikipedia]