hi all,

I am a German university IT graduate. I have a good chance to get a job based on the technical and professional skills. Now I am in discussion for gaining a workpermit. Here is what I got from the employer

"I have to tell you in general, that the green card program is just made
for permanent positions and not for freelance positions. We just offer
positions under freelance conditions (freiberufliche Tätigkeit).

Well the most important thing for me to know is, if you have a European work
permit, or what your idea is to get one. I would be very pleased, if you
could answer this as soon as you can. I'm more than willing to discuss the
current requirements with you if you do have one.

The work permit has to be an open work permit. That means, that it is not
"connected" to a company or just valid in one country.

Other counties in Germany are easier in handling the work permit issue, but we just offer positions in the area of Stuttgart and not in any other counties of Germany. "

Could you please suggest me how can I discuss with them to get a workpermit with the above requirements.

Thanks in advance!
mk



PS: Looks like mk doesn't know how to open new topic so I did it for him.

That is very interesting question.
I never heard for EU work permit that you could obtain in De.
But I heard that according to EU law, De must provide for everyone that works in De for 5 years, Visum that must be valid in whole EU and new ZuwG must provide this posibility.
I supose that Visum is NE in new ZuwG, meaning with NE it should be possible to work everywhere in EU.
At least EU law sais so.

So as a answer to your question:
According to my knowledge this WP for EU gibt's nicht at the moment. With new ZuwG it could be NE, so when you have it you have EUWP.

If someone knows better he may corect me.

btw it was better to graduate in 2005.

Haaallooo
anybody there

this EU work permit is really important thing.
with it you can search for job in whole europe.
so if anyone knows something for sure, let's hear it

Maybe your employer had in mind that EU citizens can work in all EU countries or something like this. As far as I know there is no such thing as EU work permit - every country has different laws.

Exactly..
this letter looks like a letter from a confused employer..
I know it personally sometimes German Employers dont have any idea regarding work-permit and stuff..

I personally helped my employer to get my work-permit done.. I was lucky because I could speak german and investigate and ask on behalf of him.. so you have to direct/guide sometimes your potential employer about the formalities..(give him hints, telling that it is not that difficult to get a work-permit or change a current one.. etc.. ) but to be able to do that ofcourse you have to be good informed regarding the formalities.. :-)

I never heard of an EU work-permit and I dont think one exists..

Regards

Lacrima

hi Lacrima,

Thanks for the reply. Could you please suggest me the formalities that could be done to achieve a freelance work permit. Are the formalities same as to get GC -
e.g. The employer should explain to the Arbeitsamt that I have extraordinary qualification and experience for the offered job position. The required experience can not be found in any German or EU citizen. The employer can prove it by showing the outcomes of interviews with other applicants. And then he can show that I am better than any other applicant for the assignment.

Can I guide in this way? Or you have some other suggestions.

Thanks.

mk

MK
Do you want to get a german green-card ? if so, it is not very difficult when you have a job offer..

Your potential employer wrote smt like this:

"I have to tell you in general, that the green card program is just made
for permanent positions and not for freelance positions"

This is not true.. there is no rule that green-card is only for permanent positions.. I initially got my green-card with a one year contract.. it also depends what you understand from Freelancer..
I think you have to have a contract from a company in order to get your green-card (not necessarily permanent).. so this Freelancer company can offer you a short-term contract(one year or so) and get your green-card in one week.. I dont understand where the problem is.. ???

Regards

Lacrima

I never heard of an EU work-permit and I dont think one exists..
lacrima

you know nothing about it because it is quite new.
EU parlament accepted law that sais that after 5 years anywhere in EU one must have posibility to work everywhere in EU.
old laws do not give such a posibility but any new law in any EU country should be done in accordance with this law.
so I supose ZuwG has this posibility also.
I supose it is done trough NE which means that with NE you should be able to work anywhere in EU.


Thanks for the reply. Could you please suggest me the formalities that could be done to achieve a freelance work permit. Are the formalities same as to get GC -
mk

to get GC is no problem.
they don't have to say anything, just to ask it and they will get it.
but problem is that with GC you can not work outside Germany and as a freelancer-selbstständig. that is written in pass.
befristete Vertrag is another thing. That is erlaubt but freelancing not.

Hi DvD,

"EU parlament accepted law that says that after 5 years anywhere in EU one must have posibility to work everywhere in EU."

more or less true, it still has to be implemented in national law in all countries, and I think in Germany most of the provisions are implemented in the Zuwanderungsgesetz.

Hi aalvarez,

"EU parlament accepted law that says that after 5 years anywhere in EU one must have posibility to work everywhere in EU.", this was a proposal which didn't passed the EU parlement because some countries (Germany being the first) stood up against this.

Can't remember where I read it but it was last year.

D.

"this was a proposal which didn't passed the EU parlement because some countries (Germany being the first) stood up against this."


I think it was something else related to Ausländers that Germany did not let trough. This passed I think.
But best is to find it out on net. I only heard this on TV.

http://europa.eu.int/eur-lex/pri/en/oj/dat/2004/l_016/l_01620040123en00440053.pdf

anyone can explain exactly the rules from a directive going into national law?? when they become valid, (time limits), and how are the control mechanisms to verify that a directive is implemented?

In a last-ditch effort ahead of Thursday's completion of a draft EU constitution, Germany foiled European Union plans to pursue a common immigration policy when it secured the right for national governments to decide whether to give non-EU nationals access to member state labor markets.
http://yaleglobal.yale.edu/display.article?id=2094

hi aalvarez,

that was the document I was saying were rejected, but it seems that things changed in the meantime (they seemed to have agreed in November 2003, I heard of the rejection at the beginning of 2003).

I haven't read it all yet (will do on my way home tonite) but the article 26 says ''
Transposition
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 23 January 2006 at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication.".

So at latest, the things should be in force by end January 2006 for each EU country, so it could serve to people still around, my decision would have been taken long before, as my GC don't go that far.

D.

Article 4
Duration of residence
1. Member States shall grant long-term resident status to
third-country nationals who have resided legally and continuously
within its territory for five years immediately prior to the
submission of the relevant application.

Article 8
Long-term resident's EC residence permit
1. The status as long-term resident shall be permanent,
subject to Article 9.
2. Member States shall issue a long-term resident's EC residence
permit to long-term residents. The permit shall be valid
at least for five years; it shall, upon application if required, be
automatically renewable on expiry.

in 4 lines:
1. land must give you residence after 5 years of work (that is so in ZuwG and was so in AuslG)
2. when you get PR you must get EU residence permit also for minimum 5 years prolonging automaticaly
3 another EU land must not accept your EU residence permit if thay do not want to. De will probably not accept this EURP from other countries but that is for us not important. Most of countries will accept this EUPR an that is for us important.
4. after 8 years when you get citizenship all EU lands must accept you

Article 5

1. Member States shall require third-country nationals to provide evidence that they have, for themselves and for dependent family members:

(a) stable and regular resources which are sufficient to maintain himself/herself and the members of his/her family, without recourse to the social assistance system of the Member State concerned. Member States shall evaluate these resources by reference to their nature and regularity and *may take into account the level of minimum wages and pensions* prior to the application for long-term resident status;
(b) sickness insurance in respect of all risks normally covered for his/her own nationals in the Member State concerned.

2. Member States may require third-country nationals to
comply with integration conditions, *in accordance with national law*.

Hi ,
As of now that is not considering the new immigration law, what is the procedure for getting a unbefristet visa if one has completed 5 yrs . From what I read one needs a unbefristet arbeitserlaubnis. How does one get it ? When I approached the arbeitsamt for this they asked for a unbefristet aufenthalterlaubnis. And when i approached the Ausländeramt they asked for the unlimited work permit. What is the correct way to do it. Any ideas?

regards

Hi gc2001,

I wanted to write something about that but I'm not quite sure that what I would say will be correct, I need to check my previous WP at home first, you will get an answer may be tonite.

D.

My wife just went to Arbeitsamt filled the usual form for workpermit for herself and for me and 3 weeks later we got unbefristed Arbeitserlaubnis – our Aufenthalterlaubnis is valid until 2006 and they didn’t ask for it to be unbefristed. Maybe it’s because we are from new EU – not sure...

bies
how long are you (or wife) working in Deutschland?

This September will be exactly three years.