Work permits for non-EU spouse of EU citizen - Germany

Any experience with this?

Hello all,

I'm an American citizen who is married to a Polish national. We are interested in moving to Germany. I have had several companies, which are interested in hiring me, but the work permit issue always becomes the deal breaker.

Does my marriage to an EU citizen help at all? Does anyone have any experience in this matter?
Sorry, but your wife's status will not help. You will have to get a work permit- but often the employer does help (well, OK, if you are lucky they will help.)

While Poland has joined the EU, Polish citizens do not yet enjoy full mobility for work. Some countries, like German, demanded a transition period, which for Poland-Germany is in place until (I think) 2007. Until that time, even Polish citizens need to have a work permit for Germany.
Ask the auslaenderbehoerde if they will accept a letter from a german employer to the effect that he can't find anyone locally to do the job you have applied for. Under the old law in germany, that was usually enough to get permission to stay but there is a new law now (zuwanderunggesetz) since 2004 or thereabouts, so the conditions might have changed a bit - especially if the job is a 'contract', or freelance, which they are not so happy about because they think you might do some other (illegal) work on the side. But I find that the auslaenderbehoerde is usually approachable, but it really helps to speak german to them, as they view the german language skill that you demonstrate as a part of the reason for letting you stay (they gave me a piece of paper and told me to write about why I wanted to stay in germany etc, although I had no job at that point).
I'm actually still in the U.S. Do you think that will make it even more difficult? I guess I'll have to deal with the German Consulate here since they are my only local contact.

So if I understand you correctly, even if you show them written proof that a job is offered to you, it is up to the official handling your case to make decision?

yes I guess with immigration that goes about everywhere. I'm australian, and I came here on a 3-month tourist visa in 2001 (you get that automatically when you fly in, think it is the same with US citizens), which I extended for 3 months which is not difficult as long as you can show your (own country) bank statements that show that you have enough funds to support yourself, and your plane ticket out and (travel) health insurance for the extension period that you apply for. You can say that you want to learn german, or some other reason. For me, this job came up (I am a journalist) with a UK-based firm so I applied to for residency status with permission to work for freelance for overseas firms - but because the firms aren't in germany, I didn't need a letter to say they couldn't get a local to do my job. The same proviso, that I show I have earmed enought money to live on and local private health insurance - they don't accept travel insurance when you wan't to be more than a tourist but you can't get (often cheaper) state insurance unless you have a german employer. The local authorties also checked my qualifications and experience to see that I could do the work I claimed I could, and I think they also ran a check on my background in australia with the police there to see they I didn't have a criminal record, and you also have to register with the local police here (takes five minutes) the same as the locals. You have to re-new the visa every year or so (takes a few hours of waiting about, cost 50 euro or something) But if you have a local job lined up, and a letter from the employer I think it will run easier. According to this link the same conditions still apply, that you can fly in and get a visa and then permission to work, but of course doing as much as possible at your end in the US makes life massively simpler. The prob seems to be getting a work permit for your wife, but maybe that is not so hard - there is some stuff about who to contact in the link. I guess a letter from a german employer would be the main thing there too - from what I understand, the germans are mainly worried about people coming to germany from the new EU countries and working cheap/black in the building industry, that's why they have this temporary restriction in place. I haven't much to do with the german embassy in australia, but when I did they were not very helpful, I think they are a bit removed from the action and told me a couple of things that were incorrect.
Actually I just found this one out. I am a Canadian married to an EU (British citizen) and I no longer require a work permit to work here.

This is a very good site I found outlining working in Europe:
Working in an EU Country

And the relevant section is under Family:
Members of your family accompanying you will receive a residence card or document which is valid for the same length of time as yours. Your spouse and children also have the right to work without restriction in your country of employment if they wish to.
OK I just read the deal about Poland...did not realize the transition period. That will probably make a difference for you. My husband is from the UK and does not require a work permit to work here.
Falco B.
Does that means that your E.U. spouse must have a job in the country to allow you to follow her/him and find a job. What if it is the non-EU one who find a job first?
Well not sure really but the only reason I was allowed to reside here is because my EU husband (he was my boyfriend at the time) already had a job. Otherwise they said they could not grant me the Aufentshaltserlaubnis. They had to see his proof of income (for 6 months), proof of health insurance, and rental contract...most of which is unlikely without a job. So more often than not the EU member already has work.

I guess you have to ask the KVR for clarification.
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