Hi Gurus,

i came from india on 13th march 2009 to germany as a master student. i got a full time job offer.

my studies not completed and am not interest to study because i got a job offer.

friday i went to auslandersamt with my job contract and a letter to arbeitsamt which i received from my employer.

due to my studies not completed, auslandersamt people are not accepting me to apply for work visa and they are telling that i have to go back to india and apply for work visa.

but 3 of indian students eventhough they didn't complete their studies they got work visas. But they are from different cities (one from Essen and remaining 2 people are from wuppertal) and i live in Ratingen.

if there is a rule then it applies to whole german. Essen and Wuppertal auslandersamts had accepted the applications but my auslandersamt is not even taking my application.


Could you please provide me any advice on how to take forward my application?

you cannot change your student visa to work visa without completing studies. Auslandersamt are right, you have to go back to India and apply for work permit. Sorry but thats rule

Regarding other 3 indians, i can say they were lucky to get work visa without completing their studies.

experts correct me if i am wrong

"Sorry but thats rule"

So what would be the legal basis for that rule ?

This decision is at the discretion of the alien's office. If I were you, I would ask my new employer to put some pressure on the ABH so that they stop forcing you to go back to India..
Someone should talk them in German and put some pressure.. ask the legal basis of their decision.. or your employer should state that they need you ASAP and why the hell the ABH is interfering with the business of a German company ? that is your solution..

Good luck

Lacrima

If a person comes here on a tourist visa and gets employment here or gets married to German still he/she needs to return to home country to change the Visa status the same applies for students Visa and that's the rule.
If the other 3 got the Visa then its their luck or their employer might have did all the formalities to procure the Visa.If you return to India the processing time takes almost 3months so your employer needs to put pressure and say they need you soon and cannot wait for so long.

"the same applies for students Visa and that's the rule"

Guys.. that is the rule.. that is the rule.. what is the legal basis for that rule ? if some people do get it without leaving Germany.. then it is obviously the DISCRETION of the ABH.. already heard of the word "Ermessenspielraum" ? if it was really the rule and not the discretion then you would have heard no such case as the ABH officer would be doing something ILLEGAL.. comprehendes ?

Regards,

Lacrima

Just a Thought :-)
Why don't u change ur place and apply??
There is no legal restriction of changing the place of residence in Germany or ?

well,it all depends on ur company also,
if they can ask directly to ur respective ABH that will surely help.
also the time factor,its not even 5 months since u entered germany and ABH will surely think of your purpose of coming???

I might not know the exactly rule, but it lies at the DESCRITION of the officer in the ABH.


but 3 of indian students eventhough they didn't complete their studies they got work visas. But they are from different cities (one from Essen and remaining 2 people are from wuppertal) and i live in Ratingen.

As i too live in Wuppertal, I find the guys here in the ABH a bit friendly which is unusual.

As said by Lubovi you could ask your future employer to involve in the WP process.

Hi,

I know it's a very old message.
but does anyone have any update on this?