Hallo All,

I need to know, if a student finish his studies in GERMANY ( MSc in Software Technology) and got a work-contract from a softwar company, appoint as a CONSULTANT. Then arbeitstamt will check, if the person is allowed to work or not ??? is that true( pls note the person has sign the contract after finishing his studies in April 2005).

What are the chances that he get the work-permit as a consultant. And what are the things on which arbeitsamt check if allow to giver work-permit or not.

Secondly, if arbeitsamt say NO, is there any other option avaiable. ( as work-contract is already being signed).

Many Thanks,

Rule is easy. If there is german available for position you can not get visa.
So honestly said noone could get visa after studium.
But if the company does job description very good so that nobody else fits in position than you have chance.

Here is what the law says.....


Section 39 (2) The Federal Employment Agency may approve the granting of a residence permit to take up employment pursuant to Section 18 if

1. a) the employment of foreigners does not result in any adverse consequences for the labour market, in particular with regard to the employment structure, the regions and the branches of the economy, and
b) no German workers, foreigners who possess the same legal status as German workers with regard to the right to take up employment or other foreigners who are entitled to preferential access to the labour market under the law of the European Union are available for the type of employment concerned or,

2. it has established, via investigations for individual occupational groups or for individual industries in accordance with sentence 1, no. 1, letters a and b, that filling the vacancies with foreign applicants is justifiable in terms of labour market policy and integration aspects 39 and the foreigner is not employed on terms less favourable than apply to comparable German workers. German workers and foreigners of equal status shall also be deemed to be available if they can only be placed with assistance from the Federal Employment Agency. The potential employer of a foreigner who requires approval in order to take up employment shall be required to furnish the Federal Employment Agency with information on pay, working hours and other terms and conditions of employment.

Hallo,

Thanks for ur replies,

So, if in case, arbeitsamt says *NO* ( means a german is avaiable for that position), Then arbeitsamt will recommed that german to that company....hum... do the company has to take that person ( recommened by arbeitsamt ??? )

There is no other way, if arbeitsamt says NO ??

Many thanks,

Haider Syed.

Hi

One thing I also would like to ask.

if arbeisamt will only look for the ( equal german candidate ) in their region or in the whole country.

Means if the job area is, lets say in darmstadt, then arbeitsamt will check the ( equal candidate who are registred in darmstadt arbeitamt ) or in the whole country ??

Many thanks,

Haider Syed.

"if arbeisamt will only look for the ( equal german candidate ) in their region or in the whole country."


They will look actually in all EU whether someone can take this job, provided that these candidates from EU are willing to relocate to Germany.

As DvD mentions, company should mention really specific expertise in the job description. This should ease the things a bit but the verification period is also not that quick, according to the people's experience who went through this process.

It used to be quick for ITlers with old good greencard regulation which is not valid anymore.

Regards

Lacrima

Hallo,

Thanks for your replies,

Okey, I understand this that, GERMANS and EU people has more priority, but arbeitsamt can only look into the list of people ( germans/EU ) who are registered in that particular arbeitsamt ???? OR !


Seconly, would be great, if some one let me know the second part of my question i.e. if arbeitsamt says *NO* , is there any alternative solution. Do company has to take the recommanded person from arbeitsamt ??

Many Thanks,

Regards,

if your company can convince the arbeitsamt stating that you are the only guy who has the extra-ordinary qualifications to do the job; arbetsamt may not be able to deny your arbeitserlaubnis.

"Okey, I understand this that, GERMANS and EU people has more priority, but arbeitsamt can only look into the list of people ( germans/EU ) who are registered in that particular arbeitsamt ???? OR!" not in that particular AA but in the central database of unemployed people. But for the EU people, they will be checking only those living in the German soil.

For the second question, the company is not obliged to take on board the person recommanded by the AA.

If the company can make the job description fitting the person very well, then he can get the work permit.

D.

hey,

Thank you very much for your reply.

Do u think its okey, if I contact my company and let this all know, so in case ( unfortunately I get no ) my company know what to do next ??

or you think its better to wait, is there any one who got No , what he did then ??

Regards,

of course you shd inform your company and try to get their help!

Isnt it the duty of the company to get all the paperwork done???? What do other members say?

Yep, just let 'em know how they should handle that. It's their duty to get all the papers in order, but it's yours to help 'em, if you really want to work with 'em.

D.

hey, thanks for your suggestions,

Now the problem is that, in my last interview, they ask me if they have to do some extra stuff for me in-order to help me in getting work-permit etc. And at that time i was not know this all stuff ( as I heard from some friends, kind-off as green-card is not valid any more, so now one can get at-least 1 year work-permit visa etc) and I said to them only work-contract is enough. Which they have provided me.

Now help me in letting know, how I can make my position clear to them !!

Dont know, kind of confused,

Regards,