Dear Boarders,

Since 3 years I have German Aufenthaltstitel under gesetz §§ 18. Recently I applied for a job with over 10years experience category.
But my Job Bewerbung was rejected with the following explanation from the prospective employer:

‘’ We have to admit that your job application was suitable. But as is the case with all employers in Germany, we must ensure that our future staff are permitted to carry out gainful employment. The law makes even higher demands in this respect regarding engineers employed with us.

In view of this legal situation, it is not possible for applicants from so-called third countries, even if they have a high-quality technical university degree to obtain a work permit which enables employment with us ( §§ 39, 40 of Aufenthalts German gesetz ). We very much regret this situation and please do not regard this as a general statement regarding your very good qualifications. ‘’

Please let me know your opinion on this.
Is Aufentahaltstitel under gesetz §§ 18 not suitable for job categories ?
Is it mandatory to have §§ 39, 40 of Aufenthaltstitel ?

Thanks a lot for your time,
Truster.

Hi,
Is it that you applied for WP for a new job i.e. in a new firm or you had applied for visa extension for your existing job.

I understand that the authorities cannot give this excuse for visa extension for an existing job, but yes for a new job wp application, they have such rights to pay attention to germans first as their potential employees. Even the current economic crisis and high unemployment could also be an internal reason for such rejection.

Thanks Irosy.

Well I already have §§ 18 since 3 years.

After checking my credentials, the new company gave the above excuse Aufenthalts §§ 39, 40 .

The new role which the prospective company was looking for unique, as one should have had several years of Indian & German experience

Now, in this case, the reason your new company gave could be due to the fact that they have received an application from a german applicant or any EU applicant for the same role. Under such circumstances visa office cannot allow your new WP as they see a petential application from a German for the same role as per the WP law.
Since as an Indian, our WP gets processed only when for the role there are no german or EU applicants available. This could be your bad luck that for such a high profile role a german applicant is available.

Thanks again !

As mentioned by Klenze last week, NE is possible for an annual salary >63000 Euro from next year onwards.

Do you think I can convince my prospective employer that I would be getting NE in Jan 09.
So having §§ 39, 40 is not so significant if I have NE. Is this a sensible argument ?

Hi Truster,

IMHO, there is here something that's not fitting.

Probably, you have the name of your nowaday company in your passport. If this is the case, I recommend you go NOW to the ABH and get rid of it. If you were already 3 years in Germany, you can claim your right for BE and have a company-independent visa.

Once you have BE, the content of the letter you receive is absolutely invalid, because you have NOW the visa and the company don't need to do anything for you (appart of giving you the position). In other words, if you start tomorrow with ANY company having BE you don't even need to visit ABH.

Then, even with less than 63.000, you will get permanent residency after five years.

I suggest you read a little bit, print a couple of § and go to talk with your HR guy, but I suspect they used your visa as excuse to give other guy the job.... just my 2 cents.

As the facts are laid out, the reasons given by the company to reject your application do not hold water.

You could contemplate to take action under the Antidiscrimination Legislation (AGG).

Your case would be helped, if indeed, a German person got the job instead of you. Also scrutinise the published job offer for posssible hints.

Rechtsanwalt_Jain@yahoo.de

truster says:

As mentioned by Klenze last week, NE is possible for an annual salary >63000 Euro from next year onwards.

Not yet! The law has not been approved 100% by legistative authorities. Bundesrat declined the law change end of November, because they want ro reduce that money down to 53.400 Euro. It is now on the review of the commission. Commission will publish its opinion on 17.12.2008.

At the moment it is very difficult that the law gets effective on 01.01.2009. Follow the news on the press about "Arbeitsmigrationssteuerungsgesetz"

Klenze17.