Full time employment contract on student visa

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Hi All,

 

I have completed my masters studies but haven't got the degree yet. It will take two to three weeks to get the degree. But I can get a letter from university showing that the requirements of my degree are completed. I have got an offer of full time employment from a company now. Can I start work with this company on the regular work contract using my student visa and then in parallel apply for the normal work permit visa? Do I need different work contract to work as student for those allowable 90 days? And different contract for work permit? Or one contract is suffice?

 

Thanks,

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Can't you use some of your 90 day allowance specified on your student permit? Or is that 90 days restricted to one employer (who is not the one you seek to commence with)?

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I have 90 day allowance specified in student permit. I don't know if I can use it or not with the contract in hand. Maybe I am confusing things.

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When does your permit expire and are you still registered at the university until the end of the semester? Normally permits have a Nebenbestimmung specifying that they expire as soon as you complete your studies. However, assuming your semester runs till March, you should be fine starting your job with your study permit.

 

As soon as you receive your degree take it to the Ausländerbehörde with a copy of your contract and they should process your new permit within two weeks. They are only allowed to perform a “Arbeitsmarktprüfung” to ensure that the position generally requires a degree and that it is adequately remunerated. They are not supposed to perform a “Vorrangprüfung”, i.e. determine whether there are any EU/EEA/third country citizen with the right to work in Germany capable of doing the job.

 

Congratulations on your new job!

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Thanks a lot Engelchen. Thanks for all the help you and tom did on all other questions as well...

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Your welcome Aibar.

 

It is supposed to now be very quick and easy for foreign graduates to receive a work permit, but just in case you might want to also print out and take a copy of this “Weisung” when you go to the ABH.

 

Edit: I can't figure out how to upload the .pdf. Send me a PM if you want me to email it to you.

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On 1/23/2011, 6:45:28, engelchen said:

When does your permit expire and are you still registered at the university until the end of the semester? Normally permits have a Nebenbestimmung specifying that they expire as soon as you complete your studies. However, assuming your semester runs till March, you should be fine starting your job with your study permit.

 

As soon as you receive your degree take it to the Ausländerbehörde with a copy of your contract and they should process your new permit within two weeks. They are only allowed to perform a “Arbeitsmarktprüfung” to ensure that the position generally requires a degree and that it is adequately remunerated. They are not supposed to perform a “Vorrangprüfung”, i.e. determine whether there are any EU/EEA/third country citizen with the right to work in Germany capable of doing the job.

 

Congratulations on your new job!

@engelchen I have a similar situation - I'm hoping you can help with your expertise a bit. I am on the last term of my master which is supposed to be a 3-month pflichtpraktikum. From the school's perspective I can trade this in for a full-time job, which is precisely what I want to do. I have offers from 3 companies for a full-time role that starts from the date on which I should start my pflichtpraktikum. It is not clear to me if I can sign any of these contracts while still on my student visa. My visa allows me 120 full/240 half days of work a year and I have enough work days left to see out the period of the pflichtpraktikum. Can I sign the contract and then apply for either a job-seeker or a work permit soon as I have completed my obligations to the master (which is when the school will be able to furnish me with an official document stating the same) - this way, unforeseen circumstances aside, I will still be able to change my residence status before my working days quota is up. 

 

Another aspect to consider is whether I can sign the contract and already apply for a work permit before completing my master - if I understand correctly, this is also possible to do if I have a degree from a foreign university comparable to a German Hochschule qualification (my school has a H+ rating and my degree a A3 - which I understand is sufficient). Moreover, I also have 5+ years of relevant work experience to show for. 

 

The worst case scenario is that I ask the companies to offer me 2 separate contracts - one for a 3 month pflichtpraktikum and another for a full-time role that becomes active after the 3 month period. This would compromise my leverage to demand the same salary for the months of pflichtpraktikum, which are not subject to minimum wage and hence not a favorable option.

 

I have been to the ABH today and they were not willing to give me any conclusive advice - which I already anticipated because in essence what we are talking about is gaming the system. 

 

I'm also very curious to understand what is the meaning of "Approval by the Federal Employment Agency (if applicable)" - like when is this required and when is it not? There's no clear indication on this and lots of sources report contrasting information. 

 

I know this is very specific and in detail but if you can offer any insights, I would be very grateful. 

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Hi,

I have a similar question. I have recently signed a contract for a job that I have to begin from August 1st, 2019. I currently have a student residence permit valid till December 2019, but I finish my studies on July 31st 2019 already. I am allowed to work 120 full days on my permit and still have 70 days left for this year, but I am not sure if my student permit will be valid after I graduate. My residence permit is under process and I have enough working days left on my permit to cover the processing period. Can anybody tell me if my visa is still valid after I graduate? 

 

It would be very helpful if somebody could tell me what I could and could not do.

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