Hi Friends,

I am an Indian National currently working in Germany for almost 2 years through a work permit. But I am employed by a Indian company and send as an expat to their sister office in Germany... like an inter company transfer.

I got a new job offer from another German company in Koln. They are willing to help me in getting a workpermit. This is a Sr. IT Analyst kind of job.

1. If my new prospective employer will aplly for a work permit, will it allow me to work only for that employer?

2. And I heard only i will get a work permit issues, if they cannot find a person in Europe who can do that job? Is that true.
This job offer requires fluent english as a very strong requirment so will it help?

3. For how many years will be the work permit be issued? I have a permenant job offer from my new employer?

4. I read in workpermit.com, as of new rules in 2005, u can get permanent residence permit which will allow u to work in germany also. is this something different from the normal work permit we are talking now? my offer is like 54K.
Will I be able or elligible to apply that?

5. How long will the whole process take? Since i live in Germany already will i have to go back to India to apply for this new work permit?


Answers will be greatly appreciated.
Thanks alot for your support.
Coolguy:-)

Hi Coolguy,

"If my new prospective employer will aplly for a work permit, will it allow me to work only for that employer?"

Unfortunately, Yes. But not for long, after 36 months (in your case only 12 more months) of working in germany you can apply for BE.

"And I heard only i will get a work permit issues, if they cannot find a person in Europe who can do that job? Is that true. This job offer requires fluent english as a very strong requirment so will it help?"

Since your current work-permit was issued before 2005, they are by law compelled to grant you new work-permit.

"For how many years will be the work permit be issued? I have a permenant job offer from my new employer?"

Three years at the maximum even if your contract is permanent (i.e. until yours 65 birthday).

"I read in workpermit.com, as of new rules in 2005, u can get permanent residence permit which will allow u to work in germany also. is this something different from the normal work permit we are talking now? my offer is like 54K. Will I be able or elligible to apply that?"

Thats correct. It is called Niederlassungserlaubnis. You can get it when your salary is above € 83700 per year.

"How long will the whole process take? Since i live in Germany already will i have to go back to India to apply for this new work permit?"

Six weeks at the maximum. You dont need to go back to india to apply for new work permit.

"Since your current work-permit was issued before 2005, they are by law compelled to grant you new work-permit."

Well, this is true only if the original work-permit issued before 1.1.2005 was issued according to IT-ARGV(or well known greencard) and this is usually not the case for in-company transfers. The clause at the residence permit which is issued before 1.1.2005 should give the answer here. (it should mention IT-ARGV)

Regards,

Lacrima

@lacrima

Still the same, even if you had a work-permit in non-IT area.

http://www.aufenthaltstitel.de/beschvinfos.html#46

Zu Absatz 2:

Für IT-Fachkräfte wird mit der Übergangsbestimmung die zeitliche Befristung der erteilten Arbeitserlaubnis aufgehoben und - wie für andere qualifizierte Beschäftigungen auch ­ die dauernde Zulassung zum Arbeitsmarkt durch Fortgeltung der Arbeitserlaubnis als unbefristete Zustimmung zur Ausübung einer Beschäftigung eröffnet.

No.. that sentence does not mean "every" work-permit before 1.1.2005.

What is "andere qualifizierte" ? who is included, who is not ? that is too vague to claim something here..
I can come up and say, they are referring in this paragraph with phrase "andere qualifizierte" to people who can get "Niederlassungserlaubnis" directly with the new law..(that would actually make more sense and that is what they really mean here..) how can you be sure that "andere qualifizierte" from the past are meant but not from the new immigration law ??? Who is "qualifiziert" according to old law, except the IT-ARGV people?

Regards,

Lacrima

Hey..thanks a lot for the usefull information.

Some clarifications needed..

"Unfortunately, Yes. But not for long, after 36 months (in your case only 12 more months) of working in germany you can apply for BE. "

What is BE..and how will it help me to stay and work in Germany for long.?

Now..for the work permit granting..irrespective of if i had a non GC work permit, what are the chances to get it..its a Sr Analysis job with frequent interactions with gloabal locations and strong english requirments

I accepted the offer, and i have to start the process for the new work permit.
So is there a process some where specified what i should do?
Can i do it myself..or i have to do it through some agency..or it should be done by my new employer.??

Thanks a lot!!!

Some more question

"Should we ask while applying the workpermit how long we need it..
or it is the Labour Office?? decides how long they want to give the work permit.?

If the 3 years is maximum we can get a work permit, what is the process to get it after that..
is it a extension process or a need to apply for a new work permit ?

So if i get a work permit for 3 years.. how long can we extend or apply a new one at the end of it?

Does the process goes like that ...or at any point can we apply for a permenant residenceship??

Thanks.:-)

@coolguy4u

You are asking too many theoritical questions and not giving us facts. Most of the questions that you asked can be answered as "depends on your ABH/Arbeitsamt". There are no concrete answers for them and believe me those officers really do have "Ermessensspielraum".

The facts are:
-> You can do the work-permit process by yourself but you will need some papers which need to be signed by the company. If company helps you, the process might be quicker.

-> If you happen to have an IT-ARGV work-permit, you have better chances. If not, you will go through all the labour check process like a newcomer.

-> Ask your ABH about the situation. They are also human-beings like you and me. At the end, they will be the people who will process your application.

-> The whole process may take from 1 hour to 3 months.

Good luck

Lacrima

Thanks again.
I think this is the first place i am getting so quick responses. Great.

After working 3 years in germany i can apply for a BE..? Whats a BE..and how will it help me to stay and work here long?

As you mentioned i will contact the ABH in Koln to get an some answers.

Once again, thanks a lot.
Coolguy:-)

Hey Dude! mind searching the forum first before asking anything.