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Visa Questions

Working holiday visa and Erwerbstätigkeit gestattet

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Hello team,

I'm here after an exhausting search across cyberspace which has yeilded completely conflicting information. Here is my situation, as clear as I can lay it out. If anyone out there can help bring some clarity to this incredibly ambiguous situation, I'd basically be eternally grateful. So:

* I'm a 28-year old NZ citizen who holds a working holiday permit
* "Erwerbstätigkeit gestattet" and "Ferienarbeitsaufenthalt" are printed on the permit, which is valid for 12 months
* I have a tentative job offer with a company, but they can't offer me a permanent position for a couple of months due to budget restrictions. However, they would like me to work (as would I) in the interim on a contract/freelance basis. But I can't freelance on my work permit (OR can I? "
Erwerbstätigkeit gestattet", according to some, allows self-employed work. According to an almost equal number of others, it doesn't.)

Therefore: with my current visa, how can I work for this company, short of applying for a freelance visa (which can take up to three months to process, defeating the purpose entirely).

For instance, one suggestion has been that I need to company to offer me a "pratikum".

Some distinctions would be useful here: what constitutes freelance work? Are you considered a freelancer if you are required to invoice the company you are working for? Is there a legal difference between freelance work, self-employed work, and contract work that is relevant to my situation?

Any thoughts, please. Like I said, I would really appreciate any advice or help that comes from this.
+1 (1 Vote)

RE: Working holiday visa and Erwerbstätigkeit gestattet
Answer
11/7/13 6:10 PM as a reply to Danny Pemberton.
If your visa is issued according to § 18 Abs 3 then Freelancing is allowed I think.  Otherwise they would explicitly mention "Selbstständige Tätigkeit nicht gestattet".  You can check at http://www.gesetze-im-internet.de/aufenthg_2004/__18.html . It is available in english also.
0 (0 Votes)

RE: Working holiday visa and Erwerbstätigkeit gestattet
Answer
11/7/13 9:13 PM as a reply to Parkin edger.
Hello Parkin,

Thanks for the response. My permit was issued under § 18 Abs 3 and § 78a Abs 1.. but I can't find anything relating to freelance work on that page...
0 (0 Votes)

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