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- Parent Category: Entry
- Created on Thursday, 11 December 2008 18:52
- Last Updated on Saturday, 22 December 2012 18:51
Work Permit
Knowing that politicians keep all their promises, I vaguely remember something of a “one-stop agency”? Has this come true or is it only another hoax?
I am so sorry to disappoint your distrust in politicians but this one-stop agency has come true. The idea behind this concept is to reply to the criticism of the extraordinary red tape having to first visit the foreigner’s authority for a residence permit and then the labor agency for a work permit. Now every residency permit must explicitly regulate if or if not you are entitled to work in Germany (§4 II 2 AufenthG). This means that for your work permission you will simultaneously apply with your residence permit at the foreigners office. However, the labor agency still decides. The foreigners office only executes the labor agency’s decision. In the very end, you are relieved of visiting one more office. However, the administrative work has not been changed.
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I want to get a job in Germany. My training at home gives me a grand qualification. What is the likeliness of an approval?
Generally, you will receive a work permit if the government thinks it is safe for the labor market (§39 AufenthG). Your application will be granted if:
- your employment does not result in any adverse consequences for the labor market, in particular with regard to the employment structure, the regions and the branches of the economy, and
- no German or privileged foreigners will lose their vocation or
- you are not employed on terms less favorable than applicable to comparable German workers.
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Aha. And who are these privileged persons? Surely me, because I’m so cute.
Nice joke, I got a lot of laughs. The privileged foreigners are, that have a settlement permission, or
- are EU citizens, or
- are from Switzerland.
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I accompanied my relative to Germany and was granted residence in Germany. What about working? Will I be able to work?
Yes, you will be able to work in Germany insofar as your relative is allowed to work in Germany or if marital cohabitation has lawfully existed in the Federal territory for at least two years (§29 V AufenthG).
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What about being married to a German? Will they allow me to work or do I have to fulfill the normal requirements, like a waiting period?
Being married to a German gives you the right to work as soon as you receive your residence permit. The law says that you must receive a work permit if you habitually live with your German spouse in Germany (§28 V AufenthG).
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What about me being the parent of my German kid?
The same goes for you – as long as your child normally lives in Germany and you want to raise and/or actively participate in raising him here.
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I just read sponsoring a job by the employer? Does this mean that the employer must first bribe the officials so that I can get the job?
No, no bribing. Nice idea though! Whenever applying for a job, by law, no employer is ever obliged to pay any fees. Not the employer, but the employee, is the debtor, to pay the official fees for a residence permit allowing employment. Of course, this does not mean, that the employer may not cover these fees on behalf of the employee. In Germany, the concept that the employer pays the office fees is not known and would be considered as a bribe subject to prosecution. However, when an employer needs to produce all the paperwork for to you to apply, then that would come close to a “job sponsoring”. This paperwork comes in the form of: a job description, draft labor contract and written proof of attempts where that the employer has vainly tried to find a non-foreign person able to fill the position before hiring you.
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