Hello,
I am working in Germany since 4 years, last month i got my company independent BE (§ 18 Abs. IV S.1) till Nov 2014. My wife pursuing her Master studies in German University (since Oct2008) ...She have (§ 30 Abs. II) dependent VISA till Nov 2014....

Now I have combined question about my wifes work permit and Elterngeld...
My wife want to apply for ELTERNGELD, but Elterngeld authority rejected our application as on her VISA (Erwerstätigkeit nicht gestatet. Gilt nur zur Beleitung des Ehemannes) is written...
they mentioned us that if we get "Erwerstätigkeit gestatet" (work permit)...on her VISA then we can get Elterngeld

So based on her MS studies for 3 years in Germany, how and where we need to request for getting work Permit... in Rathous or ausländerbehörde or Arbeitsamt.....

On what ground (which law) i can ask them to give workpermit to my wife or to give same VISA as that of mine...

I would be really greatful if someone can give me procedure..

Go to Ausländerbehörde and show them your residence permit and say you want the same for your wife as your dependent (not based on her studies).

If they still create troubles, you can show them the following law:

Tell them that the §9 in http://www.gesetze-im-internet.de/beschverfv/__3b.html

@super sid,
with reference to my post and discussion, i went to our Auslanderbehorde with written request about work permit for my wife by mentioned this law §29Abs5....and exp. was really wierd :-( ... initially they event refused to accept my application on grounds that
1)though she completed 2 years, spause can get work permit only if i have "Niederlassung"
2)and if i do not have "Niederlassung", then she have to show "ArbeitVertrag" from Arbeitgeber and then they will send this to Arbeitsamt and then they shall approve........

as we do not have any "ArbeitVertrag" yet, i showed the copy of §29Abs5... then she was more angry and took my application and said she would send it to her Chef and but he would send rejection letter in couple of days....

Now i am really interesting to see on what offical ground they would reject my application...

Is anbody have some king exp regarding same..
.....

Hi Amit,

Sorry, my English isnt that good. I could not understand what exactly you meant in the following sentence?


...he would send rejection letter in couple of days....they would reject my application...


Have you already got a reply from them (the Chef) or are you assuming that it would be rejected?

In which state you live?

If they have rejected the application after knowing the law, then I would suggest you to see a lawyer. Just keep in mind that the amount of money you might lose is more than €4000.

@tony
I have not yet received any rejection letter, but that lady was very confident in saying "You shall receive this rejection letter in next couple of days".....

And that is the reason, I am waiting to see on what basis they would reject my application.....

Neverthiless in Germany, what is the procedure for taking services from Lawyer... i mean in such scenario...to whom shall i contact...any idea

thanks

hello

@ Amit,
May i know what was the outcome, did ABH accpeted your request..

hi..
It is goodnews.. my wife got "Bescheftigung erlaubnis" and our "Elterngeld" has also been approved....
One thing for sure...in germany anything "Schriftlich" works in most cases....:-)

story goes like this...
the rathhaus lady refused my request/application at first glance.....but when i went with copy of this laws along with "Schriftlich" application.... it was complete turnaround... she was so polite and gave me appointment immediately without any hurdles...

http://www.gesetze-im-internet.de/beschverfv/__3b.html
and
http://www.gesetze-im-internet.de/aufenthg_2004/__29.html

I am really thankful to "TRUST7" for making this Forum available and making people aware about rules in Germany...
thanks to all
.....amit0580