Hi,
This might seem a repetition of question already answered before but there is still one question 's ans i want to know.My friends(GC) spouse is working(in germany) and she is completeing 2 yrs in germany in Jan (1st week).Can she apply for a AB now in DEC.??
Please reply ...this will help a lot .Any email id where we can post these question directly to the arbeitsamt??

You can find an email address on the Arbeitsamt website www.arbeitsagentur.de and choose the on she depends on.

But I think she can.

D.

No she can not.
There is no ArbBer or ArbErl after 1.1.
With new law Arbeitserlaubnis doesn't exists any more. After 1.1. Ausländer needs not to go to AA any more. He needs only AuslBeh and there he gets everything. That means that AufErl will be ArbErl at the same time.

hi all,
The local arbeitsamt said she can apply for arbeitsberechtigung rigth away .. and this is a letter i got from the ""_BA-Bonn-ZAV-IT-Experts"
I guess this might help some of the Gc Spouse when they approach the Arebitsamt for their AB.

here it is :
Dear Madam/Sir,

Thank you your inquiry.

You may find the legal sources concerning your inquiry in the Sozialgesetzbuch (SGB III), Ausländergesetz (AuslG) and in the Arbeitsgenehmigungsverordnung (ArGV).

After one year residence in Germany the spouse of a Green Card holder can apply for a work permit. Relevant is the date when the residence permit was issued or for those who got married afterwards in Germany the date of marriage. The local labour office (Arbeitsamt) will then prove if there is a German or EU-citizen for the concrete position. This labour market check may last up to six weeks. This work permit is only valid for the position it was originally applied for. The employer needs to fill out the "Antrag auf Arbeitserlaubnis" (application on work permtit) and send it to the local employment office.

After two years of living in Germany the spouse may apply for the "Arbeitsberechtigung", which stands for an unlimited and not employer related work permit, at the local labour office. The labour office must issue this work permit to the applicant any time that the conditions according to §19 (1) Ausländergesetz are given (independent residence). Legal sources: §19 (1) Ausländergesetz , § 284 Sozialgesetzbuch III Arbeitsberechtigung (1) Satz 2; § 2 ArGV Arbeitsberechtigung (2) Satz 1 und 2).

Please attend your local Immigration Office (Ausländerbehörde) according to your visa question. Please notice also that the new Immigration Law will be vaild as from Januaray 1st, 2005. Inquire all possible changes at your Immigration Office

Sincerely

ZAV IT-Sonderteam
Central Placement Office (ZAV)
53107 Bonn
Germany

Yes Stier

I do receive the same kind of letter from ZAV and I also did publish it here.

But the letter you posted have small letters: it say "The labour office must issue this work permit to the applicant any time that the conditions according to §19 (1) Ausländergesetz are given (independent residence)"

What does it means? Unless you and your wife are divorced and your wife live in a separate Wohnung, they are not obblied to issue this title, they CAN issue it that is slightly different.

I know at end they have to issue the berechtigung, but you will need maybe a trial, as also some GC spouses have already made.

BUT would be VERY important to know what will happen since 1.1.05 because since Januar, ABH issue the Aufenthalserlaubnis and that also works as Arbeitserlaubnis and your/my wife could not need to go to Arbeitsamt anymore.

I read this morning an ordinance about that but frankly I´m now under quite big work stress and didn´t understand a word

The link is:
http://www.bmwa.bund.de/Redaktion/Inhalte/Pdf/BeschVerfV,property=pdf.pdf

This is the BeschV but for all the foreigners ALREADY in Germany, not the newcomers

Anybody can add anymore?

YO

It would be nice to get AB because then you can get job even if there are Germans available for that position, but you will fulfill 2 years too late. If you would fulfill 2 years in December you could get it.
With new law it is worse than now because you get same rights after 4 years or after 3 if you work.
But it is not a big difference since you can allways get a job when no Germans available.
And when there a Germans available you will never get job even if you have AB.
So nothing to be sory about.

AB was quite a big thing before BeschV because if your wife gets it, it would make sure you can stay. Now GC can stay anyway so it is not very important. Maybe only if you loose job.

(1) Die Zustimmung zur Ausübung einer Beschäftigung kann ohne Prüfung nach § 39 Abs. 2 Satz 1 Nr. 1 des Aufenthaltsgesetzes Ausländern erteilt werden, die eine Aufenthaltserlaubnis besitzen und

1. drei Jahre rechtmäßig eine versicherungspflichtige Beschäftigung im Bundesgebiet ausgeübt haben oder
2. sich seit vier Jahren im Bundesgebiet ununterbrochen erlaubt oder geduldet aufhalten; Unterbrechungszeiten werden entsprechend § 51 Abs. 1 Nr. 7 des Aufenthaltsgesetzes berücksichtigt.

BTW thinking about that, it is specified in my wife's pass that she can not work. She's been here more than 2 years now, so she normally can get an AB.
But what are the steps to do: first going to get this mention out of her passport`at eht Ausländeramt? even without any job? And then go get an AB for her at the Arbeitsamt, even without a job/job proposal on her side? I mean, einfach so?

D.

ja einfach so.
That is difference between AE and AB. You get AB without job or firma because it is for every firma.
If you want AB for your wife you should quickly get rid of that Auflage in Pass and write Antrag to AA. If you do it before 1.1. than doesn't matter if court decides (it goes oft to court) in 2005 because they have to take old law into account.

Sorry guys I am having difficulty understanding.

My wife has been here for 1 year 4 months now. After 1 year we removed "cannot work" word from her visa. Although there was a quite a good offer for an engineering job, the (f****) arbeitsamt rejected her application for reasons beyound my undertanding, it was simply that they didn't want to give it.

As I understand, my wife should get the work permit after 2 years of being in germany according to the GC law. Now that the GC law will not exist from 1.1.05; will the Arbeitsamt still hold this law for us. Or is there something in the new law which will allow spouses to get the permit before or after the waiting period of 2 year?

Thanks in advance guys!

Thanks dude, I'm gonna try to get rid of that this Monday, and apply for the AB as soon as I can, I just need to find the place the offices are (that's the bad thing when you move to another city).

D.

-- the (f****) arbeitsamt rejected her application for reasons beyound my undertanding

I can tell you a reason.
There are Germans that have adequate qualifications. That is law.
You can not get AB because when you should get it there will be no AB any more.
Same thing she will achieve after 4 years with new law.

hi,
I am a spouse of a "GC Inhaber" and also working in Germany.I hope my expereince helps someone after reading posts herein the chain.
I got a job after 1 year and 3 months stay in germany and went first to the Ausländersamt and got the page in my visa changed /alterd and now it reads thats i can work in germany.Second i visited the arbetitsamt and asked for work permit and then in turn asked me to get a antrag to be filled by the employer. It took me then two weeks to get the work permit ( i guess there was no one in the position for the Job) .I am a Software Engineer(Btech). Now i am abt to complete 2 years here in germany and i have applied for my AB. I will get it the day i submit a form in the Arbeitsamt which was given to me by my ausländersamt (which reads as that i had no breaks in my stay in this country etc etc ).

Cheers

Just called the Ausländeramt to get a RDV and they told me they can only give RDV from March next year (waiting to learn the new law? :-)) but the guy told me to go over there and take a ticket as normally but to bring with me the papers showing that my wife can get a work permit after being here for 2 years.
So all of you links-addicts, please provide me with a link or more if you know exactly where it is, I don't wanna get myself lost in early afternoon searching for a link in all the posts.

D.

If the spouses who are here for more than 1.5 years but less that 2 years; the Rule is Really unfair if they have to be here for 4 years! Because when we came here, it was the law.

Could you guys suggest how I can overcome this unfair treatment.

Sun

Hey NoB

Pick up a pen:

Legal sources: §19 (1) Ausländergesetz

http://www.aufenthaltstitel.de/auslg.html

§ 284 Sozialgesetzbuch III Arbeitsberechtigung (1) Satz 2

http://www.aufenthaltstitel.de/sgb3.html


§ 2 ArGV Arbeitsberechtigung (2) Satz 1 und 2).

http://www.aufenthaltstitel.de/argv.html


By the way, What is RDV?????

Best wishes men!. Next week will be two years for my wife, I´ll run to ABH the same day to take off the f´....g stempel with "not allowed to work" and depending on your results will go to AB.

Good Luck

YO

-- I will get it the day i submit a form in the Arbeitsamt which was given to me by my ausländersamt (which reads as that i had no breaks in my stay in this country etc etc ).

Are you sure? I aplied for AB for my wife recently and looks like I will need court.
AB is refused because she doesn't have selbstständigeaufenthalterl (SSAE) which she can have only after divorce.

Guy is wrong becuase law says clearly that she does not have to be divorced and that condition is not to have SSAE but to fulfill condition 1 or 3 and 4 to get SSAE.
There is allready same court case where GC won, but idiots do not want to give it.
I will need court.
Why do you think you will get it the same day?

@NoBody

All you need is here in details:
http://www.asyl.net/Magazin/Docs/2004/M-4/5000.pdf

Thanks YO and DvD, I knew you both were some links-addicts :-)

@YO: a RDV is a Rendez-Vous, an appointment, in clear, even if a Rendez-Vous is more used when you have a date :-)

D.

@YO

Do u have this PDF file downloaded somewhere ?? I dont see it now. I think this can be intersting for me.
br
reza649513@yahoo.com