Applying for visa or permit for freelance work - Germany

I've been living and working in Germany for about 2 1/2 years. For most of this time I've worked in bars. I've had nothing but problems from my case manager at the KVR since I first registered. After finding a job, the owner of the bar and I went to the KVR to apply for my visa, this is when the fun really began. At first he tried to tell me that I couldn't get it because of the high unemployment rate and that a German should get the job. When my boss said he needed a native English speaker as it is an expat bar he replied that most Germans speak enough English to work in a bar and that wasn't a good enough reason. Now this may be true but my boss should be able to choose who he wants to work at his bar, shouldnt he? Long story short I had to apply twice and it took 9 months to get the visa.

I now speak reasonable German and have been looking for other work. I've found 2 companies that have offered me jobs on a freelance basis. Problem is I don't have a freelance visa. I went to the KVR a week ago with my German girlfriend to find out how I go about applying for a freelance visa and was met with nothing but negativity. As I was there just before xmas to renew my bar visa I was greeted with "What? You again? Do you think I only work for Australians?". When I explained that the job requires native English speakers he replied "there are millions of other English speakers in Munich. You don't have to do it". He then said "What? Don't you want to be a barman anymore?" When my girlfriend replied "He wants to find a better job" his reply was "It doesn't matter what he wants, it's what we want to give him". He then said that there was no application form for the visa and that I had to write a essay stating why I thought I should be eligible for the visa. I left the room and spoke to someone from a different department and they said that there was an application form but I could only get it from my case manager.

This is not the first time he has made remarks about my nationality. When I was applying for my first visa he said "Australians get a lot more privileges here in Germany than Germans get in Australia if you know what I mean and you should be greatful to have a visa at all". I was also advised by another person to marry my German girlfriend to solve the problem. That would work but I didn't expect to get that advice at the KVR. This leads me to one of two conclusions. Either he applied for a visa in Australia and was knocked back or an Aussie slept with his girlfriend. I wanted to complain but some German friends have said that it would be a waste of time as they stick together. This was made obvious when I asked yet another person for the form I needed and was told there was a form but I needed to get it from my case manager. When I said that he had told me there was no form this person simply said "Oh well then there is no form".

Are there any Aussies/Kiwis/South Africans/Canadians (These countries all have the same visa regulations) out there with a freelance visa? Any advise on how to get it?
The secound person I spoke to said if I knew any Aussies/Kiwis/South Africans/Canadians with a freelance visa I could use them as an example in my application.Any help or advice would be greatly appreciated.

Cheers Barfly

Hmmm.

I have been known to rant on this topic, but will quell that urge here and just give you the short version.

1. (I know, I hate to say it but...) You are in Germany, not Australia. They do not even have to let you (us) stay here if they do not want to, you are a second class citzen, get used to it or go somewhere where you are wanted.
2. You (I know because I am the same way) seem to have a bit of an attitude. Whether it is you or them is irrelevant. They are in charge, like it or not, you have to eat what they feed you.
3. I do not believe there is a form, I think it is on a case by case basis and you basically have to develop a business plan. I have also been denied a self employed permit since 1.1.2005 when the rules changed and there seems to be no easy way around it.

One idea which I am also consdering. Do you know anyone (girlfriends folks for example) who lives outside Munich? If so, perhaps register there and then use their KVR and it might slip through, espeically if the gf´s parents go with you. Who knows, could work.

Good luck.

And, yes, I was also told by the KVR that I should get married...

Since you received contradicting information I advise innocently/ignorantly asking a supervisor which one was correct as you are now confused but want to stick to the rules.

Not an unreasonable statement, and no different here than in most countries.

Again, correct. The ex-pat bar would have to prove that ONLY a native speaker would be qualified. That might work for an Explorer's Club branch but it won't hold water for some local.

Only within the limits of the law. Germany has high unemployment. The first concern is to get citizens working.

For the same reasons as before.

It's easier to prove that such work might require native speakers but there are an awful lot of us already here. There are also a lot of Germans who have lived in English-speaking countries for years and whose English is better than that of a lot of this board's posters. The only way a freelance Erlaubnis could restrict you enough to keep you from taking other jobs Germans "should" get would make it so restrictive it'd be almost worthless, and require a lot of effort on the Beamter's part.

A number of processes may require you to write an essay even if there's a form. It's up to the caseworker to decide if an essay is appropriate. I had to write one to get permission for extended leave from the country (=>90 days).

It would. That's also simple paperwork for them.

woof.

Freelance? They recently changed the rules. Forget about it. I went in and asked them about it (and I have a fantastic KVR lady) and she just told me not to even bother applying, the new regulations make it nion impossible to obtain

What's all that about? Aussie and NZ are usually the same on those rules and in that case this is all shit! My german boyfriend might be moving back home with me just because it is sooo much hassle for me to work here, and all we have to do back home is prove we have been living together a year, not even married! Ah I hate the KVR!

By the way, what letter does your last name start with?

Yes, leave footprints on your caseworker's scalp. That's sure to make him want help you even further in future.

woof.

Maybe my frustration may have come off as attitude. I have been very polite to the guy every time I've seen him. I've listened to what he's said and provided everything he has asked for with a smile (He asked me for my last 3 months pay slips and Insurance receits before he would renew my current visa). I also understand that they dont have to let me stay and that a German can do my job. My main piont is that I have Aussie/Kiwi friend who dont have any of the problems that I have. Of course it depends on the person you deal with.

My last name starts with C

Ah I knew it! you have the same jerky people I do!

All I want is to know how to apply. If I get knocked back then so be it but it would be nice to get some info on how to start. I dont mind writing an essay if thats what they require. I have letters from both the companies stating that they require native English speakers.

Ok, hide behind someone else and then pop your information from higher circles on the caseworker. He'll never realize that you were behind the innocent inquiry to the supervisor.
Sheesh, if everyone were afraid of consequences nothing constructive would get done.

Some people at the KVR def' make it harder than others. Fair enough to try and make the best of a bad situation though! Feck, if we all gave up and went where we were 'wanted' there wouldn't be anyone on this forum.

I was granted a freelancer permit this past year after 4 months of a lot of paperwork and rude KVR people too. I also had to deal with the Finanzamt & the IHK (which deals with people having their own business, which obviously a freelancer does not have). I'm Canadian and have been here for 4.5 years. I was first told that I could get a freelancer permit no problem after being here for 5 years, BUT I could prove my job was very rare and the offices/ companies whom wanted to hire me NEEDED an English person now.

So I think it comes down to a few things: 1) how long you have been here (2) that your job is rare & you will speak English in it (therefore you are not taking a job away from a German) (3) a lot of paperwork and patience.

My guy at the KRV was also a jerk, but in the end it's not his choice (or any other rude person working in those offices at the KRV). He told me over and over, "No impossible" when I told him that I wanted to be a freelancer. But I told him I was going to apply anyway, show me what to do, where to go, give me more paperwork... it was hard, but it worked.

Good luck and take a deep breath. They don't make it easy...

Was that before or after the law change tho??