Hello All , I am Rohit from India currently working in Germany. I need urgent help on following question.My question is about german visa.
1)I have a German work permit which says Erwerbstätigkeit nicht gestattet einer Beschäftigung als : "COMPANY NAME AND ADDRESS" die Aufenthaltserlaubnis erlischt mit Beendigung o.a. Tätigkeit.Gilt nicht für eine Tätigkeit als Leiharbeitnehmer. And this visa is valid until 15 Mar 2009.
2)I have already started looking for new jobs and it looks like I could get some potential job offer in hand until mid or end of January . As my current visa will expire on 15 Mar 2009 , my current employer will apply for my visa extension. If in case my new employer applies for new visa for me in the same time frame , this case will also go to the same Raht haus (as I am not going to change my residence.) It means 2 applications will go to same raht haus and then to arbeitzamt. Is this legal? Or will create problem and Raht haus may not accept visa application from my new employer.
3) I have a notice period of 3 months to my current employer and to fulfill that I will need my current visa extension done. This point I will surely communicate to my new employer.
Shall I say to my new employer that he should apply for my new visa only after 15 Mar 2009. Is it possible that I take the new offer in January and applying for visa for that new offer after 15 Mar 2009.And then I can finish my notice period and join him in May or June. It will be great great help if I receive the best tips to handle this situation. Thanking you in anticipation.

My new employer hopefully will accept and respect the fact that I have to fulfill the notice period with my current company as this is usual. What if in case I want to cut my notice period to 1 or 2 months, can I do so by paying any fees like one month salary to my current employer?

Basrohit,

dont be in a hurry and complicate the situation as you are still expecting a Job Offer in Jan. If you are offered please ask for 3 to 4 months say by Jun as the joining date to be on the safer side.

Four years ago I had my Aufethalterlaubnis tied upto a particular company. I informed by Boss and resigned and parallely processed my new Aufethalterlaubnis from my new Employer and I requested him to let me work till I get my new Aufenthalststitel from my New Employer. But I took a pause of 1 week between my Old and New assignment.

If you have good rapport with your current Boss and if he is helpful and trustful then you can go ahead take the risk of informing him informally which could be the basis for a formal resignation. In any case the old employer will come to know whén the old ALT is cancelled.

All the Best

Thank you truster for your advice.
Unfortunately my current employer would not be so much helpful if I say to him about my resignation plan.
In fact , if I tell him about my resignation plan, he will then not extend my current visa and in fact will ask me to come back to India once I finish my current visa up to 15 Mar. This will keep no chance for me to stay in Germany.

Hence , I have to put my resignation on or after 15 Mar and then I should request new employer to apply for new visa after 15 Mar. I am not sure all this works so smooth !
As you advised I will say joining time as Jun to new employer .

Hi,
There should not be any problem for you once you get current visa extended and then resign, but one thing :- I am not sure for which company you are working currently, but if it is TCS, there will be lots of problems. Visa updations for employers in tcs changing to other firms are now getting into huddles in visa office and if its in Munich, just be very careful.

Rohit,

I do not know if you are supposed to serve your 3months notice period in Germany or in India, whether you have a german contract or expat contract from India. Also, Do you have a bond with your Indian employer? In any case,

First step:
It is in your best interest to get your Visa extended from your Current employer quickly and you need not wait till Mar 15th for that.

Second step:
When you have your job offer and once they file your papers for your new visa, you get to know from the Auslandbehorde if your papers are approved or not. If approved you will get a termin for your Visa stamping. (Would recommend you to go through a your new Employer's HR or relocation agent)

Third step:
Only based on the confirmation from ABH as per second step you could resign your current employment

Most importantly,
Your Indian Employer try to recall you back to India as soon as you resign to do the closure fomalities. Since your new Visa is already approved in ABH you could join your new employer without much hassles.

Hope this helps.

Hello ,
Thank you very much for your these tips !