Hi,

I am a GC -holder since 3 years. I married last year and my wife joined me 1 year back. She got a job offer from a IT company, but salary is not so high that she could get a GreenCard. Is there any way that she can get a normal work permit.

As I understood, after one year she can apply for any normal job. So how people get work permit in that case.

Any help !!

Thank you in advance,

Best regards,

Rajnish

Give a try with a GC, you got better chance to stay and do 8 years then. All the jobs I had until now were with a salary under the one requested for a GC, so depending on where you are, they could close their eyes on this point.

Just make a try, you never know.

D.

Thank you nobody for your reply. But We are looking for a legal and straight way. We don't want to do hits or tries, as it is a legal matter. It could produce complications in future.

Back to our question : Either it works or it does not work. We need to know if it works how does it work and if it does not what is the reason?

Any help will be appreciated.

Best regards,

Rajnish

"But We are looking for a legal and straight way. We don't want to do hits or tries, as it is a legal matter.", if you go on a legal way, then it won't worked, as the law says she's not allowed to take a job with a salary under the legal requirement for GC.

"It could produce complications in future.", don't think it could, had 3 jobs with a lower salary and I had no complications so far, and the people at the Arbeitsamt from the 3 cities (Darmstadt, Frankfurt, Köln) did checked my contract and the salary was well stated. If they want to go on court one day, they will be held responsible, THEY were the guys giving me the WP, see what I mean?

D.

Hi Rajnish

Your wife already did the hardest part, getting the job.

I can tell you for sure she can work. I´ll give you two sources to prove this.

First, there is a broschure in the ZAV www site to explain GC what we can/cannot do while we have our GC.

http://www.arbeitsagentur.de/content/de_DE/hauptstelle/a-04/importierter_inhalt/pdf/a987engl.pdf

Download the document and check the part of the spouse work permit. There says your wife can get a work permit after one year here. But there is only written "work permit", in no place says "GC" or "salary limit" or nothing. So SHE CAN WORK

Second: I write to ZAV to check the trueness of this broschure. I´ve get a big letter, but the part interesting for you is:

"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. "

So, she have to pick a formular in Arbeitsamt, get it filled for her future employer and just wait a weeks. In this time in AA will check if any german can fill this position, but there is the ability of her future boss to fill the form cleverly, with some things/combination of things of the Lebenslauf of your wife that makes difficult for another person to fit in this job.

I guess this will calm you and your wife and please keep us informed about it.

Regards and good luck

YO

Can somebody compare this to the reply I got in this forum?

I'm a bit confused now.

http://www.trust7.com/en/forums/visa_questions/spouse_visa

Thank you
VR

Hi VR

Why are you confused? I receive this letter straight from the people of the ZAV, but you know, all AA act different.

Maybe with more information from your side (place you live, date of marrying) somebody can help you more.

But if you want to be sure, just call AAmt or just go.

Regards

YO

Sure I'll go to Amt, but if you follow the link I posted to the my topic some time ago, people answered that after one year of GC holder being here, his spouse can aply for WP.
Her work does not have to do anything with GC job, it can be any job.

That is what I got from replies to my post.

Is that true or what you said?

I knew the limit when I was coming to Germany, the limit of one year, you are talking about even longer time !?

Rgds
VR

VR:

I did go to your link. Let´s resume:

1- You are right. The job can be any job, nothing matters with IT is also valid.
2- You´re not right. After a year, YOUR WIFE EMPLOYER have to apply for your wife work permit, whathever she makes. He have to fill the papers. So the first step has to be always find a job.

Only after two years, your wife can go to the AAmt and ask for a work permit self, even Unbefristete if she is luck. This was also largely discussed here and even there are a couple of GC had to went to Courts to ask for this right.

Alles klar?

Regards

YO

Alles klar,

She gets a permit for one year, that is what I was missing. After that she has to apply again, but I suppose she already has a job, and if she doesn't what happenes?

I don't see a point in getting the job first or not, if she has a right to work, she should have a wp that is not related to a company, maybe limited to some time, but not to the company.

I'm not telling that I know, I have no idea, just want to understand it completely before I merry ))))))))

Rgds,
Vladimir

Vladimir

Hallo Vladimir

You pointed the right stuff: after a year no working at all, she gets A COMPANY TIED work permit! That´s the reason why she NEEDS a job first. Shade but is not my fault.

But, don´t thing your way is that way. Your wife or future wife has already in Germany a little while, she has the right to work X hours a week as student!, no big mess to get work permit from AAmt.

Tschüss

YO

Hi,

Yes, but she finished studies now.

In new, coming low I think there is a way to stay one year after finishing studies to search for a job.
But, the low starts from January 2005, and her visa expires in a month.
So, we better get merried before her visa expires...

Thank you,
Vladimir

Hi Rajnish,

The law is that your wife can get a unlimited work permit because you are a greencard Holder. I know a wife of a GC Holder who has got unlimited work permit eventhough she is working for less than 400 € basis. Well it depends on the number of years she has been here. Again the law is that if your wife has been here for one year, she can get it so far as there is job. At first it was two years bur later it was changed.
You can contact the ZAV.

All the best.

Hi Koloz

I have contacted ZAV 1 month ago. The regulations was not changed. Please read my first post of this thread. 1 year = tied work permit, 2 years = the work permit you mentioned.

Regards

YO

Hi Friends,

Thank you all guys a lot. I got unexpected number of replies, which are very useful.

We have checked with employer, they say it is ok. She can get WP, but they have not started the process yet. May be checking with lawyers ... God knows.

I will update the outcome .... as it and when happens.

Best regards,

Rajnish

You can find information here:
http://www.trust7.com/en/content/advancedsearch/(offset)/5?SearchText=Spouse+work+permit&PhraseSearchText=&SearchContentClassID=-1&SearchContentClassAttributeID=-1&SearchSectionID=-1&SubTreeArray%5B%5D=48&SearchDate=-1&SearchPageLimit=1

P.S: its the search result of terms "Spouse work permit"

Thanks Moiin.

When I clicked the link you gave me, it provided me 309 search results, since the first one was of 2004. Moreover rules keep on changing.

- I started with last one and in that thread, same thing was writte "topic has been discussed before". Moreover, search result comes back with messages at random and reading each message will be hours long job.

- Second last thread: "Query on NE & converting work permit to dependent for spouse" (not relevant)

- next one, "Getting work permit for dependent visa"- except subject, not relevant

- next "Benefit of chaging spouse visa to student visa" not relevant

- next: "Work permit for Spouse" of 2006. too old. Rules keep on changing, you know that.

- next: "Spouse visa - Refusal" not relvant

so on and on. Will not be so easy to go through all 309 search results.

If you got some info Moiin, please share, if you have link to some useful thread for me, please post the same.

-Tony

Hi,

Spouse gets same residence like you. If yours is not company dependent, she will get the same on request.

J

If she is coming for the first time, she will get visa from her home country. She will get a residence permit once she is here and goes to the Ausländerbehörde.

Thanks J but what about spouse's work permit? Will she also get same work permit as of mine or she will have to wait for some months/time/integration course?

Tony, I thought you will get the info from there! I am sorry, it seems you didnt find. Actually, as far as I know the same what "jivankitalaash" mentioned! But as I wasnt sure so I didnt mention it!