Hello everybody!!
I went to ABH few days back to apply for my wife`s arbeitserlaubnis. She is here for about 2.5 year. The Beamtin said she should have a Arbeitsvertrag for her to get arbeitserlaubnis. Is that really true?? We had quite a discussion . I showed her the law which i had printed out. but she seems to be convinced that she is right......Any help or links to similar problems are appreciated. We are planning to visit them again if we have more information to support our claim...
Please help!!!

Hello everybody,
Its me again....:-) Pls give me some input.....
Thanks

Even after 2 years, the spouse permit still depends in a way on that of the main applicant. If you are here with GC then you can apply all the knowledge here (you are a poster in that thread):
http://www.trust7.com/en/forums/visa_questions/be_als_it_fachkraft_for_gc_and_his_wife

If you are a GC you should have absolutely no problems in getting the BE for your wife after 2 years. The law is completely on your side. Maybe you have to convince first ABH to get for you at least "BE als IT-Fachkraft".

What I can additionally tell you is that I know more cases that obtained the BE for their wifes after 2 years. Before the 2 years, it may be a problem, but after, the law is pretty clear.

If you do not have a GC, then try to see if your situation fits into the specification of 29.5.3 from the Anwendungshinweise.

I had a very funny experience at ABH.

I applied for EG. But the Beamtin said I cannot have an EG (even though I was here for over 4 years), and she issued me a restricted BE (with the remark "Unselbständige Beschäftigung nur nach Genehmigung durch die Ausländerbehörde gestattet. Selbständige Tätigkeit nicht gestattet.").

After getting this I applied for EG for my wife. (She was here for only 1 year at that time.) And she got EG without any questions or comments. Just a simple statement on her passport "Erwerbstätigkeit gestattet".

And the funniest thing is, the lady who issued EG to my wife sits in the same room as the lady that issued me BE, and all this happened on the same day.

So, my suggestion would be: Try your luck again with a different Beamtin.

hallo alle ich bin ein marokkaner student in hannover oder war ;), ich hatte finaziele probleme und dann als ich eine neue aufenthalt beantragt habe habe ich eine auszetssung der abschiebung bekommen .
nun bin ich wieder heim und habe alles verloren
was soll ich machen um wieder nach deutschland zu gehen.
danke

Hi frens,
Thank you for your inputs. Appreciate it. i am going to try my luck:-) and will write here how it went....
Regards.

Hi guys,
We went to the ABH today and met a very polite Beamtin. Ofcourse i was prepared with all the documents that was suggested here. But we got "Beschäftigung nur nach Erlaubnis der Ausländerbehörde. §4 abs 2 aufenthG.. Selbstständige Tätigkeit gestattet"
I am little confused and worried.. what do you think about it??
She said since my wife is not in the IT field, we will have to get a job offer first and then apply for the erlaubnis after Arbmarktprufung. (I thought Arbeitsmarktprüfung was not required).
Her main Argument was "My visa is a befristet visa (till 2008)...The wife will get the same condition in the visa as the husband". I have selbstandig tatigkeit gestattet too...So has my wife now....
My wife is wondering now whether to be selbstandig(any other GC wives who would like to do something together) or search for a job and then go through this all over again:-(

One good thing i see is that her visa is not bound to mine anymore:-)

Regards,

a GC

She still got a work permit conditioned by an AMC. The reasons ABH invoked apply in my oppinion only in the first 2 years. As far as I understood from the Anwendungshinweise, after 2 years your wife should get unconditioned BE because of the §31(1), which specifies an unconditioned BE for your wife if you divorce after 2 years living in Germany. So, §29(5) tries not to put your wife in a more favourable situation if she divorces after 2 years. Read 29.5.3 in Anwendungshinweise about this.

As regards Selbstständigkeit, there is no restriction for her and this is the good point.

I do not think that her permit is independent from yours, even if it appears so from the visa. They have your history and if you loose for some reasons your work, you should not count on the job of your wife to keep you in Germany. To be sure, ask again ABH, but I think we know the answer already...

In the cases I know, ABH specifically invoked the reasons you mentioned (see the other thread) only in the first 2 years and they said themselves that after 2 years the wifes will have no restriction any more.

Even if ABH says that the restriction does not involve a real AMC (our case was so), this is not true and your wife will have the same problems with this restriction in getting employed as she had before. Every employer will understand behind that restriction a real AMC, so if the Beamter really did not mean it, you should explain her again that what she wrote there puts unnecessary (and ultimately illegal) difficulties in front of your wife getting employed.

As I see it, you must go further and you have 2 options:
1) Make a written Antrag to get rid of the restriction, request a written answer and specify that you know your rights and your are determined to bring the case in the court based on their answer. Explain calmly your reasoning again and request to speak with the Boss.
2) Wait until you get BE after 3 years and then get the same for your wife. You can start anyway with 1) until it's time for 2).

It is a must to get something written regarding the AMC. I think you cannot loose anything. The only thing you got is the Selbstständigkeit.

bizzare:
"Beschäftigung nur nach Erlaubnis der Ausländerbehörde. §4 abs 2 aufenthG.. Selbstständige Tätigkeit gestattet"

my ABH wanted to give me the same Auflage back than.
but acctually this Auflage is pure sh.t.
you can noteven tell if you can work for your current firma with it. How can police know did Ausländerbehörde gave you Erlaubnis for any job?
that would mean that police has to call them or ABH has to give you another Auflage in pass for every firma. PURE BULLSH.T
law has nothing to do with it.
what ABH is it?

look at link My Antrag auf Auflage Aufhebung to see how I convinced ABH not to give me such a sensless Auflage.

Hi shoppi and DVD,
Thanks for your input. As much as i hate to visit that place, i think i will take your advice and go again or send them by Reg. post.
however, i do have another qn.
1. Is there a specific law that exempts IT people from going through marktprüfung??

If so, then i will have a better argument point, i guess. coz She said over n over again, your visa is befristet and the same condition will apply to ur wife too.
Or atleast we can avoid going thru Arb.mark.check when she gets a job..

Thanx again..

Hi
I forgot to add, i would appreciate if anyone could provide me with the link in the law that exempts IT people from Arbeitmarktsprüfung according to the new law. I am here for about 2 and half years.

@DVD
Your application to ABH was excellent. no wonder you were successful with them. I thought i would just copy it and send it to ABH...:-) but i realised that the law has changed since then.....Anyhow, i could still use some of the arguments with them.....

thanks

I strongly suggest you to present yourself with the Antrag and not send it per Post. This way you have the chance to solve everything in the same day, because ABH may want to spare the trouble with written answers to clear cases. Even if the answer is positive, they would prefer to solve the problem without anything written, because later somebody can use your answer for their cases. In my situation, I solved the problem in the same day just by presenting myself with a written Antrag and requesting to speak with a Boss or a Berater. You also spare some time (Post time and take-over time) and you know who will deal with your Antrag from the beginning (take a Phone-No).

Forget completely about the arguments against former-GC needing AMC. Your wifes situation is placed in another context, namely after 2 years in Germany she is not bound to the conditions in your work permit. As long as your Aufenthaltstitel is entitled to extensions and later you may have the perspective to tranform it in NE, your wife should get BE after 2 years, with no restrictions, regardless if you need AMC or not.

Back to the law about no AMC for former-GC, you may use the well-known §46(2)BeschV, but the problem with this is that it may be interpreted like this: GC needs ACM, but AMC for them will be always solved positively. This way they put AMC for your wife, but you still do not have any problem changing your job. It's all a matter of interpretation and for this reason I do not advise you to go this way, because on one hand you may easily loose and on the other hand your wife is in another situation.

Put also in your Antrag in the main place the arguments about 2 years and not those related to you not needing AMC, otherwise you risk ABH treating you in the wrong terms (maybe this is your case now, they always think you ask the conditions for less than 2 years in Germany - do not expect them to give you more than what you ask).