Hello,I am a Romanian national and I am moving to Germany. I am currently residing in Holland where I have a job with a Dutch company - and I will be doing my job for this company from Germany.My question is if I need a work permit? I read that if I am a university graduate (which I am as I graduated from the Academy of Economic Studies) and I have a job according to my qualifications ( I am a relationship manager for a direct marketing company - so this should meet the requirement) - I don't need a work permit anymore. Can you please confirm? Can you also confirm if there are any other formalities that I may need to go through to be able to make this move?Thanks,Andrea
Hi, since teh beginnung of 2012 you do not need a work permit any more if you are an university graduate an you are going to work in job requiring this qualification.
However, you will need a Freizügigkeitsbescheinigung stating that you have the permission to stay without any other permit in Germany.
The local townhall will give you the information where to get this paper.
Here the data for Berlin:
Can i get the data for Munich, please?
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Hello, I am about to move from Holland to Germany with my job (I will have the same employer but I will work from home in Germany). I am also pregnant and I will need insurance. I understand that I can apply for public insurance? Can they turn me down?
LL.M. in International Trade Law (Newcastle upon Tyne, UK)
I have been to the city hall and obtained a " Bescheingung Gemass & 5 Freizugigkeitsgesetz/EU" - is this the document that I needed to show I can work without a permit?
This was the document I referred to.
This document says:
"Die Inhaberin dieser Bescheinigung benotigt zur Aufnahme einer unselbstandingen arbeitsgenhmigungsplichtigen Erwerbstatigkeit eine Arbeitserlaubnis - oder Arbeitsberechtigung-EU" - I'm not sure this is what is meant to say? If it needs to say something else, can you tell me what it should be in German?
This means that you need an additional work permit. However you should get it at the local Ausländerbehörde (they usually contact the employment authoritiy) without further problems if your work requires the university degree as for these types of employment Romanian and Bulgalrian people actually don't need a permit any more since the beginning of 2012 (see the Berlin link provided above).
However I would try to get the permit in order to avoid any further legal problems, although you are actually entitled to work according to the qualification of your university degree.
Be prepared to carry evidence about your qualification and the requirements of the employment (e.g. a statement of the employer and the contract).
I called the Employment agency (ZAV) and explained my circumstances - no work permit is required and I don't need to do anything!
How does this sound?
This is how it should be according to my information. It just may happen that your local Ausländerbehörde wouldn't know that or any other authoritiy controlling your papers (for example customs/Zoll).
So an issued permit may prevent you from some problems but as stated above you are actually allowed to do a job requiring your university degree without an extra permit.
I just translated the text from the "Bescheinigung gem. § 5 FreizügigkeitsG". As it still explicitly states that you need a work permit, some authorites may be mislead by this paper not knowing the newest legislation from 2012 might make some trouble which definiately can be solved as long as you speak English or German.
I just think the safest way not to get any discussions afterwards is just to get a work permit if it is no big deal. If the central employment agency refuses to give the permit to you, they may issue a paper that you don't need it in case you get into any trouble with customs, etc.
It all depends whether you want to be sure to have no discussion at all with other authorities (for example because you cannot communicate in German). Sometimes it is bad publicity to have customs in your company treating you as a person working illegally needing to explain things.
So it's more a question of personal taste what to do now.
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