Hello Everybody,

I am Binoy from Hamburg, and I am here on Greencard since 24.01.2001 and my wife joined me on 6.11.2002.

Issues related to my wife's visa
---------------------------------------------
She got a visa for a year and then a extension for 2 year.

So she had a valid visa till 29.10.05.
On 26.05.2005 she got her new passport with name changed, so since being here for 2.5 years and haven't worked,
we wanted to apply for "Arbeitsberechtigung"

I had a long discussion today at Auslanderbehörde, and since I didn't had any documents other than the letter
I have pasted below..

She got the visa which says "Erwerbstätigkeit nicht erlaubt" and the person gave a formular to fill in case she gets a
job and then they will forward to arbeitsamt asking permission whether she is allowed and then they will allow.

Is this the right way, since she had already completed 2.5 years here and not worked.
Isn't she eligible for a Arbeitsberechtigung.

Thanking you'll in advance
Binoy

The Letter which I had with me (it was from a discussion earlier in the forum)

Dear Sir,

Thank you your inquiry.

You may find the legal sources concerning your inquiry in the Sozialgesetzbuch
(SGB III), Ausländergesetz (AuslG) and in the Arbeitsgenehmigungsverordnung
(ArGV).

After one year residence in Germany the spouse of a Green Card holder can apply
for a work permit. Relevant is the date when the residence permit was issued or
for those who got married afterwards in Germany the date of marriage. The local
labour office (Arbeitsamt) will then prove if there is a German or EU-citizen
for the concrete position. This labour market check may last up to six weeks.
This work permit is only valid for the position it was originally applied for.
The employer needs to fill out the "Antrag auf Arbeitserlaubnis" (application on
work permtit) and send it to the local employment office.

After two years of living in Germany the spouse may apply for the
"Arbeitsberechtigung", which stands for an unlimited and not employer related
work permit, at the local labour office. The labour office must issue this work
permit to the applicant any time that the conditions according to §19 (1)
Ausländergesetz are given (independent residence). Legal sources: §19 (1)
Ausländergesetz , § 284 Sozialgesetzbuch III Arbeitsberechtigung (1) Satz 2; § 2
ArGV Arbeitsberechtigung (2) Satz 1 und 2).

Sincerely

ZAV IT-Sonderteam
Central Placement Office (ZAV)
53107 Bonn
Germany
Phone: +49 228 713 1212
Fax: +49 228 713 270 1207
Email: Bonn-ZAV.IT-Experts@arbeitsamt.de

Hi Binoy

I think you had used the bad letter.

Of course this text appeared in the forum. This was a text of an email I received from ZAV in Bonn.

Well, sad to say it, but I think this letter is not appliable anymore. The law has changed, even the ZAV doesn´t exist anymore.

Please take a look on the forum for any other people experiences but for all messages after 1.1.05

You are right Yo, its a old letter which is not applicable, I had taken it only for the sake that they clarify me with the new law, as I didn't find similarity in the new law.

Does that mean in the new law there is no fixed years after which spouse can get 'Arbeitsberechtigung'.

And has to go through the process of filling up of form with employment details with employer signature/stamp and then submit to Auslanderbehörde (internally it goes for verification in arbeitsamt whether to allow to work) if yes then visa is changed !

Is this the only way for a spouse to start work ?

Let me know if anybody had similar experiences.

Thanks,
Binoy

Search the forum a litle.
I think NoBody found something in new law that is similar, so spouse can get Be after 2 years.

It was better to do Antrag last year because there were all details here in forum.
This year law is less known.
And if you find posts from NoBody it will be hard to explain it to ABH/AA.