Posted 13 Jul 2016 I went to KVR auslanderbehorde here in Munich after they emailed me that my documents have been verified. the lady said that agentur Für arbeit have rejected my visa application because of low wage. I am getting €2000 per month Brutto on a Trainee position during a probation period. I told them that I will get more after completing of probation period. She didnt agreed and told me to bring min €2700 contract. I have only 20 days left in my job suchen visa. I studied from a private university in Germany and got a MBA degree from UK. All this time I had student visa and then 18 month job suchen visa. My company wont be raising my pay 700 more in any case, we all know that. what options do I have? how can I get work permit now? auslanderbehorde lady said that its not me its the Agentur für arbeit which rejected. should I get a lawyer or should I go again there?. Some of my friends got a contract of 2200 Brutto and they easily got the visa. can they give me temporary visa for few months so I can have few time to sort that out? help 0 Share this post Link to post Share on other sites
Posted 13 Jul 2016 Isn't it in your contract that your wage will be raised to 2700/month after the probation period? Did the BfA somehow miss that? Or is it absent from your contract altogether (making it a very bad contract)? Getting a lawyer would be advised. 0 Share this post Link to post Share on other sites
Posted 13 Jul 2016 49 minutes ago, SA_Drone said: Isn't it in your contract that your wage will be raised to 2700/month after the probation period? Did the BfA somehow miss that? I seem to have missed that. OP never mentioned that in his Post. 0 Share this post Link to post Share on other sites
Posted 13 Jul 2016 Oh sorry, I misread where he said that he was going to be getting more money after the probationary period and the person told him to come back with a 2700/mo contract. My bad. 0 Share this post Link to post Share on other sites
Posted 13 Jul 2016 No prob But then again, OP, what did you study in Germany? And what's the job that you've applied for? Is it related to your field? They also weigh your Qualification and compare it with the job you are trying to apply for. The income might be the simplest thing they can pin point at. You can't sue them because they are doing their job. 0 Share this post Link to post Share on other sites
Posted 13 Jul 2016 5 hours ago, haider1 said: I am getting €2000 per month Brutto on a Trainee position during a probation period. Quote I have only 20 days left in my job suchen visa. I studied from a private university in Germany and got a MBA degree from UK. All this time I had student visa and then 18 month job suchen visa. You claim to have an MBA from the UK and have completed a degree in Germany almost 1.5 years ago and you think that 2000€/month is a good job offer!!?!?!?? Seriously, after 1.5 years you should have either been able to find a proper job or know when to cut your losses. What did you learn during your studies? 2 Share this post Link to post Share on other sites
Posted 13 Jul 2016 3 hours ago, SA_Drone said: Getting a lawyer would be advised. Why? Although he'd be exempt from the Vorrangprüfung as a foreign graduate of a German university, the position still needs to be adequately compensated. 0 Share this post Link to post Share on other sites
Posted 13 Jul 2016 13 minutes ago, engelchen said: You claim to have an MBA from the UK and have completed a degree in Germany almost 1.5 years ago and you think that 2000€/month is a good job offer!!?!?!?? Seriously, after 1.5 years you should have either been able to find a proper job or know when to cut your losses. What did you learn during your studies? Cut the poor guy some slack! The OP hasn't claimed that's a good offer. To me it does look like a crap offer for someone with an MBA but I've witnessed countless young people with top-notch qualifications, smart, hugely motivated, competent, etc. etc. being exploited, sometimes for years, even kept as interns for what seemed an eternity, even at international investment banks. Maybe that's all he's managed to get for now. His situation is not all that uncommon. 7 Share this post Link to post Share on other sites
Posted 13 Jul 2016 8 minutes ago, Smaug said: The OP hasn't claimed that's a good offer. No, he just came across as desperate to stay here. 8 minutes ago, Smaug said: To me it does look like a crap offer for someone with an MBA but I've witnessed countless young people with top-notch qualifications, smart, hugely motivated, competent, etc. etc. being exploited, sometimes for years, even kept as interns for what seemed an eternity, even at international investment banks. Maybe that's all he's managed to get for now. His situation is not all that uncommon. Sure, it is not uncommon. And EU grads take jobs like these all the time. However, the purpose of the clause with "angemessen" is supposed to prevent wage dumping (and this seems to be a classic case of wage dumping). Since he not from a country with special privileges, I really don't see any options for him. 18c is not intended for grads and 16 Abs 2 prevents a change of status. If he has the funds he might be able to study German... 4 Share this post Link to post Share on other sites
Posted 13 Jul 2016 34 minutes ago, engelchen said: Although he'd be exempt from the Vorrangprüfung as a foreign graduate of a German university, the position still needs to be adequately compensated. Are you sure? I'm reading §2 BeschV and it seems that no minimum wage is required (apart from general requirement to be higher then Hartz IV). Here: Quote (1) Keiner Zustimmung bedarf die Erteilung ... 3. Einer Aufenthaltserlaubnis zur Ausübung einer der beruflichen Qualifikation angemessenen Beschäftigung an Ausländerinnen und Ausländer mit einem inländischen Hochschulabschluss. and then Quote (4) Das Bundesministerium des Innern gibt das Mindestgehalt nach Absatz 1 Nummer 2 Buchstabe a und Absatz 2 Satz 1 für jedes Kalenderjahr jeweils bis zum 31. Dezember des Vorjahres im Bundesanzeiger bekannt. No minimum wage requirement for Absatz 1 Nummer 3 cited above. Unless the job is not beruflichen Qualifikation angemessenen Beschäftigung but then it goes through Vorrangsprüfung (+minimum wage). OP, is your job related to your German diploma? 0 Share this post Link to post Share on other sites
Posted 13 Jul 2016 Ok... The officials say you cant live in Munich on 2 grand... and they refused your visa... Try going o the UK before they close their borders or go home... Just where is the problem? 0 Share this post Link to post Share on other sites
Posted 14 Jul 2016 6 hours ago, yourkeau said: Are you sure? I'm reading §2 BeschV and it seems that no minimum wage is required (apart from general requirement to be higher then Hartz IV). Yes, the Arbeitsbedingungen are considered when evaluating whether or not the job is angemessen. Quote Here: and then No minimum wage requirement for Absatz 1 Nummer 3 cited above. Unless the job is not beruflichen Qualifikation angemessenen Beschäftigung but then it goes through Vorrangsprüfung (+minimum wage). Read BeschV 2 again. The part you quoted above with ss 2 Abs 4 refers to the Blue Card threshhold. The Mindestlohn is the minimum wage. 6 hours ago, SpiderPig said: The officials say you cant live in Munich on 2 grand... and they refused your visa... No, they are NOT saying he can't live in Munich on 2 grand, they are saying that 2 grand in Munich is clearly not a job for a university grad (or at least it is not sufficient to grant a permit to a foreign university grad). 4 Share this post Link to post Share on other sites
Posted 14 Jul 2016 8 hours ago, engelchen said: 8 hours ago, engelchen said: Although he'd be exempt from the Vorrangprüfung as a foreign graduate of a German university, the position still needs to be adequately compensated. Even studying in a Private University here gets one exempted from the Vorrangprüfung? 0 Share this post Link to post Share on other sites
Posted 14 Jul 2016 11 minutes ago, Erdmann said: Even studying in a Private University here gets one exempted from the Vorrangprüfung? It depends on the university. However, if he was issued 16 Abs 4, then the exemption should apply (unless the authorities incorrectly issued 16 Abs 4). 1 Share this post Link to post Share on other sites
Posted 16 Jul 2016 For my previous job the initial pay was € 1600 Brutto but the contract did mention that from the fourth month i would be paid € 2200 and € 2600 after 6 months, the lady at the ABH kept telling me that i deserve a better pay (Master's Degree) but she did change my Job search to work permit. And i remember my boss enclosing a letter which stated my tasks and some extra information (my german was really bad back then) 0 Share this post Link to post Share on other sites
Posted 16 Jul 2016 When I look at the money the average Garbage Man gets... https://www.gehalt.de/einkommen/suche/muellmann 1600€ and then going up to 2600€ with a Master's degree is a rip off... 1 Share this post Link to post Share on other sites
Posted 18 Jul 2016 Best idea would be to consult a lawyer or speak to the visa office. Franklan said it right that the minimum wages these days are 1600 Euros 0 Share this post Link to post Share on other sites
Posted 18 Jul 2016 14 minutes ago, AppleEater said: Best idea would be to consult a lawyer or speak to the visa office. On what grounds? 14 minutes ago, AppleEater said: Franklan said it right that the minimum wages these days are 1600 Euros Sure the minimum wage is a little less than 1600€/month FOR AN UNSKILLED POSITION! However, the OP is trying to apply for a permit as a skilled graduate. On 7/16/2016, 7:53:40, sanjay050284 said: For my previous job the initial pay was € 1600 Brutto IMHO 1600€/month for a hardware developer with an MSc is Sittenwidrig and shouldn't have been issued. 1 Share this post Link to post Share on other sites
Posted 18 Jul 2016 Ya I completely agree to what ENGELchen says... since you are applying as a skilled person, you should have a more then 2500 Euros. Better check with the experts. 0 Share this post Link to post Share on other sites
Posted 5 Feb 2018 This is an old post, I hope you get it solved. I had the same problem with the minimum wage but I solved it. Did you tell them you are applying for a limited visa? and your work is related to your field of studies? In my case, they thought that I was applying for an unlimited visa so there was a minimum wage. We cleared that up and I got the visa. 0 Share this post Link to post Share on other sites
