Dear GC´s,

Kindly excuse me for opening a topic for a extensively discussed topic. I wanted to know whether there are any changes with respect to the new ZuwG.

Considering a GC who has worked in Germany for more than 2 years, what type of visa is his wife supposed to get, considering that she is a native of the GC´s country, and that she has never been to Germany (as student or short term projects etc...) before.

Will she get a dependent visa? Is there a rule which says she can work with her dependant visa from Day1? Will it be limited to IT field then? Or should she wait for one or two or three years?

Or it again as per the will and wish of the individual ABH?

Any relevant answers or pointers to other threads will be appreciated.

Thanks in advance.

according to law visa should be binded to husband but not to IT.
She gets right to work after 2 years.
IMHO

No other suggestions, anyone?

Hi Fred

First of all, please read:

http://www.xonder.at/cgi-bin/yabbserver/foren/F_0134/YaBB.cgi?board=arbeit;action=display;num=1105648719

As normally, DvD is right. I thought no, but the "experts" from Info4alien forum usually are right because they work in ABHs.

The visa for your wife will be binded to your visa. Only after two years you (better say she) can fight for a "liberation" of your wife with a dark clause of a dark ordinance made to separated foreigners but sometimes extensible to all woman due to the sex antidiscrimination clauses in Germany.

But I don´t find a good idea to start asking in ABH now. They don´t know good the procedures and you take the risk of that. The best is give a call to the VPMK lawyers and ask them. You know already the posibilities, two years not working...

with the new law ..its no longer the 2 years clause.. i guess it been extended now ..please do check up with your arbeitsamt for proper answeres .

it is extended from 1 to 2 years of waitting.
"ArbBerechtigung" is now after 4 instead of 2 years

Dear GC´s

Do comment on the following para. Here it says 1 year´s waiting period!

Taken from:
http://www.info4alien.de/tim/argv.htm


§ 3 1) Wartezeit

1Die Erteilung einer Arbeitserlaubnis für eine erstmalige
Beschäftigung wird für Ausländer, die

1. eine Aufenthaltsgestattung oder eine Duldung besitzen,

2. als Ehegatten, Lebenspartner oder Kinder eines Ausländers eine
befristete Aufenthaltserlaubnis oder Aufenthaltsbewilligung besitzen,

davon abhängig gemacht, dass sich der Antragsteller unmittelbar vor
der Beantragung ein Jahr erlaubt oder geduldet im Inland aufgehalten
hat (Wartezeit). 2Die Wartezeit gilt nicht für Ehegatten,
Lebenspartner und Kinder eines Ausländers, der eine unbefristete
Aufenthaltserlaubnis oder eine Aufenthaltsberechtigung besitzt.


Cheers,
Fred

Hi all,

I posted my query on i4a forum and got the answer.

"the spouse can work from Day1".

Look at point (5) under §29
http://www.info4alien.de/gesetze/aufenthg.htm#29

Regards,
Fred.

Ok.. I know, I am the evil-souled automatically-ignore person of the forum. If you do not like my answer, you are free to ignore it..

but a spouse can not work from the first day. If you carefully read the answer given by Mick in info4alien, you can easily see that he talks about Job Market Check(Arbeitsmarktprüfung) (Spouse can work from the first day, only if he/she passes this JMC)

Regards,

Lacrima

I think NoBody or someone else found it some time ago and posted here.

So if you have right to work than she has also.
Other issue is will she need to go trough AMC.

Of course, lacrima. I have seen that too. By "Day 1" I didnt mean that I will send my wife to work the next day she lands here! And who is waiting with a job for her here?
Whether she passes AMC and gets a job is based on her *luck*. I just wanted to know whether she is ALLOWED to work or has to wait for x number of years!

Hi Fred

Don´t minimze the opinion of MR Lacrima (Lacrima, why do always believe you are a woman?).

The answer from Mick mean:

1- First of all your wife must search/find a position.
2- The possible boss of your wife must fill a form and present it to the ABH
3- In this position, for this area and for this employer the ABH search for all possible german candidates to fill that position.
4- If no germans for this position, your wife receive the Zustimmung

All of this means Mick. But now think a little bit:

1- there are not so many employers with such a patiency
2- There are 5 million germans with no job. You have to be very very good to fit in that position

All of this Fred my friend is a kind of undercover german work protection.

So, to summarize, the Zustimmung is not so easy as it sounds.

Regards

YO

@YO

I know. I dont want to send my wife to work. It was just a question to know what the new law says!

okay? :-)

I would suggest that the governmert publishes unemployment numbers in each and every sector separtely, rather than blindly saying "There are 5 million unemployed" which included skilled as well as unskilled workers! How on earth can you put skilled and unskilled workers in the same basket? I would like to have numbers like x in IT, y in Construction and z in some other unskilled sector.

Please dont start with unfruitful/personal comment discussions!

-Fred

@ YO

Thanks man.. it is good to know that some people out there still take my comments seriously and dont call the other people to ignore me. How rude such a behaviour may be, is another topic which I dont want to start know.

Yes, you are right my nick sounds a bit female, because of the "a" at the end. BUT when I first chose this nickname (7 years back), I didnt have a clue regarding the latin languages and I didnt know that this "a" and "o" at the end specifies the sex of a word. Such a difference does not exist in my language and also not English. For me "lacrima" sounds as masculine as "lacrimo".

After spending one year in a latin language speaking country, I realized that lacrima indeed sounds a bit female but I still like the nick and it is my first nick. That is why I still use it.


Regards,

Lacrima the masculine

@Lacrima

I never argued with you when you told something useful. I dont like your criticism when it sounds sarcastic and insulting, but you simply say "its my style!".