Hi All,
I am changing my job and while I was in the ABH, they said my new visa will be binded to the new company. So far I have visa as GC without any binding to my old company rather binded to IT. Is this so? Does that mean if I lose my new job, I will lose my visa status right away too?

Any advice or experience?

Ad.

Please provide some more information like:

1. How long have you been working in Germany?
2. What have they written on your passport(next to Aufenhaltserlaubnis) ?

"So far I have visa as GC without any binding to my old company rather binded to IT."

-- i think previous time it was bined to IT (as well to a 'valid workpermit' which surely was issued to your old company.) Therefore, it was indirectly binded to your company too.

Cheers.

The old text is :
Unselbstaendige Erwerbstaetigkeit nur gemaess gueltiger Arbeitsgenehmigung als Fachkraft fuer Komm. und IT gestattet.

The new text is:
"Beschaeftigung uneingeschraenkt erlaubt."

(In both cases self-employment is not allowed)

"Beschaeftigung uneingeschraenkt erlaubt."

Your visa is niether binding to company nor to IT. You can work anywhere and do anything, apart from doing your own business. You can change job on daily basis and don't need to inform ABH or AA.

I also have the same issue. This morning I was in ABH, and they gave me just for one month visa (kind of temporary, actually the modified copy of my old residence permit), as it will take some to get green signal from Arbeitsamt.

The new things is, they also added the name of the company and place. Earlier there was no such restriction. On my query the lady replied, "According to new rule, the company name must be added to residence permit." I have known from some posts in this forum that some people got new residence permits without the company name on it... is this true?? or other ABH's dont have this information...??

Hi Akshay,
THanks for your prompt reply. I have made a deliberate mistake in my last reply about the new text on my Passport. Actually I didnt get my new visa yet after applying for the new work permit at the ABH on last Monday. Its one of my friend who also like me changed job, had a GC before and now got that new text on his passport. I thought I would have got the same kind of text as his, but now I am afraid that it might not be the same for me. Because my friend worked more than 3 years before here, and I worked only 8 months in my first company with the GC.

Now that the ABH said to me last week, should I get my new visa binded to the new company? According to some law I thought all who had GC before 2005 would get an "unlimited allowance" from the AA. What interpretation does that law have here? Should ABH like to put my new visa as binded to the new company, do I possess any right to disagree with them?

@mk, I read through your wonderful success story (very scarce in German ABHs!) in the other post about UbArE, congrates first of all. I suppose you have some experience about work permit stuffs. Do you have an answer to this situation?

Thanks all.
Ad.

hmm....deliberate mistake :-)

Well, in light of the new fact I can assure you that you have an "unlimited allowance" to work, taking in account that you are an GC before 2005. But the following restrictions still apply to you,

1. der beruflichen Tätigkeit,
2. des Arbeitgebers,
3. des Bezirkes der Agentur für Arbeit und
4. der Lage und Verteilung der Arbeitszeit

According to §46.2 BeschV, you visa should not be bound to a company as you have got GC. Your visa could be bound to IT.
If you have already paid 36 months of rente in Germany, you can claim unrestricted work permit.

@mk

"Die einer IT-Fachkraft nach § 6 Abs. 2 der Verordnung über die Arbeitsgenehmigung für hoch qualifizierte Fachkräfte der Informations- und Kommunikationstechnologie erteilte befristete Arbeitserlaubnis gilt als unbefristete Zustimmung zum Aufenthaltstitel zur Ausübung einer Beschäftigung fort."

This is §46.2 BeschV and it doesn't say anything about not-binding-to-company. It just says that earlier limited IT work permit would now become unlimited (in terms of duration).

Different ABHs intrpret BeschV 46.2 differently. (Ermessensspielraum)
Fact is, if you depend only on BeschV 46.2, you may get smt between
-> "Beschaftigung erlaubt im IT-Bereich / bei Firma X" to
-> "Erwerbstatigkeit gestattet."

and both are perfectly legal.

Regards,

Lacrima

@xadnan

It is obvious that no matter what the law says, what you get depends upon the mood of government official.

Here is a tip for you. On the day of your appointment, just dress nicely and apply some good pheromone. Who knows, that might just do the trick :-)

Today I went to the ABH again and asked for the update which was unfortunately not yet there. The ABH only could said that they expected some kind of response from the AA. Meanwhile my new company got an email from the AA, Munich who replied to the inquiry about my job change. Here is the reply:

"wie soeben tel. besprochen gilt die aktuelle - noch von der Arbeitsagentur ausgestellte - Arbeitserlaubnis nur für den vorhergehenden Betrieb. Wenn ein Wechsel von Herrn 'XXX' zu Ihrem Unternehmen beabsichtigt ist, sollte er bei seiner Ausländerbehörde vorsprechen, um dort zu erreichen, dass die aufenthaltsrechtliche Auflage im Pass derart geändert wird, dass aus dieser eindeutig hervorgeht bei Ihrem Unternehmen arbeiten zu dürfen. Für ehem. "Green-Card-Inhaber" gibt es eine Übergangsregelung, bei der die Ausländerbehörden die Arbeitsverwaltung nicht mehr beteiligen müssen und selbst sofort entscheiden können."

I think he clearly stated that in case of Job-change for GC holders, there is no need to inquiry the AA at all, right? In my case the ABH made unnecessary delays for nothing. I think they are doing it for many unfortunate GC-holders. And even when I brought the lady in the ABH the letter from the AA, she didnt look really convinced. Just said we will let you know, but no mentioning of when. Just wait! What a shame!

The new company actually advised me to start with them right away as I have a valid visa and dont need really a further confirmation from the AA. The only thing I will get probably is from the ABH which should be sooner, but if later who cares (should I in this case?).

@mk, I only paid around 20 months of rente as a student and as employee. So thats not enough. But on the other hand, when my previous visa is binded to IT, how could they limit it to the new company only? Well, perfume and nice dress, should I try that too!

Thanks all.
Ad.

Hi there,

I have just arrived this morning from ABH since I got an invitation yesterday from them.
My Story: I have been working with GC since 2001 in Heidelberg (BW) and my current GC is valid till Febr 2006. I quit my current job this month since I had become a better offer and started the procedure at ABH on August 4th by handing in my new contract I had to fill in a form for Zustimmung zur Arbeits... and in addition to that I attached a printed version of the famous BMI letter (search in forum for "BMI" if you don't know what it is about). I was told by the Beamterin that she would send all my papers to AA for Zustimmung. I argued with her that I needed NO Arbetsprufung since I'm with GC. I showed her the BMI letter. She made big eyes and replied me that she had no glue about the new regulation and the AA will decide in my case!! so I'd rather contact them!

Today August 18: I got the Zustimmung from AA!! The Beamterin from ABH gave me a new visa interesting thing that it has the same validity as the first one until Febr 2006 but I can start working from October 1st at my new company! She told me that the ABH from Dusseldorf will extend my Aufenthalterlaubnis then.

My visa contains the following text:

"Berechtigt zur Ausubung einer Bescaftigung. Selbstandige oder vergleichbare unselbstandige Erwerbstatigkeit nicht gestattet"

There is another interesting sentence:

"Annmerkungen: $ 18 AufenthG"

Do you know what does it refer to??

Cheers
Krisztian

thats quite normal what you got, and it should have gone like this. they normally dont give visa extension in this case. There are some countries whose nationals might normally get also visa extension with it. (dont ask which countries -).

I think the decision if you need AMC or not is made by Agentur für Arbeit, so thats why AB normally asks AA for the confirmation. It may however not mean that you need AMC being a GC.

Hey guys.....
Along with this...i have a different question,
Can my previous employer block my greencard or workpermit....if i resign to change my job.....
What document is required if i want to get new work permit not binded to any employer,
Please suggest
Ramesh

hello Chalak bhai,

Can my previous employer block my greencard or workpermit....if i resign to change my job.....


->Yes, he can do that, he can fax a letter to ABH stating that your service agreement has been cancelled and you should be deported. The ABH will ask you to come with your passport and they will nullify your visa and ask you to leave the country ASAP. You can opt to be deported if you dont want to spend money for air-ticket :-)


What document is required if i want to get new work permit not binded to any employer,

->Proof of 3 years of working or 4 years of stay in germany.

Hi all,
I started this topic with the question and now I got the answer myself. Today I got my visa changed to "Beschaeftigung uneingeschraenkt erlaubt" which happened after waiting for a while but it finally worked out perfectly the way it should have been happened.

To conclude, I would recommend the GC-holders to change their working permit as per this new regulation specially if your visa is binded to the Company or even to IT. If you have a GC before 2005, even if you had it on 31st of December, 2005 the following applies now:

1. You get an unlimited and unconditional working permit in Germany.
2. There will be no further "Arbeitsmarktpruefung".

Have a nice day all.

Ad.

@xadnan
Congratulations. I guess, you meant 31st of December 2004 ;)

Hi adnan,

could you please let me know on what basis (could you specifically refer to some rule or regulation) under which you got this unrestricted permit. My case is also somewhat similar. I have worked on Green card for two years, next month I am going to start a new job and ABH has told me it will take some time unless they hear from AA (minimum four weeks). And for this period they have issued me new visa (actually the copy of my old visa on my new passport for one month). The interesting thing is: earlier I didn't have the name of company, but now they have included the name of company as well. And the lady told me this is must according to new law !

I am looking forward hearing from you :-)

Lady is talking bxxhit, if your initial workpermit is according to IT-ARGV. Rule is BeschV. 46.2
and it is mentioned at several places in this thread. Please do a search in the forum.

Regards,

Lacrima

Lacrima, thanks. Its 2004 you are right. :-)

nanda, I did at least one thing right, that was to provide a letter from my lawyer. Otherwise the shitty ABH talked to me the same like your case (read back the topic).

Check out the article Lacrima mentioned. My lawyer also stated the same one in the letter.

greetings
ad.

Hi All,

After 5 years of the GC and 60 months of paying into the BfA, you will get a NE -- that everyone knows. In the event that you don't get "Erwerbstatigkeit gestattet" in the NE, you might approach the AbH once again to have it changed -- if hiring a lawyer to do so makes you more confident, then do so. In my case if you give them a smile and make them feel informant, the Beamter are very helpful. Sometimes charm plays its trick on them too ;-)

"In the event that you don't get "Erwerbstatigkeit gestattet" in the NE"

lol....who cares if it is not written in passport. NE gives you an equal status as to a german national. If "Erwerbstatigkeit gestattet" is allowed for a german national then its also allowed for you.

"Sometimes charm plays its trick on them too"

I fully second this notion, just dress nicely and apply some good pheromone ;-)

lol.. yes communication is 30 percent verbal and 70% non-verbal ;-)