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Visa Questions

Re: work permit to dependent visa

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work permit to dependent visa
Respuesta
27/10/09 16:58
Hello
I m sorry to start a new topic, i could not find relevant information anywhere in the web.
My wife is currently working with AE. the visa is attached to the company. Now if she resigns, is it possible to change the work permit to dependent visa without going back to india and applying all over again! Any reference of legal clause that allows this would be of great help!
The amters have different views over the same question!
Thnx n cheers..
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Re: work permit to dependent visa
Respuesta
27/10/09 17:49 en respuesta a usualsuspect b.
Hello friend,

Can you clarify why would she like to convert the visa back to dependant type ? Does workpermit visa have any disadvantage Vs having dependant visa in her case?

Best wishes,
Raj
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Re: work permit to dependent visa
Respuesta
27/10/09 18:01 en respuesta a usualsuspect b.
No, its not a matter of disadvantage.
She is resigning from her work. Since the visa is tied to the company, we have to change her visa accordingly.
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Re: work permit to dependent visa
Respuesta
28/10/09 16:43 en respuesta a usualsuspect b.
Ok.. no reply here. But some 2 cents from my side.
I went to the auslanderamt today and they told me that changing of visa should not be a problem.
Infact they gave me all the forms and told me to bring the termination letter.
all set for dependent visa..

Now, the question is, will my wife be still eligible for arbeitlosgeld, with a dependent visa in Jan? She has been working here for the past 2 years without a break.
We have to send a proper termination letter and any info at all would be helpful.
I hope this does not turn out to be "my monologue thread! "

Cheers
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Re: work permit to dependent visa
Respuesta
28/10/09 17:03 en respuesta a usualsuspect b.
>>Now, the question is, will my wife be still eligible for arbeitlosgeld, with a dependent visa in Jan? She has been working here for the past 2 years without a break.

Yes, she is eligible, but for the first few months she is not eligible for ALG as she has resigned on her own will and not let go of by the employer. If she does apply for ALG then she should be ready to take up any new job that comes her way and she has to make efforts of searching for a job and show the proof to the arbeitsamt. She may also be needed to present herself at the arbeitsamt whenever she gets an intimation to do so.
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Re: work permit to dependent visa
Respuesta
28/10/09 17:45 en respuesta a usualsuspect b.
Hi Raj,
Thanks a lot for your quick feedback.
We will draft the letter of resignation that she is resigning because her project here is getting over and she is not interested in returning back to india and that she is not interested in the other offer that they are giving her here.
this is the plain fact.Will this do?

Also, what did u mean by few months? 3 or 4 months? Does she have to show tht she was trying to get a job at time too?
Will the AA find a job in the same technology that she is working in, or wud that be a non IT job as well?
Will goin for german classes full time and learning new technology convince them that she is taking all the efforts to find another job?

I m sorry , that i am asking too many questions.
I just need to make an informed decision of whether to apply for ALG or not.
Thnx for ur earlier reply!
Cheers,
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Re: work permit to dependent visa
Respuesta
28/10/09 19:17 en respuesta a usualsuspect b.
>>We will draft the letter of resignation that she is resigning because her project here is getting over and she is not interested in returning back to india and that she is not interested in the other offer that they are giving her here.
this is the plain fact.Will this do?

It depends on her company contract if she is allowed to cancel from here.

>>Also, what did u mean by few months? 3 or 4 months? Does she have to show tht she was trying to get a job at time too?

It is called sperrzeit and could be decided by the Arbeitsamt according to their law. I heard it could be 12 weeks. Yes, she should start from the day she applies to search for new jobs.


>>Will the AA find a job in the same technology that she is working in, or wud that be a non IT job as well?

They will try to find a job in the same category and you are allowed to reject them if you think it does not fit. But after a few times they will again give a sperrzeit

>>Will goin for german classes full time and learning new technology convince them that she is taking all the efforts to find another job?

They may sponsor it themself if they find it necessary to find a job, but only if is difficult with her present qualifications.
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Re: work permit to dependent visa
Respuesta
29/10/09 0:57 en respuesta a usualsuspect b.
Hi Raj
Many thanks for the reply. Yes she is allowed to resign from here as this is a proper sister company registered in germany. For all purpose its as good as a proper german company.

I also tried finding about the sperrzeit, and it seems to be 12 weeks. We will be going to the arbeitsamt to register after she resigns.. Will keep this thread posted for others.

Thanks once again.
Cheers
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Re: work permit to dependent visa
Respuesta
11/11/09 17:35 en respuesta a usualsuspect b.
Hello everyone,
Some update from my end. The Arbeitsamt accepted the arbeitslos anmeldung even though my wife had a visa tied to the company. Infact they didnt check much on teh visa part( which was strange to me).
Also there is no sperrzeit as we told them early about the resignation. It was sort of mutual agreement.
Today we went to the auslanderamt today. the lady agreed to give BE for my wife(without another job contract in hand).
We asked her for EG, but she said that BE is the first step, and later she could apply for a freelancer visa. But she also said that getting that is harder.
Another strange thing is that she said she has to check with arbeitsamt for giving a BE to my wife. This is strange because there is usually no checks done if u are in work for 2 yrs straight.
anyway , i didnt want to push my luck harder n just kept quiet about it.

so, my history says tht arbeitslos geld is possible even with AE. and they give BE in frankfurt even if u dont have another job offer.
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