Transferring a work permit between companies - Germany

Ok, so I have a query regarding the work permit/residence permit that I have.

I have a permit with a stamp on the page says that it is valid till I keep on working for me present company. The name of me firm also appears on it.

Now I want to find out that if I apply for a job here with another company, the first thing they ask is whether I have a company sponsored permit or not and its validity. A natural question and a bit of a barrier.

Question is : Can I apply for a new permit on me own? Or is this a transferable thingy that I have or does the new company have to first give me a job and I apply to the KVR on the basis of this new contract?

Have spoken to the Indian consulate here and they are pretty vague, they said it is the same procedure as if you were applying for one from India and so is the time required to process it - about 6-9 weeks.

Oh, me nationality - Indian!

Anyone with any useful links or info on this?

Much appreciated!

As I understand during the first 3 years you can only worik for the company that gave you the sponsorship, if you change jobs during this time you need the contract first and reapply for the permit again. After 3 years of paying taxes you are free to work for any new company you will like.

what is the status of your residency? do you have a limited residence permit or heaven forbid, a green card? if you've worked here 5 years or soon to be, then try applying for a Niederlassungserlaubnis. then you get permit residency and work permits.

this is true, but the 3 year rule isn't a hard and fast one.

misleading. you need a permanent residence permit as the basis for a permanent work permit. usually, it is a minimum of 5 years of working consistently and paying taxes, etc. that is a requierement to getting this.

It is true that you can have a workpermit independent of the company if you have worked in germany for 3 years . It is called Beschäftigung Erlaubt (BE).
The goverment rule is provided in this link http://www.aufenthaltstitel.de/beschverfv.html#9
There is no special application form in the Foreign Office for this and you have to write a application on your own.

With this BE there is no worry about getting kicked out of the country as long as you hold some job.

If you want a template of the self written application and necessary documents give me your e-mail and i will send it to you.

Hello shumi77,

Could you please send me additional information how to get BE?

Thank you.

There is another discussion on that topic with all the relevant information: Work permits that are not bound to a company, Advice on eligibility for "Beschäftigung erlaubt"

I have a company specific visa for Germany from India. I need to go back in 2-3 months to India as the work here finishes. Can anyone guide/advice me as to how can I shift job and continue working in Berlin in some other company. How can I change the company specific visa to a visa where I can work for this new company??? Please suggest . I like Berlin City so very much.

Thanks

Topics merged by admin

This is false. A permanent residence permit (Niederlassungserlaubnis) is not needed in order to have an unrestricted work permit. An unrestricted work permit (Beschaeftigung erlaubt) can be gotten to after 2 years of paying into the system.

true, got one yesterday...

true, got one yesterday...

Hello friends,

I have a few similar questions on my specific situation.
I have been living in Germany since last 13 months with an in between gap of 5 months but my WP was valid during this period.
I am employed with a German company in India. Hence here in Germany I've "Aufenthaltserlaubnis" which is linked with my employer.
My current WP is valid until next 12 months which would complete a total of two years.

Questions:
1. If I have a job offer from a German company then is it possible to get the new WP without leaving Germany?
2. When I apply for the new WP, will the auslanderamt check my situation with my current employer? If yes, then what?
3. If my current employer comes to know about what I am doing here, can they do any harm to me?
4. What would be the duration of my new WP?
5. Would this new WP also be linked with my new employer or can I apply for an independent (free of any employer) WP?

Would appreciate expert guidance in this regard.

@ aspirant_de

1. Yes.
2. No.
3. The only way they could know is if the new company contacts ur current employer for references which is unlikely.
4. if the new contract is temporary(example 2 yrs) then the WP will be for this duration. If it is a permanent position then the duration is dependant on the officer issuing the WP. at best it would be three yrs after which he would ask u to come for ur Niederlassungserlaubnis(Permanent Residence title.)
5. based on ur two yrs previous stay u will be eligible for the "Beschäftigung erlaubt" WP.

Good Luck
HJ

p.s. - Are u in IT or Engineering...i am in the same situation as u r and have done quite some digging up on this topic

Hi HansJans,

Thanks a lot for your reply.
I am in IT. Which field r u in? What kind of digging up did you do?
How far did you reach?

Some more questions.
What should I negotiate with my new employer like the contract duration, pay etc. ?
Would need your guidance if you have already been through this.