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Visa Questions

New residence permit from new employer

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New residence permit from new employer
Answer
10/16/15 10:36 AM
Hi,

I have been offered a job at a new company in Berlin and I am most likely going to take it. However, I had a question about the permit process. Would be great if someone has been in a similar situation and can answer my questions:
  1. My current notice period is 15 days at the present company. The new company will file for the new permit on day 1. The permit usually takes more than 15 days to be approved. So my question is - what happens after I serve out the 15 days at my present company? Am I technically illegal in the country till my new permit is stamped?
  2. I need to go back to India at the end of December for a short vacation. If for whatever reason the new permit is not processed by then, can I leave Berlin? Will the ABH possibly stamp a temporary visa for me at this stage?
Thanks for all your help in advance.
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RE: New residence permit from new employer
Answer
10/16/15 11:56 AM as a reply to Fiend.
Hi,

you do not need a new work permit, you just have to change the employer.

As long as the new contract fulfills the Blue Card conditions it is no problem at all. See the official text:

From what point in time may I change employers?
Any change of job during the first two years of employment requires the approval of the immigration authority (section 19a subs. 4 of the German Residence Act). Approval is subject to the same preconditions as initial issuance. If the minimum gross salary threshold has been raised during the intervening period, compliance with the new threshold must be proven. Holders of an EU Blue Card are obliged to inform the competent immigration authority if the employment for which the EUBlue Card was issued is terminated prematurely
-----

You have to register an address in Berlin, make an appointement with the foreigner office in Berlin, take your Passport, Blue Card and new employment contract and let them change the employer. That's it. If you are already for more than 2 years in Germany you do not have to do anything. 

Good luck
Detlef
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RE: New residence permit from new employer
Answer
10/16/15 12:45 PM as a reply to trust7.
trust7:
Hi,

you do not need a new work permit, you just have to change the employer.

As long as the new contract fulfills the Blue Card conditions it is no problem at all. See the official text:

From what point in time may I change employers?
Any change of job during the first two years of employment requires the approval of the immigration authority (section 19a subs. 4 of the German Residence Act). Approval is subject to the same preconditions as initial issuance. If the minimum gross salary threshold has been raised during the intervening period, compliance with the new threshold must be proven. Holders of an EU Blue Card are obliged to inform the competent immigration authority if the employment for which the EUBlue Card was issued is terminated prematurely
-----

You have to register an address in Berlin, make an appointement with the foreigner office in Berlin, take your Passport, Blue Card and new employment contract and let them change the employer. That's it. If you are already for more than 2 years in Germany you do not have to do anything. 

Good luck
Detlef


Hi Detlef,

Thanks for responding. However, I don't have a blue card. I am on a regular residence permit. Do you know how it works with this?
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RE: New residence permit from new employer
Answer
10/16/15 3:26 PM as a reply to Fiend.
Okay,

maybe you should apply for a Blue Card now and ask your future employer to make a prior approval at the ZAV.

https://www.arbeitsagentur.de/

I guess this will be the fastest way.

Good luck
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RE: New residence permit from new employer
Answer
10/16/15 3:23 PM as a reply to trust7.
trust7:
Okay,

maybe you should apply for a Blue Card now and ask your future employer to make a prior approval at the ZAV.

https://www.arbeitsagentur.de/web/content/DE/service/Ueberuns/WeitereDienststellen/ZentraleAuslandsundFachvermittlung/VersionsDEEN/Englishversion/ApplyingforworkinGermany/index.htm

I guess this will be the fastest way.

Good luck


Unfortunately my salary doesn't match up to the blue card level.
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RE: New residence permit from new employer
Answer
10/16/15 3:28 PM as a reply to Fiend.
Okay, in this case I do not know. Just one thing... do not quitt your current contract untill everything is 100% sure with the new contract.

Bye
Detlef
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