Hello all,

I am working in Germany on aufenthalserlaubnis (aufenthg 18) since last three and half years but in two terms.
first term: from may 2006 to april 2007 (11 months and 11 days)
second term (with new visa application from india.... due to rejection of spouse' dependent visa, i went back to india and reapplied for visa of both of us) august 2007 till date. (>2 years)

In My visa, it is specifically mentioned the employer's name. Although my employer has arranged a lawyer for our regular visa extensions and we have to submit our documents to the lawyer and she will then forward these to rath-haus for visa approval.....

my question is that am I eligible for employer independent visa (BE , if i figured it out correctly).

And If I am eligible, then how and when should i ask for BE to officer at rathhaus? My employer will never want me to apply for BE. So i have to apply for it personally. My next extension will be in mid of march 2010 so in january 2010 itself i have to send my documents to lawyer. and she will apply to rath haus/ arbitsamt.

Kindly advise me.......

A.

hello friends.....


please help me

I believe you are eligible even in the worst case scenario (zeitlich befristete beschäftigung) because you can count in your first term since you stayed outside of Germany for less than 6 months, that gives you more than 3 years total. Usually ausländeramt is reluctant to stamp the BE visas without a special reason for it even if you do have right for it so I would not insist on getting BE stamped. If you are applying for a new job just say you have it, your papers will be processed by arbeitsamt anyway and if you have the right for BE they do it quickly. If you are happy with your current employer I'd rather wait till I get the right for NE.
PS Serch the forum too, I think your question has been covered here a lot of times.

I agree with mkorobeinik1. I have the same opinion. You can apply in Feb-March 2010 too, in that case you will save 25€ for new work permit.

Hi aarnav,

just out of curiousity I wanted to ask something. In any case you will not apply before Monday next week, so where is the urgency. Just wanted to know why you added "Urgent" in subject?

Tony

hello tony,

I am very much thankful for the replies get here. I was having an appointment on 29th december at rathhaus for visa stamping for my son who is newly born.

hence it was urgent for me to ask these people regarding the BE at the sametime. But that could not happen because the beamter was in hurry and he said me that I have to check it when applying visa for me. Now I am about to apply visa in next two-three days. Do I need any letter or application for asking them BE?

Thanks for your helpful replies till now.

A

In my personal experience I got a BE without much problems. If I remember correctly I probably had even mentioned that I am looking for a job and a BE would be helpful.

This could vary as other members have noted above but it doesn't hurt to ask.

@Aarnav

To my knowledge, BE visa has a bit of a dependency on the work permit that you have with your employer.

If it's unlimited, then you shouldn't be having an issue in getting one (taking your break in between as <6M). If your employer instead, gives you a limited contract, renewable after every say 2Y, then it might be a hurdle for you.

Cheers.