Hello,

I need information for change of my employment visa.
I came to Germany on spouse visa in March 07. Then I found a job in Berlin and got the permission form Arbeits arm and ABH. I started working since May 07 and I am working in the same company till now. I have got Aufenthaltserlaubnis with permission to work as XX in the company YYYY.

So my employment visa is limited to this company. I have got the information(most of them from trust7) that one can apply for employer independent wok permit after two years.

Is it two years since start of employment or
Is it two years since my being in Germany?

What this visa is called by Auslanderbehoerder? I mean if I go to ABH what should I say there as what kind of visa I need. If possible the german name of the visa.

Does some one know what kind of form do I need to fill and if it is available online? Do I need to provide any letter from my company to support my application for this new visa?
How long does it take to get this visa?
Do ABH ask why i want to change my visa?

Has someone gone through this procedure and can help me here? I will be really grateful if someone can reply my questions in details as this is very important for me.

Thanks and regards

http://www.berlin.de/formularserver/formular.php?50328

Just fill this form and submit.


was your spouse on work visa ever since you came here?

If not wait till May 2009

Thank you for the form. But does this form also not mention that it requires permission from Arbieits arm.

The visa i would like to get, is the one where one does not need arbeits arm's permission.

Yes, my husband is also on employment visa, basically he is in PhD. Will this help me any how?

Do you know how long does it take to get this visa and what the visa is called?

did u try searching the forum?

>>So my employment visa is limited to this company. I have got the information(most of them from trust7) that one can apply for employer independent wok permit after two years.

You say you got the information from this forum, but then you would have also found the information about what it is called, the law sections, experiences. Search for 'BE' or 'Beschaftigung Erlaubt'

You need to ask at the ABH explicitly. Just go and ask for the employer indepedent visa.

I did the same, during my visa extension.

Mostly Beamter/Beamterin should know about it.

If not, its up to you to explain and make them understand.

All the best

Hello Prabath,

thank you for the reply. I will go to ABH and ask about it. As you have already got the employerindependet visa, can you let me know, which gesetz you have now.

Currently i m having 18 abs 2 Aufent G. Which gesetz one receive after employer independet visa?

Thanks for your kind help. Is it possible to have your email id to get some more info.

thanks and regards

There is no difference in the §18.

Only thing to note is the text /similar text

"Beschäftigung jeder Art gestaatet."

without the company name.

Provide your email address. I will get in touch.

Hi HCG517 & Prabath,

It would be nice if you could discuss every single statement in this forum as I am also sincerely following this topic. Also kindly post the result

Paddy

Hello,

A question again regarding BE. Does the application again go through Arbeits arm or ABH officer decides whether to issue the employer independent visa or not.

Which gesetz do you refer to when applying for this visa?

thanks for the help

1) AFAMK the ABH officer decides whether to issue BE visa or not.

2) The application goes through Arbeitsagentur until you have a employer independent visa.

Hello Prabhath,

I could not say if i understood it properly. Do you mean to say that first of all the application for BE will go through Arbeitsagentur and upon receipt of approval from Arbeitsagentur, ABH officer will decide whether to issue BE or not.

Or alone ABH officer without going through arbeitsagnetur can decide to issue BE.

Because at start, before two years the application has gone through Arbeitsagentur and now based on Article ??, a BE can be issued if I have worked for 2 years. Wanted to know if the application for BE again goes through arbeitsagentur.

Did you also provide any letter from your employer in support of your application for BE?

The application will not go to any where. It solely depends on ABH officer.
Just carry a printout of concerned rule(law) with you and show ABH officer, in case if ABH officer does not know it.

BE does not need any permission from any office.

Forget about my point2. It might have been confusing.

The Beamter/in at ABH is the person who decides to give B.E or not.


In 99% of cases there is no problem in getting BE visa once you worked for 2 years.

My suggestion is just go to your ABH and ask for BE visa once you completed 2 years of job. You will get it.

Don't confuse yourself with who processes your application.

Thank you Prabath, thank you Babashankar

Thank you for the helpful answer. Could you confirm if the concerned law for BE is
http://www.bundesrecht.juris.de/beschverfv/__9.html

or if there is any other law.

Actually the law in the link does not mention anything about Beschaeftigungs erlaubnis, so i want to confirm.

Hello all,

I also have the same case........


I am working in Germany (as an onsite engieer in german branch office of an indian company) 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 process the application and send it back to us and we have to submit it at rath-haus for visa approval.....

1.
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.

2.
when do I need to contact the officer in rathhaus, at the time of submission of my documents or at the time of stamping my new visa extension.

3.
Also, my employer is planning to send me back in march end, but still he will process my extension for safer side with a contract for another one year. If I get a BE am i eligible to have unemployment allowance if i refused to go back to india and resign from my current job if he want me to send back to india.

Kindly advise me.......

A.