Hi All,

I came as a student here in Germany and working now here. My husband is doing Phd in Stuttgart and hopefully he will finish by end of this semester. I have a work permit and we applied for dependent visa for my husband. We have a temine by end of this month. Is it possible to get a work permit for my husband so that he can look for jobs after. Please share your ideas.

Thanks in advance,
Aruna

It's the other way around. He finds a job and applies for a work permit based on that job offer.

He won't be given a work permit with no job offer.

@ Aruna

Yes it is possible to get dependent visa with work permit, only if you have a work visa not bounded to your company (e.g you have BE, EG etc).

@UMTS11

Can you tell me where in the law it is written that the spouse also gets the same Arbeitserlaubnis. Eventhough it is not necessary for me anymore, better to know the section, so can guide the people in necessity lateron.

Hi

Thank you for your replies. I have my workpermit bounded to our company. I have completed only one year working here, I have to wait for 1 more year to get the work permit which is not bounded to the company Am I right?

Thanks again

Yes

@ raj

Please see § 29 Abs 5.1 for more details.

@UMTS

Thnks for the info. I have seen that section before but misunderstood that it means only for people with EG and not BE

@UMTS : Thanks for the info. I think I may try to use someway.

I have BE and my wife has dependent visa. She will admit to uni from next semester. So I am thinking, accroding to §29 absatz 5.1 she can have work permit to do Praktikum or student job.

I may do so for following reasons :

1. She can keep her current visa status so that she don't need to take student visa and pay KV (not sure yet, whether one has to pay KV if change to student visa from spouse visa!!).

2. With current visa together with student bescheinigung she can have all the benefits. So what is the point to take student visa.

Am I missing something here??
Thanks all the experts in advance

Did anyone ask/recommend to get the student visa?

@ rajendrak : If your asking me then ans is :

no. but she will need to do Praktikum so need some work permit. My ABH is nice and friendly. I will consult with them but before that I want to be sure myself about all the possibilities.

Praktikum does not require work permit if its mandatory by university

@ rajendrak : Thanks a lot.

I got my BE visa this year in January
My Wife later came here in May and when we went to renew her visa,the beameter gave her BE too saying that if you have BE your wife gets one also.
Her visa was issued under 30 AufenthG.
Probably this information helps others.

Summary
________

1. The following rule says that the spouse gets same residence permit status as the main person.
http://bundesrecht.juris.de/aufenthg_2004/__29.html

2. Can your husband get same status as you - as said before the problem is that your AE is restricted to your company. BUT YOU CAN GET THE COMPANY-FREE ONE EVEN IF YOU HAVE NOT WORKED 2 YEARS. This is the case you have been a student in the past.

The rule says you should have either worked two years OR you should have lived in Germany three years rightfully. Education time will be counted half and upto max 2 years. So for example if you have studied 4 years, education time counts 2 years + 1 year work = 3 years.

And I am sure about it as it was my case.

http://bundesrecht.juris.de/beschverfv/__9.html


3. If the Praktikum is part of the studies (Pflichtpraktikum), no workpermit is needed. If its not part of studies (Wahlpraktikum/Freiwilliges Praktikum), you use up the 90 days per year. which you are allowed to work as student.

3.

And please take print out of the laws when going there. This will help you argue in case the people there are not too willing. Sometimes they are really not aware of all nuances of the law or you have some new guy sitting there.

1. The following rule says that the spouse gets same residence permit status as the main person.
http://bundesrecht...fenthg_2004/__29.html

@jivankitalash.

Please could you point out which sub-article in §29 states the above?

(5) Die Aufenthaltserlaubnis berechtigt zur Ausübung einer Erwerbstätigkeit,

1. soweit der Ausländer, zu dem der Familiennachzug stattfindet, zur Ausübung einer Erwerbstätigkeit berechtigt ist oder

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ok it says that a residence permit (of the spouse/family member) allowd working,

1. if the foreigner to whom the family member is coming is allowed to work.

Analogy - they dont give you a work permit as spouse if your husband/wife is bound to a company. This was explained to me by the AB in Bayern and I am very sure about the fact in general that spouse gets same status (except if you have company bound). For example if you have a NE, the wife gets an residence permit (AE) with same status(Auflage) Selbständig+nichtselbstständig erlaubt.

I can share my experience. My wife got same work permit as of mine (not limited to a company) immediately after she landed in Germany. The Beamter recommended her a 6 months German course though.

Her Residence permit is also same as of mine, limited till next year. I was told that next I could apply for permanent Residence permit (NE) but my wife would have to wait and could only get her residence extended.

Hi dear,

I also have same situation. I have unbeschränkt (compnay independant)visa. My wife arrived in germany this year january, when we went to ABH my wife also got same visa as i have with same working rights. Now next year october our visas have to be renewed. in july next year i will be able to apply for Niederlasungserlaubnis as till then i will be her ein germany for last 5 years and 60 rente paid. now question is, will my wife also get niederlasungserlaubnis same time i get it or not. if not then y and till when she has to wait in order to get that. second question is that after getting niederlasungserlaubnis in how much time one is able to apply for german passport. again me and my wife will get same time or not ? i m here in germany for last 5 years but first i was student so my 5 years with half student time will be fulfilled in july next year. and my wife is here since last 7 months.

thanks in advance

@ thekhan01

1. No, She will not get NE. She also need to be 5 years in Germany to get NE.

2. For citizenship, search this forum. Topic has been discussed many times. If you apply citizenship together, she should be minimum 4 years in Germany to be eligible for that.

Hi
After you become a German your spouse's case will get expedited.
A foreign spouse of a German national (which will be the case for the two of you, at that time) can become a German in 2-3 years, according to the law provided s/he fulfills necessary conditions. Some have got it after only 1 year of stay.
If a woman gives birth to a child on German soil, (ie is the parent of a 'German' child) - perhaps this works also for the father, is qualified in a 'preferred' profession like IT for example, and V importantly, has Telc B1 level German, I think 1 year wait will do the trick.
Hope this helps!