prove that there are no EU citizens available for the job?

[medele]

Hi all,

I found out (from a web site) that one of the conditions for a person to get a working permit in Germany is:

2. German or other European nationals are not available to fill the position.

I have a working contract with a company in Munich, I have a university degree (Computer Science).

My question is - how is condition number 2 checked in the immigration process? I applied on a normal job add from the company and I got the job. Will there be problems after applying for a work permit?

Thanks

[Wanderer]

Hi all,

I found out (from a web site) that one of the conditions for a person to get a working permit in Germany is:

2. German or other European nationals are not available to fill the position.

I have a working contract with a company in Munich, I have a university degree (Computer Science).

My question is - how is condition number 2 checked in the immigration process? I applied on a normal job add from the company and I got the job. Will there be problems after applying for a work permit?

Thanks

Please read my numerous threads in this section on this subject - I have direct experience of this and I can tell u for us it has been a nightmare.

First - some questions:

1. What country are you from?

2. Do you speak German?

3. Are you aware the company applies for the work permit - not the employee?

4. Did you inform the company you would need a work permit?

5. The company has to inform the German Labour Office that it can't fill the position from local and EU workers, with proof.

Be warned - it took my gf four and half months to get hers........

[medele]

Hi Wanderer,

Thanks for your interest to help

1. What country are you from? - I'm from Macedonia - Candidate for EU member but not yet in EU.

2. Do you speak German? - Yes, i do.. but I don't have any international certificate to proof that

3. Are you aware the company applies for the work permit - not the employee? - No, this is new for me.. the embassy here said that I can just go and ask for a permanent visa with my contract.

4. Did you inform the company you would need a work permit? - Yes I did informed the company.

5. The company has to inform the German Labour Office that it can't fill the position from local and EU workers, with proof. - This is my biggest concern - what proof do they need? How can the company prove this??

Thank you very much

[Wanderer]

Hi Wanderer,

Thanks for your interest to help :)

1. What country are you from? - I'm from Macedonia - Candidate for EU member but not yet in EU.

2. Do you speak German? - Yes, i do.. but I don't have any international certificate to proof that

3. Are you aware the company applies for the work permit - not the employee? - No, this is new for me.. the embassy here said that I can just go and ask for a permanent visa with my contract.

4. Did you inform the company you would need a work permit? - Yes I did informed the company.

5. The company has to inform the German Labour Office that it can't fill the position from local and EU workers, with proof. - This is my biggest concern - what proof do they need? How can the company prove this??

Thank you very much

1. Macedonia steals all the UK's points in the Eurovision Song Contest!

2. You'll need to pass a test - I think in Germany - 100 euro or so. Having said that my gf didn't - maybe cos her's in work placement from uni - languages..

3. my gf applied in first case to consulate for the visa the work contract etc, then it went all over including to the company for them to approve and confirm this that and the other. Then when it was approved she got a single entry kind of visit visa to Germany and was told to go to such and such an office and exchange it for the work permit proper, actually a residence permit. the whole process is mind bogglingly frustrating. You will need to use ur german here and phone them constantly.

4. I suppose that's the point the whole application is sent to the company for. I only know the UK rules here but I suppose they are similar. They have to show they've advertised the job in Germany and EU and interviewed people and explained why they are unsutable. Knowing the Germans that will be by paperwork, paperwork and more paperwork.

So now I think it's not correct to say the company applies for the WP - seems like a joint effort!

If u need any more detailed info I'll ask the gf! It's worth it in the end, Germany esp Berlin is great.

[vilkatis]

I can't speak directly to Germany, but generally in Europe:

A company must advertise the job publicly for a certain amount of time.

The time varies. It can be as simple as two weeks in one local newspaper, or it can be four to six weeks. Sometimes it may be required to prove it was not published ''too locally.''

Some general standard needs to be demonstrated that it was posted long enough and prominently enough that there was a fully reasonable opportunity for citizens & residents to have known about it and make their applications before the deadline to submit them.

How to meet the Europe-wide EEA standard I can't answer. I'll speculate that might lead to this:

Also, some governments require that the posting for the job be registered with the government, usually at the equivalent of the Labor Department.


The specific skills required by the job then need to be met by you and nobody else who qualifies first and who apply for the job before the application deadline.

If someone else meets the requirements, the company has to document why it was necessary to choose you instead of the other person. In some cases, you may have additional non-required skills that make you a ''better fit'' for long-term and productive employment.

If a person not getting the job protests, the company will have to defend itself in court or before the labor board.


Sorry I can't help you Germany-specific, but these are the sort of things that the company should be well aware of and know how to comply. It is not your responsibility.

You have other responsibilities, but ''proving'' nobody else can take the job is not one of them.


Now,

It helps enormously - and this is the common way around it - if you are in contact with the company and they are able to get a very solid feel for all of your skills. They can then incorporate those skills into the job description so that very few other people will meet all the requirements.

They have to be ''reasonable'' about it. They can't require fluency in the !Kung dialect of African Bushmen if it has no bearing on the job, for example.

So long as they want you, they can place a number of filters in place such that your odds of qualifying are very high and nobody else, within the application period, will be as good a direct match.

This is where establishing a direct and personal contact with people in the company can really pay off. If they meet you and determine that you really area good fit for their business, they usually are willing to go the extra route to help custom-fit the skills requirement of the job to your CV.

-- vilkatis

[medele]

Thank you vilkatis for your detailed answer.

I found this job add on a web site (monster.de), so the company already had a public add that anyone can see (in EU or outside). So I guess since they accepted my application, they already have good enough reasons to hire me above other applicants (if there were some other applicants).

I will apply anyway for a working permit and lets just see what happens .

Thanks.

[Wanderer]

Thank you vilkatis for your detailed answer.

I found this job add on a web site (monster.de), so the company already had a public add that anyone can see (in EU or outside). So I guess since they accepted my application, they already have good enough reasons to hire me above other applicants (if there were some other applicants).

I will apply anyway for a working permit and lets just see what happens :).

Thanks.

Did they give you the job without a face-to-face interview?

[medele]

No I had a face-to-face interview. I had also a phone interview and the second interview was face-to-face in their office.

[mcmlxxvi]

There is an exception from all immigration procedures for Germany which only applies to IT specialists. It's called a german green card.
According to this exception, one can get a job without a check of the german labor market, as long as there is an emplyment contract with a german company. The limitation-the green card is only valid for 5 years.