Short intro:
I applied to a position in a company, company
finally made an offer, sent me the Vertrag,
with "Antrag auf Arbeitsgenehmigung". I have
signed them and sent them with express. They
received the papers middle November and sent it
to Arbeitsamt

I am waiting the Zusicherung der Arbeitserlaubnis.

It has been 2.5 weeks of application and still
no voice from Arbeitsamt. Now my stress is, the
deadline of GC. I am afraid that the officials
at Arbeitsamt might have slown down the process,
because ZuwG is approaching, and also Christmas
is coming, so almost everyone will take holiday
maybe in the last 2 weeks. It seems Arbeitsamt
have about 3 more weeks of time to complete
the procedure.

I talked to the company that this slowness
contradicts with IT-ArGV $7:

Durchführungsvorschriften

(1) Über die Erteilung der Arbeitserlaubnis oder
deren Zusicherung soll die Agentur für Arbeit in
der Regel innerhalb einer Frist von einer Woche
entscheiden, sobald die für die Entscheidung über
den Antrag erforderlichen Angaben und Unterlagen
vorliegen.

They told me "you are technically right but,
this is Germany, the bureaucracy is that,
you have to get used to it" and wanted me not
to ask further questions.

Now I am thinking following scenarios:

1. Arbeitsamt will slow down so much that they
will prepare the Arbeitserlaubnis according to
ZuwG after 01.01.2005. Is that possible?

2. Arbeitsamt will slow down so much that the
company can be impatient to wait for the papers,
"sorry, we can't wait your papers any more,
we have to find another guy to work". Is it
technically possible? Both sides signed the
contract and the contract is now in Arbeitsamt.

3. Arbeitsamt will prepare the papers in the
last second, but due to Christmas I can only
apply for a visa in the next year. Is it a
problem for Embassy to apply for a visa in 2005
with papers prepared in 2004? Because law will
change.

Oooops, too many scenarios!

Sc1: Problem for Arbeitsamt not for you. In my opinion absolutely no benefits from you to be a GC

Sc2: I think no way. The companies here knows very well the "terrain" and they know what to wait and how long the things take, much more better than us. Don´t be in hurry, this is not USA. Over there, can be. Here I think they can wait

sc3: If they deliver the papers this year with the GC schema, your papers will be treated as GC papers even in december because all the paperstuff startet before the new law. Here all this things are respected quite good.

2,5 weeks is not a big time. Mine took about 8 weeks.

Regards

YO

> Sc1: Problem for Arbeitsamt not for you.
> In my opinion absolutely no benefits
> from you to be a GC

Sorry YO1, I didn't understand what you mean.
No benefits for what? Could please clarify more
what you mean?

> Sc2: I think no way. The companies here knows
> very well the "terrain" and they know what to
> wait and how long the things take, much more
> better than us. Don´t be in hurry, this is not
> USA. Over there, can be. Here I think they can
> wait.

The point is that entry date is middle January.
But if the papers come in 8 weeks, then I'll
also lose time to get the visa. So, I think
they might not have calculated this case.

I do clarify.

Start for the last point: if you don´t reach the 8th january is not your problem. You did all you had and the delay is not on your side. If they are so hurry, so they have to bother to AA or whoever be the responsible for the delay.

You are interested in comming, but you are not a magician. If there is a delay, speak with your future boss and say this openly. Is not your fault and I´m sure, your company won´t go to bankrupcy if you come a month later.

The GC was a program to caught quite fast and easy foreigners with IT knowledge. Main advantage was the celerity to get all the papers done to come to Germany. Anything more? NO.

If you would apply for that work on 2nd january, the procedure maybe will be similar, no GC in your pass, just a normal work visa (I´m supposing you will work in the IT field), but maybe better than ours.

So why do you want a GC? If it comes, OK. If not, not so bad, you will also get a visa, you will also come to Germany, you will also work.

Is it clear now?

YO

Klenze17 wrote:
>Is it technically possible? Both sides signed the
>contract and the contract is now in Arbeitsamt.

When companies hire foreign specialists, they usually put in the contract a clause like "The validity of this contract depends on the work/residence permit" or smt like that.

If there is such a clause in your contract, then yes, it is technically possible.(Scenario 2)

Keep cool, Klenze17, it should be just fine..

Lacrima