Dear All,

I am here in Germany on dependent VISA since 1 year. My husband is doing his PHD(student VISA.
I now have a Job offer. My VISA states
"Erwerbstaetigkeit nicht gestattet...."

I have read through the posts in this Forum but could not conclude on how I can approach the AuslanderBehorde. One thing that I could understand is I need to go to AB with the Work Contract. I need some suggestions on what else can done to get this through.

Please let me know if any of you have been through the same situation.
Any suggestions on how I can get a work permit or any pointers on the same would be of great help.

Thanks.

U may ask your employer if they have any agents who can mediate the work permit process on your behalf.

Or else, you need to go to AB with your job contract and ask them to grant you a work permit.

I went to AB myself with the Job Contract but the representative there said, as it has not been more than 2 years since I got married, I cannot get a work permit.

Also, he mentioned that I should only be working in the same field in which my husband works.

Going by these rules it will never be possible for me to work here.

It is a very difficult situation for me. Please let me know how I can get this to work.

Thanks

If employer issues you a contract and he fills up some documents, then you CAN get the workpermit.

I assume your employer already has some experience with non-EU employees.

I know some consultants who help with this at a reasonable fee and have done it for my acquaintainces.

Drop me an email at:

sid.munich at gmail dot com

with following details:

1. Name
2. Qualifications
3. Employer name, position

Maybe I can try to give you some ideas then.

Hello,

My wife is in exact situation. We visited the ABH and they said that they will have to clarify with the ministry if she can apply. Its been one month still no reply. I will update if we get some hints.

In case you get some positive results we would request you to post it here/duaalok@gmail.com.

Best of Luck.

@ query456 -

R u sure they said that u can only work in the same field as ur husband...coz I dont believe this. In my knowledge, there is no such restriction that the wife SHOULD work in the same field as her husband. I woudl say double check it....ask some German speaking person to accompany you to the AB and get it clarified.

@ query456 and duaalok -

when did u/ur wife get the visa extended for the first time in Germany. My wife came to Germany in July 2011 on dependant visa and her visa was extended in Aug 2011. She already got a work permit with her visa, eventhough she dint have any job at that time. We were told that my wife is free to work anywhere if she finds something (although apart from the german language course...).

Hello ABH2010

Thanks for the reply. I hope you got my email too. The thing is, maybe you already had a work permit so that's why your wife got the same status.

In my case as well as query456's case the subject is on a dependent visa with a student. What we need to do is get a work permit based on the job offer. The ABH is not saying yes nor they say no. Just buying more time.

We would appreciate if you have some insight into this.

Best.

Dear query456,

Please see this link.

http://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0303

It has all the rules regarding residence permit.

Take your attention to the page that open with this link. The point number (5) states that you get the same status as your husband. The german version to this can be found at

http://www.gesetze-im-internet.de/aufenthg_2004/inhalts_bersicht.html

Also check section 27 (for IT professionals).

But this still does not solve the problem. We need a rule that states that you can apply from Germany. Once the application is accepted the normal process as you are aware is approval by the Bundes agentuer fuer arbeits. Time is from 2-6 weeks. In my case they don't take the application only.

This is all I could collect. If you get any success please post it here.

Best

Hello ABH2010,

I can recollect clearly that the person at ABH told me that I can work only in the same field as my husband till I complete two years of residence here in Germany, which is really bizarre.

Also, in the city where I live we do not have the ticketing system to see the ABH representatives. Depending on the first alphabet of the Family name we need to meet the ABH officer but again, we need to take a prior appointment and wait time for getting an appointment is minimum of a week.

Thanks.

Hi duaalok,

Thanks for the information.

In my case when I spoke to the ABH officer here, he said I can apply for the work Permit but he is very sure it will not go through( stating the reasons that I have mentioned in my earlier posts). He mentioned 99.9% it will be rejected.

If I have got it correctly, he said " In the first two years of residence here in Germany I can work, but only in the same field as my husband".

Hence, I am considering it safe to have all the information at hand before applying.

Thanks

Hi query456,

He is right in saying that you should be here lawfully married for 2 years. It is same as written in the link I pasted above Section 29.(5).2.

But our case is different. It is so because we have a job offer. If we go back to the country of origin and apply with the work contract we get the work permit in no time. But all we want to do is avoid going back. Like in my case we have a small kid 2 years old so we don't want to go back and apply. Also, there is no law stating that someone cannot apply for work permit with a job contract when already in Germany. This case is totally independent from the status of person you are dependent on. You have to apply independently with the work contract either here or own country.

But the ABH would always link you your husband and not treat you independently. Difficult to make them understand.

Guys

I will make it short. Any person who is in or out of Germany can apply for a work-permit.

The officer cant force your spouse to apply as dependent. If he/she applies as your dependent then ofcourse many restrictions apply.

If a spouse of person X came in here on a dependent visa, it cant be a dissadvantage for him/her. He or she can still apply for the workpermit under §18 (normal WP) or §19 (Niederlassungserlaubnis or Immediate Permanent Residence for highly qualified people if salary is above 66K p.a.. In the future this limit will be reduced to 48K)

File for an application and ask the officer to give it in writing why he or she cant give it to you. Also go to the superior of this officer!

Fight for it instead of discussing amongst people with half-knowledge because you will only get confused on a forum!

Which city is the case in?

--------------------------------

In general, I will give you some good news (should be effective in max. 4-5 months):
http://www.bundesregierung.de/nn_1272/Content/DE/Artikel/2011/12/2011-12-07-blaue-karte-kommt.html

This will make things much easier.

Hello Sid,

Thanks for the reply. It is very motivating. I will go again to ABH and try to pursue them. Can you give me an idea about the hierarchy in ABH so I know whom to approach in case the person at ABH who deals with public does not listen to us?

We are in Braunschweig.

Thanks.

Hi,

Me and my wife live in Duisburg for last 1+ years.
My wife secured a job in near by city köln from an IT company and this company has provided all the filled out application forms, reason for giving job for my wife, work contract, etc.

We are planning to apply tomorrow.
Could you please help in giving some specific details like what are the documents that we need to submit apart from above?
My wife has completed language levels A1 and A2, she is currently going for B1
She has good experience in her domain of 7 years and all other experience certificates.

Please do advice us to move this forward

thanks and regards,
kabelBw

Hi All,

I have already lost a job opportunity due to the Workpermit problem that I have stated earlier.
Now my husband is no more on student Visa and has recently got the visa status changed from A16 to A18. Even now the Auslanderbehorde officers say that I should not be working till I complete 2 years here in Germany.

I would like to know if there is any one who could get Workpermit for their dependent before the dependent completes 2 years here in Germany.
If it was through Lawyer/Agent it would be helpful if we could get to know the contact details of the people.

Thanks

Hi All,

As far as I understand a dependent can work,

->If dependent has completed 2 years here in Germany
->If the spouse of the dependent is on Visa A20
->If the spouse of the dependent is a NE

I would like to know if a dependent with work contract can apply for WorkPermit as an independent entity from here in Germany.

It is really hard for me to believe that dependents entering Germany should wait for 2 years to start working.

Thanks

quesry 456 wrote ..

"It is really hard for me to believe that dependents entering Germany should wait for 2 years to start working"

Its also hard for me to believe that one should complete 2 years residence for applying the spouse visa if one gets married in between....

yes it is very much true. I came to germany on dependent visa and did not get permission to work for two years so i utilized that time to brush up my language skills and then to look for jobs. Now i have secured job and working fulltime on an unlimited work permit but still my visa is bounded to my wifes visa even after 7years of being here. I do not know weather we can exchange our visas or not because my wife is still a student and i am working. So please if anyone has any info or exp. about it just share it.

I would like to know if there is any one on VISA A18 who could get Workpermit for their dependent before the dependent completes 2 years here in Germany.
If it was through Lawyer/Agent it would be helpful if we could get to know the contact details of the people.

Thanks

Hi query456,

Our case is almost solved.
We paid the money for the new residence permit card along with the working permissions.

It happened like this.
My wife secured a job, from them she got a work contract, an application form filled by them to apply for work permit, a letter reasoning why my wife is chosen for this work (emphasizing her skill set and experience), the job advertisement date and the time to get a candidate.

We gave the documents in the reception of the immigration office and the person was very reluctant to accept it from us. She told us my wife may not get the permit. When I tried to submit other supporting documents, she force fully said that she will only take the application and nothing else.
we told all these things to the employer and HR in the company called them and talked to them.
I would say, the work permit is possible only because the employer kept contacting the labor office and immigration office.
Its A18

thanks and regards,
kabelBw