Hello,

I am a Canadian citisen and I have been working in Germany for 7-8 months with the EU Blue Card program working in IT field.
My wife, our daughter and my stepson applied for a visa and my step son was refused a visa because by German law my wife who has a custody over the child needs a full custody documet or in other words for my step sons biological father to gice up his son fully in the court again whic is in some countries not possible by law.
There was a law in Germany that was supposed to be passed on 01.07.2013 then this document would not be needed but the law has not been passed and the officer told me he doesnt know when or if it will be passed and many people are waiting for it.
Now my wife doesnt want to stay without her son and I can not stay here without my family.
I was told by the officer that after 19 months I am allowed to applie for unrestricted work and residence permit with the proof of German language knowlege of B1.
My question is if I stay and get my ulimited work and residence permit on the grounds of EU Blue Card Germany am I than allowed to work in other EU countries or just in Germany???
If Germany doesnt pass this law I would like to move to Austria then because they have already passed this law that stepkids can join their faimilies.
Will I be able to work with this germany EU work and settlment permit in Austria or do I have the repet the whole püroces of getting a temporary work permit?
Now I am in a big dilema and this came as a big surprise to me and I was told that the Blue Card holders will have an easier way of reuniting with the family but for my case it is not so and I am bit dissapointed.

Thanks in advance for anyone that can share any of the information with me.

Regards,

Deni

After working 21 months in Germany with a Blue Card and completing B1 German it is possible to apply for an NE for Germany. However, if you want to work elsewhere in the EU you'll need to apply for a new work permit for the new country.  

Thank you for that answer,

but will I be able to use my German NE to easily get work permit in the other EU countries or will it my German NE not be of any use in the other countries (Austria) to easier get a work and residence permit?
Thanks again,

Deni

A German NE does not make any difference in Austria.

After 18 months Blue Card holders may move to another EU country to apply for a Blue Care in the second Member State, however, they are still required to pass the local labour market test/Blue Card salary threshold (see Article 17 of the COUNCIL DIRECTIVE 2009/50/EC for more info).

Ok thanks for the info,
After 18 months of having a blue card here in Germany and possibly stay few months more and after 21 months getting a German NE if I get a job in Austria and appliy again for a Blue Card is it the same law in Austria that after 21 months get a Austrian NE and are the rules for BC Austria same as BC Germany?

thanks a lot again and regards,

Deni

As a Canadian citizen I don't think it makes much sense for you to stay long enough in Germany just to apply for a German NE, since as soon as you move to Austria your NE will become void. A German NE does not confer any special rights on you in Austria. Furthermore, although it won't fall under the Blue Card rules, as long as you have a valid residence permit for Germany, you can apply for your Austrian permit while still living here.

Your biggest obstacle will be finding a job in Austria that meets the Blue Card criteria.

So by having a german NE and a valid residence in Germany and appling for a Austrian work permit and going to austria and working there for couple of years will than my German NE become invalid.  Is it not German NE is unlimited or do I have to keep living and working in Germany in order to keep it?

The other question is is there a way to work in Austria and not lose Germany NE or at least to live and work in Austria with my family until Germany passes a new law that makes it easirer for stepchildren to reunite with the parent.
How is the demand for IT professionals in Austria, and is it hard to find a job in the IT filed comparing to Germany when you say that my biggest obsticle will be finding a job in Austria that meets Blue Card criteria?

thanks again in advance,

Although a German NE does not expire as long as you are living here, under certain circumstances it'll become void (see §51 AufenthG).


Germany set an artificially low threshold for the Blue Card to meet industry demands for cheap labour. Whereas Austria followed the EU Directive and the Blue Card threshold is about 55k.

Is it not a treshold for EU Blue Card for IT field lower than 55k as it is a on a deficiency lists?

Do you know where can I find more info on Austrian Bluce Card program?

Would I not be able to work with German work permint in Austria, is it just a matter of appliang for a Austrian work visa?.


Thanks again.

Best regards,

Deni

AFAIK the Austrian government only wants truly highly qualified foreigners for well paid positions and not foreigners to undercut recent grads and drive down wages.

See http://www.migration.gv.at/de/formen-der-zuwanderung.html for info on Austrian permits.

If you want to work in Austria, you need an Austrian work permit.

If you don't mind me asking, why are you so interested in moving to Europe? You do realise that the educational system in Canada is much better than either Germany or Austria? Your employment prospects in Canada are probably also better than in Germany.

Hello and thanks for the reply, we just came back from a holiday so couldnt answer before,
I only found info on Austrian Red White Red work permits where I am interested in Blue Card treshold for IT professionels.
I have moved out of Canada 10 years age and came to live in Europe (eastern Europe Bosnia my home country)
where I met my wife and we decided to live in western Europe so it is close to visit our family and friends.
I realise that educational system in Canada is very good and employment is somewhat similar as here but for other reasons we decided to live in Europe.

Now that we encountered a problem with my stepchild we are thinking of moving to Austria and I am looking for info how I could get employment and residence permits form my family in Austria.

Any information would be healpful,

Thanks
again in advance.
Deni