Hello everyone,
I have a few questions to which I really would appreciate some answers. Anyone who has any information on this matter is heartily thanked for providing it.
I am currently living in Japan (has been for about 10 years). I have a PhD in Physics and was recently offered a PostDoc position (BATII/a). My interest in this offer based purely on academic considerations is undeniable. However, leaving a country I know well to country I don’t really know (visited Germany only 4 times) is a bit daunting. My questions are:
1. What is the type of visa I will be getting, if anyone knows? I know that with the old regulation I did not need a work permit as stated on the MPI page. With the new law however things have changed and I am not so sure.
2. What is the status of the spouse in the case of a scientific position? I have read the new Immigration Act, and there is a stipulation that my wife can get work but subject to the same restrictions as I. It is however these restrictions that I don’t understand. Also it is stipulated that after 2 year residence my wife can get unrestricted work permit. Is this correct? Even in the case of a scientific position?
3. After my contract limit (3 years) is finished can I extend my stay in case I find suitable job?

Anybody with a similar situation or experience is heartily invited to share his/her thoughts.

Thank you very much

1. you will get RP for studium.
2. i am not sure
3. after postDoc you will get 1 year to search job but you can search this 3 years too.
if you get it, you get better RP and after another 5 years you could get PR

Hi Dr. Keeper ;-)

Well, DvD knows more than me (and he is faster).

Well, with a little bit of luck, you can get permanent residence here from the beginning. You have a PhD, comming here to a Postdoctoral position, I think you won´t have a problem.

Why "I think"? Well. New law started just a couple of weeks ago, not too much experience about it yet. There is a clause in the new immigration law about "Highly qualified position" but need a couple of details not so clear till now, like working in a resesearch project of a university, somebody (surely a Professor) have to declare you are necessary, the project have to provide benefits for Germany and those kind of rumours I have heard/read BUT I couldn´t found in any law/regulation clearly stipulated.

The best idea is the people of the university/firma where you plan to go to contact directly the authorities in the "ABH" or Ausländerbehörde in the area you will work. If you speak german, you can do it, but I suggest any good german languaje people do that because the "small things" here are very important and usually the ABH people doesn´t speak english.

About your wife, with the old law, your wife cannot work for a year at all. After the year, if she got a work, a formular must to be filled with a formal proposition of the employer and in the Arbeitsamt they checked if no German people was available to that position, she got the authorization, otherwise no.

After two years, there was a way for her to get a vissum. I did so for my wife, but now this can only occur after 4 years. Before that, she have to get a job offer and then tramit the visum (also not 100% for sure, also no experiences) is like I mentioned but I think now in ABH.

Well, good luck and please let us know what did you know in addition just "for the records"

Regards

yo problem is that for postDoc job he needs no agreement from AA or ABH.
And for those jobs you can not get PR.

Thank you DVD and YO1 for you prompt answers.

1. If I understand correctly, you are saying that my wife cannot get unrestricted work permit until a lapse of 4 years. This however is nowhere found in the new law I read, the stipulation is for 2 years in section 29(5) "if marital cohabitation has lawfully existed in the Federal territory for at least 2 years".
2. Why does PR need another 5 years DVD, and the first 3 years of PostDoc are not included? The stipulations of section 9(2) do not mention anything about the type of RP only its duration. If it will take me 8 years to just get PR the situation is much worse than I thought.

One last question to all of you、 who have treaded this path before. Is Germany the kind of country where a foreigner (both my wife and I) can positively build a career with a reasonable amount of hardship? Or is it a struggle from start to end with only fleeting or perhaps non-existing moments of dying hope?

Regards