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Getting work permit with a spouse visa

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May be this question has been already address but i couldn't find the exact information i am looking for.

I am living in Germany now for about 4 years and with a visa §18. My husband first came to germany on spouse visa in july 2010. He now found a job here, how should we apply for the work permit?

i already visited the ausländerbehörde and i was told that we need to wait till july 2012 to get work permit. There is no way that he can apply before June this year. But the job offer is from May, they want him to start in May latest, may be we can get couple of weeks but not 2 months. And we badly want to get the permit and get this job. We are from India.

My question is
1. Is there some way to get work permit by the month of May for him. If anyone know how please to do this please reply.
2. Can he try to apply for the work permit from India - as a fresh applicant and what are the odds that he will get it? In worst case he would still have the spouse visa.
3. Lastly, i think his visa will still be dependent on mine if he get a permit with his current visa. Is there some way to have independent visa later on say after 6 months or so as his job is not limited by time. And it might be a better option for both of us.

Please help.
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Re: Getting work permit with a spouse visa
Answer
2/13/12 8:35 PM as a reply to ami fran.
As for as I know..

My question is
1. Is there some way to get work permit by the month of May for him. If anyone know how please to do this please reply.

Yes, I think so. Have you approached the Ausländerbehörde with his job offer letter. As a spouse,he may be automatically entitled to work permit after 2 yrs. But with a work contract or job offer letter in hand, he should be able to apply for work permit. It may take 4 to 6 weeks.


2. Can he try to apply for the work permit from India - as a fresh applicant and what are the odds that he will get it? In worst case he would still have the spouse visa.

applying from India will not be a good idea since he is already in a spouse visa. being in spouse visa should not be a hindrance to apply for work permit from germany itself.


3. Lastly, i think his visa will still be dependent on mine if he get a permit with his current visa. Is there some way to have independent visa later on say after 6 months or so as his job is not limited by time. And it might be a better option for both of us.

Try this after his probation period.However I don't see a problem here. since you already lived here for 4 yrs, try to get permanent residentship after 5 yrs.
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Re: Getting work permit with a spouse visa
Answer
2/13/12 10:19 PM as a reply to ami fran.
Hi,

I have been struggling with the same problem from past 3 months and I have already lost one job opportunity. Auslanderbehorde says I have to complete 2 years before I can apply for Workpermit.

I would suggest not to keep struggling by yourself if possible ask the Employer to help you out with this. It mostly depends on the Auslanderbehorde of the city. If you are staying at a smaller city I would say try to apply at the bigger city close by.

Please let me know if you have any insight on how things could be if we go back and apply for a workpermit and its impact on our current VISA.

Thanks
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Re: Getting work permit with a spouse visa
Answer
2/14/12 12:56 PM as a reply to ami fran.
Hi

Thanks for your reply query456!

Yes the same problem here the Ausländerbehörde doesn't accept the application emoticon And the company said visa is our responsibility !!! Not sure of how to go about it.

Anyone else had any similar experience and were successful. Please share if you know some way to go about it.

Thanks
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Re: Getting work permit with a spouse visa
Answer
2/14/12 1:03 PM as a reply to ami fran.
Hi rvkvaradhu,

Thanks for your reply.

I spoke to the people at the AB, but they refused to take the application saying its not yet 2 yrs. He will complete 2 years in July but he has to start this job in May else he has to forgo it. Its one of the best option position he came across so we want to knock all doors to get this somehow done !

Ya now since AB doesnt even take the application i dont know what i must do next.
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Re: Getting work permit with a spouse visa
Answer
2/14/12 1:27 PM as a reply to ami fran.
Hi research2012,

the issue is not with 2 yrs stay of your husband. Its bounded with your workpermit type. If you have been working in germany for more than 2 yrs then you should have BE (beschäftigung erlaubt) on your passport. If not go and get it.

Once you have this, your husband will be entitled with the workpermit same as yours i.e he can have any job and not needed to ask ABH permission if he finds one.

So you change your visa type to BE, that's the quick solution to your situation.
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Re: Getting work permit with a spouse visa
Answer
2/14/12 3:46 PM as a reply to ami fran.
Hi All,

We also have same situation. My husband is here on dependent visa and after two years he got BE and now working on unlimited work cotract but still on dependent visa. I am doing my studies with visa §16. My husband already finished his probation period.
I do not know if we can ask at ABH for an independet visa for him or not. WE already lived in germany for 7years but because I am the main visa person and always has §16 and did not pay any taxes so do not know if we can apply for permanet residence. BUt now my husband is paying all the taxes and we never took any social welfare. So to all of you advice us also in our case.
God Bless.
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Re: Getting work permit with a spouse visa
Answer
2/15/12 12:55 AM as a reply to ami fran.
Hi all,

Thanks for the reply.

@ coolguyinwup...

I am doing PhD and have a work contract with university so i have visa §18 which is not a student visa. Its work permit but i dont know if the 2 years rule you mention to have "beschäftigung erlaubt" would work. But i can check for this option. Thanks.
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Re: Getting work permit with a spouse visa
Answer
5/21/12 2:50 PM as a reply to ami fran.
Hi everyone...

It worked in our case, my husband got work permit now (he was little less than 2 yrs in germany on a spouse visa). We did it through a lawyer and it costed about 600 euros but worked just fine and faster. Since the AB didnt even accept our application we had to go through the lawyer. The same lady who refused to accept the application issued us the visa. I would recommend it if you dont mind spending this money as it was faster and stress free...
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Re: Getting work permit with a spouse visa
Answer
5/31/12 3:29 AM as a reply to ami fran.
Hi everyone,

My wife recently has got a job offer from a software development company.
She is staying in Germany as spouse from May 2011(so almost a year) with visa §30 AufenthG. and my visa is according to §18 ABS. 4 S.1. From the discussion above, I understand that it's not easy/possible to get work permit for spouse before 2 years of stay in Germany. However, we want to give a try!

Can anyone of you please inform, is the following procedure is right for spouse work permit application? :
1. Book an appointment with foreign office and ask them what are papers necessary for appointment.
2. Going to the appointment along with the necessary papers (job contract etc.).
3. If foreign office accept the application, they will forward the papers to arbeitsamt for approval.
4. And arbeitsamt will then contact with the respective employer for additional information (e.g. the reason a non-EU person is preferred instead of EU person for the position).
5. The arbeitsamt will finally give their decision to respective foreign office.
6. If the arbeitsamt inform their decision to respective foreign office and then foreign office will (not) issue the work permit based on arbeitsamt decision.

Thanks for your help in advance.

@ research2012, Hi, at first, thanks for your post. It was very helpful and informative.

When you tried your husband's work permit visa application with lawyer, did you get any advantage for having only few months left for 2 years restriction? Or is it irrespective of the amount of time left? Till now, my wife has stayed for 1 year in Germany.
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