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Work and residence permit quick questions

Various miscellaneous advice sought and given

Toytown Germany > Discussion forum > Germany-wide > Visas/permits
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MoiLV
I wanted to know if anyone had any experience with extending a residence visa without having a work permit, but with the intention of searching for a job.

My current contract ends November 30th and I'm in the interviewing process to stay on at this company. A final decision could take another 2-3 weeks, and the KVR's giving me grief to get a job ASAP so that they can send in the contracts and employment forms to the Arbeitsamt, since this takes a few weeks to process.

I would think if I handed in my paperwork before the 30th they would have to extend my visa until the processing at the Arbeitsamt is finished, but sometimes they're super strict. Does anyone have more info on or experience with this?
Panama
I'm not sure if you have studied here. If you have, you can apply for a one-year residence permit that allows you to live here while you look for a job. When you find a job then you apply as usual for a residence permit which is linked to your job.
In any other case I really don't konw. Hope that is somehow useful. Good Luck.
MoiLV
Do you have any info on that? Links, proof? I did study here, for 2 years, but graduated in 2005.. do you think it's too late?

Edit: I just realized that the starter of this thread, bonnydebbie, had the same sort of situation and was able to extend the visa on account of waiting for the papers to go through at the arbeitsamt. Just a question - do you have to pay for this extension? I extended my visa for just one month once and it cost 40 €.. I thought that was a bit extreme for one month, considering I pay that for a year's extension usually.. puh.
MoiLV
I found this yesterday:

Zustimmung zur Ausübung einer Beschäftigung ohne Vorrangprüfung nach § 6 BeschVerfV (Beschäftigungsverfahrensverordnung)

Bei den im zweiten Abschnitt der Beschäftigungsverfahrensverordnung aufgeführten Sachverhalten kann von der Vorrangprüfung bei Erteilung der Zustimmung zur Ausübung einer Beschäftigung abgesehen werden. Der Verzicht auf die Vorrangprüfung begründet sich hier aus Integrationserfolgen oder anderen in der Person liegenden besonderen Umständen. Personen, die ihre Beschäftigung bei demselben Arbeitgeber
über die Geltungsdauer einer zur Ausübung dieser Beschäftigung erteilten Zustimmung hinaus fortsetzen wollen, kann die weitere Zustimmung ohne erneute Arbeitsmarktprüfung erteilt werden (§ 6 BeschVerfV).

Diese Regelung dient zum einen dem Interesse der Betriebe an der Weiterbeschäftigung eines eingearbeiteten Arbeitnehmers. Nach einjährigem Bestand des Beschäftigungsverhältnisses ist es zum anderen unter Abwägung aller Interessen, insbesondere des Vorrangs von bevorrechtigten Bewerbern und des Vertrauensschutzes der beteiligten Vertragspartner, auch sozialpolitisch angemessen, von einer erneuten Arbeitsmarktprüfung abzusehen. Die Arbeitsbedingungen sind jedoch zu prüfen. Ausgeschlossen
bleibt allerdings wie bisher, dass mit der Regelung Ansprüche auf eine weitere Erteilung der Zustimmung ohne Vorrangprüfung in den Fällen entstehen, in denen die betreffende Person lediglich zu einer von vornherein begrenzten Zeit zur Beschäftigung im Bundesgebiet zugelassen worden ist. Satz 2
stellt deshalb klar, dass die Regelung des Satzes 1 grundsätzlich nicht für befristete Beschäftigungen gilt.

So I understand this as, if your employer decides to extend your contract, then you don't need to have your application checked against the Arbeitsmarkt by the Arbeitsamt. Does anyone have experience with this? I would be changing positions, but staying with the same company..
stl001
As far as I know, if you are still with the same employer, your application does not need to be re-checked by the Arbeitsagentur. I don't know if things are different when you are within the same company, but applying for another position???
But I am sure, if you go there w/ a letter from your employer saying your new contract is in the works, your visa will be extended at least for a few weeks. (or if you get the new job offered-till the decision comes back from the Arbeitsamt)!
MoiLV
Do you mean the work visa or the residence visa? I'm supposed to start work on December 1st and just got all the contracts and stuff today. I'm hoping that they don't have to do the market check first and will just extend my visa so I can start on time.
ehsan05
Some one please help me out here.

My employer in US wants to send me to Germany to our branch office for 6 months. My employer's branch office in Germany submitted my work permit application on December 15. Two days ago, I got the update that the embassy forwarded the application to ZAV in Bonn. What happens next?

Since, I am in the US, do they give me a letter on approval for me to go to a consulate in Chicago for the visa. Also, I believe I would need to apply for my wife and kid with that approval. How doe that work? I don't know why they did not apply it along with mine. sad.gif

Please share your views. rolleyes.gif

I am strugling to find this information.
SarahKT
Perhaps you should get your employer to look into this for you. It's strange that they did not.

When my husband was transferred here, all we had to do was sign the documents, provide our photos and our passports. The rest was handled by the employer.

Sorry, I cant help...
kitkat64
OK, I've been around these parts for awhile. But I have a question that I don't think has been answered (or at least I can't find it).

I have been in Germany since October 2001 and got a work permit and residence permits at that time. In October 2004 I had both my work permit and my residence permit renewed for three years - so in October 2007, they will both expire. I have been working for this same company the entire time and now I want to get an unlimited work permit (so I can switch companies if I want without all the hassle).
The question: Is it possible to go now (or anytime before my permit expires) to apply for the unlimited work permit or do I really have to wait for October?
kitkat64
OK, another question...

When I renew my work permit/residence permit in October, I will go for the unlimited/unbefristet work/residence permit. Previously, I had to have the work permit documentation filled out by my employer before I went, but do I need that now because I'm going for an unlimited work permit - meaning my work permit is not tied to a specific company?

I hate this crap.
obelix
QUOTE (Panama @ Nov 2 2006, 4:06 pm) *
I'm not sure if you have studied here. If you have, you can apply for a one-year residence permit that allows you to live here while you look for a job. When you find a job then you apply as usual for a residence permit which is linked to your job.
In any other case I really don't konw. Hope that is somehow useful. Good Luck.

Hi, I have a question regarding this. on workpermit.com there is an article saying that Germany is going to relax the restrictions and foreign students who completed a degree here will be allowed to stay for three years to find work. Anyone know if this applies also for all non-eu foreign students such as say Mexico/Costa Rica?? And would the new rule only apply to people graduating now or also to students who already graduated earlier in the year??
Conquistador
AFAIK, the proposed change applies to non-EU citizens, as students who are citizens of EU countries have treaty rights to live here anyway, and thus don't need such a law.
cabbagefairy
I have just lost my job (not my fault, funding issue) and am now in desperate need of any type of visa to keep me in the country until june when my boyfriend finishes studying and we can move to New Zealand.

I have already used my aupair visa (only allowed it once). I don't even care if it says I'm not allowed to work I just want to stay.

Does anyone know if there is a way to get a sponsored residence permit? What are the requirements for the sponsor?

Thanks.
Darkknight
Have your BF sponcer you.. He will have to proove he can support you. Among other things..
cabbagefairy
He's at highschool...don't think he qualifies as a sponsor does he?
Conquistador
And Darkknight was supposed to know that your BF is finishing up Gymnasium? Maybe his parents can sponsor you.
cabbagefairy
hey I wasn't being nasty. Yea we are thinking about asking his parents but I don't like to be reliant on other people. Has anyone been sponsored before? Is it for a set time or for a set reason, ie language course or 3 month tourist visa?
Amber127
My bf tried, filled out the 25 Euro paperwork and they still said I had to have a job...
cabbagefairy
Was there a reason why? What sort of visa was it for, tourist or something else?
Amber127
Just wanted a residence visa that was all. I just wanted to live here. They then said I needed a work contract...I didend upgetting a job teaching english later but I had to have a job even though he had been supporting me since I was here on my tourist visa and would continue supporting me this amt wasn't happy with that.

I am not saying that is standard but this was my experience.
cabbagefairy
dam! Guess giving it a shot can't hurt though. Thanks.
Amber127
yea it doesnt hurt to try. Every office is different, so you may get lucky...
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