You need to be logged in to get access to the forums. You can do so here.
Urgent help needed: spouse visa condition
Posted on 13.05.2008 09:26
Urgent help needed: spouse visa condition
Hello everyone,
my wife is in Germany since 2 months, and went this morning to get her visa stamped with a residence permit with a validity like mine which is till august 2009.
She asked the lady at the Ausländeramt about her work possibilities, but we were surprised that the lady told my wife that she's not allowed to work here since she is only here accompanying me!
Furthermore the lady sent my wife to a man who said the same and told my wife that even after 5 years or whatever she won't be allowed to work but then gave her a paper that she should fill and submit somewhere, and see if she gets a work permit but told her that this would be unlikely.
The visa says something like Erwerbstätigkeit nicht gestattet, begleitung des Ehemannes or something like this.
I am now a little shocked but I know that this cannot be true.
Any ideas on this?
AxEnNeSo
Member since 15.03.2006
Posted on 15.05.2008 21:56
Re: Urgent help needed: spouse visa condition
Thanks raj, this is what I was looking for.
I am now confused after reading this paragraph,
(5) Die Aufenthaltserlaubnis berechtigt zur Ausübung einer Erwerbstätigkeit,
1. soweit der Ausländer, zu dem der Familiennachzug stattfindet, zur Ausübung einer Erwerbstätigkeit berechtigt ist oder(...)
This means my wife is allowed to work right now.
Can you please confirm?
AxEnNeSo
Member since 15.03.2006
Posted on 16.05.2008 00:22
Re: Urgent help needed: spouse visa condition
sorry dude, i have no idea. why dont you ask it in info4alien.de. They will come up with the correct rules and sections.
raj
Member since 27.01.2004
Posted on 16.05.2008 10:29
Re: Urgent help needed: spouse visa condition
Your wife can start working immediately if she has exactly same Visa like you like in my case (luckily), otherwise if she has dependent visa then she can start working after 1 year.
Rambalram
Member since 23.08.2007
Posted on 16.05.2008 14:34
Re: Urgent help needed: spouse visa condition
Her Aufenthaltserlaubnis is dependent on mine but the Nebenbestimmung says: "Ausübung eine Erwerbstätigkeit nicht gestattet, nur zur Begleitung des Ehemannes"
It looks like they did a mistake because since I have BE, my wife is allowed to work from day 1 according to the following paragraph,
"Die Aufenthaltserlaubnis berechtigt zur Ausübung einer Erwerbstätigkeit,
1. soweit der Ausländer, zu dem der Familiennachzug stattfindet, zur Ausübung einer Erwerbstätigkeit berechtigt ist"
We will go and ask them to change this clause on her passport next week. Hopefully things will go smoothly. I'll let you know what happens.
AxEnNeSo
Member since 15.03.2006
Posted on 17.05.2008 12:20
Re: Urgent help needed: spouse visa condition
Pls post the reply from the Foreigners office.
My case is simiiar to your wife's.My husband visa says''§ 18 Beschäftigung erlaubt''(He's permitted to work as a freelancer but doesn't have NE)I'm not allowed to work in Germany though I'm here since 2005.
Wish you Gud Luck!
maneesha
Member since 15.05.2008
Posted on 17.05.2008 13:08
Re: Urgent help needed: spouse visa condition
Daaamn since 2005 here!! Why don't you go and ask them to change your Nebenbestimmung!?
According to the following you can work in Germany from day 1 if your husband has BE or after 2 years of residence in Germany as married.
Die Aufenthaltserlaubnis berechtigt zur Ausübung einer Erwerbstätigkeit,
1. soweit der Ausländer, zu dem der Familiennachzug stattfindet, zur Ausübung einer Erwerbstätigkeit berechtigt ist oder
2. wenn die eheliche Lebensgemeinschaft seit mindestens zwei Jahren rechtmäßig im Bundesgebiet bestanden hat und die Aufenthaltserlaubnis des Ausländers, zu dem der Familiennachzug stattfindet, nicht mit einer Nebenbestimmung nach § 8 Abs. 2 versehen oder dessen Aufenthalt nicht bereits durch Gesetz oder Verordnung von einer Verlängerung ausgeschlossen ist.
AxEnNeSo
Member since 15.03.2006
Posted on 17.05.2008 16:21
Re: Urgent help needed: spouse visa condition
yes,I already been to 'Aüslanderbüro' with this issue after completing my 2yr stay in Germany.
This is the written answer that I got from them ''§9(1)Nr.1 Beser. Vr V.Wen der Ehegatte diese Arbeits erlaubnis besitzt,k.f- die Ehefrau eine Arbeits erlaubnis stellt werde''(which means that my husband must have an unlimted work contract & he didn't have that,so,I was not eligible for WP)
Then we shifted to some other city and approached the 'Aüslanderbüro' in that city.They said that I must have a job offer for processing the work permit.Later I found a job,but unfortunatley the 'Arbeitsamt'rejected my application for the WP since they had Germans,EU citizens to fill out that particular position
(I'm not into IT field anyway)
BTW,what is BE?
Is it ''Beschäftigung erlaubnis''?It means ''Employment Permission'' right?and It is given to everybody(I mean to 'husbands')would that be helpful in getting the WP for his wife?
Correct me if I'm wrong.
Now,I wait my husband to be eligible for NE to apply for my WP.Anyway you try to get a written statement from Aülanderbüro about your wife's WP.It would be always better to approach them with a lawyer(since I got 2 different answers from different 'Foreign offices
Does your wife speak German?Isn't she supposed to do the Integration German language course?In my case it was a MUST to do that course and I've done with it.
maneesha
Member since 15.05.2008
Posted on 17.05.2008 20:11
Re: Urgent help needed: spouse visa condition
They misread the law. If you lived as married couple here for 2 years then the unlimited work permit for your husband is not necessary.
You would have been eligible for a work permit from day 1 if your your husband had BE, which is "Beschäftigung Erlaubt" or unlimited work permit in time or field, it has nothing to do with work contract which could be limited or unlimited.
Your husband is eligible for BE if he worked for 2 full years in Germany or if he has been staying for at least 3 years.
My wife speaks German already, she went to a language school and reached level B1, so the people at the integration office exempted her from the integration course after they interviewed her, and saw that she had a quite advanced level.
AxEnNeSo
Member since 15.03.2006
Posted on 17.05.2008 22:54
Re: Urgent help needed: spouse visa condition
Ok..I'm still confused about BE.My husband has recently got the permission to work as a freelancer(since he's already completed 3 yrs of living in Germany)but he's not allowed to set up a business.Is that the case with BE??
Are you allowed to work as a freelancer?
I thought the term used 'unlimited' is 'Unbefristet'..something like that. None of my friends(all of them are Engineering grads)got the permission to work here and they were in the same situation as mine
maneesha
Member since 15.05.2008
Posted on 19.05.2008 08:51
Re: Urgent help needed: spouse visa condition
Yeah that's the case with BE I guess, although I'm not sure about freelancing because I don't plan on working as a freelancer anytime in the future.
Concerning the work permit, luck plays a big role here because in some cities, the law is misinterpreted and they deal with parts of it in their own way.
AxEnNeSo
Member since 15.03.2006
