Hallo all,

I'm applying for visa extension for a new job. However the work permission is to be granted first of all. After 3 weeks patient wait, another two certificate, including my master diploma and current contract, were demanded by the Arbeitsamt. Since then no more information could be offered from the Amt. I have to wait for unknown weeks. On the other hand, next week I should go to my new company according to the contract. What should I do with this terrible situation? I have been gnawed by the following questions:

1. Why didn't the Ausländerbehörde collect all the required document during the first interview/appointment for this purpose?
2. If the company is negatively impressed by my situation and cancels the contract for my violation of the entrance date which is stated on the signed contract, how could I get compensation for this tragedy?
3. Is it acceptable to postpone the entrance date one month later?
4. How about the current rejection rate of work permission? and How long will it take?
5. I have worked in Germany more than 2 years. Why do I have to sit this so-called Vorrangprüfung?

Present stress has destroyed my sleep!

It would be definitely thankful, if you could provide me with any tips on my hopeless case.

RA

Dear Red Army buddy,

I hope you did not mention this nickname to german authorities. If yes then say goodbye to Germany.

@redarmy

You should apply for BeschVerfV §9.1.
But it is not guaranteed that you get it.

Did you came with Greencard?

KaaN

Hi Kaan,

my current Aufenthaltstitel is §18 with working as a WiMi at an institute, not green card.

I find the laws from the link:
http://www.aufenthaltstitel.de/beschverfv.html
However it was issued zu Bonn am 2. Dezember 2004, seems too old. Could you recommend me a fresh link on this clause, which I could print out and present at the ABH.

The law is still activ. You can print it.

@RedArmy:

sorry to tell you that hard: you have a Green Card!

§18 points to the law not to the ordnance. The link you sent is wrong.

The correct link is:

http://www.aufenthaltstitel.de/aufenthaltsg.html#18

So in other words, you are here to work, you came here as qualified worker, but you are not "Hochqualifizierte" (as a Professor or important Scientific)

So, you are one of us!

With a one stop government in place the statement whether you will be allowed to work or not will be granted only along with the visa, or more precisley, the residence permit. There is no separate BE. Usually the issuing authority has to get the approval of the employment agency as regards the so called Vorrangprüfung. After two years of continous employment in Germany done with payment into the social security system there is no more need for an approval by the employment agency. This Vorrangprüfung then is merely discretionary but not obligatory. At the same time the BE will be issued without restrictions (employer, location, etc.). The law prohibts the employer to employ a foreigner who does not hold the necessary BE. In this case, the employer usually states in the terms of the contract that the contract is dependant upon the employee being issued the BE as a condition precedent.

Ravinder Jain
Rechtsanwalt
Fürstenbergerstr. 168 F
60323 Frankfurt/Main
Tel: 069-17088200
Fax:069-17088222

Thanks a lot for your reply.

I'm wondering how I could let the officers admit their fault. The officers are always ready to give me lessons, and totally ignore my suggestions.

RA

Hello All and RA in particular,

I am some what in the same situation as RA is. I received this letter from the Bunderagentur for Arbeit the last week asking me to submit copies of my new Arbeitsvertrag, Qualification Certificates and A copy of my current Aufenthaltserlaubnis.

In my case I have worked here in Germay only for a year and hence I do agree that I need to go through this Vorrangprüfung procedure.

However I would like ot know as to how much time from now will it take for me to get the approval from the Arbeitsamt and then a new work permit. This will give me an idea as to when I would be able to start my new job.

Kinndly respond.

Cheers

Andy