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hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1886
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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Hello, A german company wants me to work for them. Plan would

Customer Question

Hello, A german company wants me to work for them. Plan would be that i enter with a tourist visa the first weeks, then all required formalities to get work permit and residence will be done. I'm not familiar with work permit and residence/citizen status processes in Germany. Could you explain what's a simple way to get work permit and resident status including german passport? What are the requirements? I have a degree in international business and several years of experience in the industry working in the USA. Also employer will give me a contract. As soon as I leave the USA I will have to give up residence process so I need to make sure i have a plan.
Thanks for your help
Submitted: 1 year ago.
Category: German Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

yep, ok, i will continue to wait


 


thanks

Expert:  Wendy-Mod replied 1 year ago.

Thank you for your patience. We will continue the search for a Professional for you.

Regards,

Wendy

Expert:  hhvgoetz replied 1 year ago.

Hi,

as a US citizen you have the privilege to apply for a different visa while being in Germany as a tourist.

 

As a U.S. citizen you should be able to obtain a working permit as long as you work in a job that requires your university degree. It should be a highly qualified job or managing job representing he company. Otherwise your employer may have to prove that he cannot obtain a qualified person within Germany and the European community.

 

After arriving in Germany, register your place of residence in the local registry office (Einwohnermeldeamt) and then proceed to the foreigners' registration office (Ausländerbehörde). They will give you all the papers to apply for the working permit.

 

You will need to present the job-contract you are going to sign. You need the permit BEFORE you start to work. Ask your employer to check beforehand if a working permit is possible to obtain with your qualification.

 

Regards

Customer: replied 1 year ago.

Hello!


Thanks for your answer. I forgot to mention that I was born in Mexico and my passport is a mexican passport. However I have been living in the US for several years now working under an H1 VISA. My son was born in the USA and he has an american passport.


 


Does this change anything you mentioned on your reply?


 


Thanks a lot

Expert:  hhvgoetz replied 1 year ago.

As a Mexican citizen you are also able to apply for a visa being in Germany. However, it will be more difficult to obtain a working permit if you are not considered as a "highly qualified" person or a manager having general commercial power of representation for your company.

Expert:  hhvgoetz replied 1 year ago.

Sorry, correction:

As a Mexican you can enter as a tourist with a visa but you do not have the privilege to apply for the working visa after entering Europe.

You need to apply for the visa at the German embassy (or a consulate) in the States!

 

See, § 41 AufenthV.

 

http://www.gesetze-im-internet.de/aufenthv/__41.html

 

I'm sorry!

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1886
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
hhvgoetz and 2 other German Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you,


 


Does it help me that I've been living in the use for the last 5 years to enter to germany with tourist visa and then apply for working visa? My main goal is to get a permanent residence/german or european passport. What's the quickest path?


 


If I apply for the visa in the usa, should i apply for a tourist visa or for a working visa?


 


please advice,


 


thanks

Expert:  hhvgoetz replied 1 year ago.

No, your nationality is important.

You need to apply for a working visa.

As a Mexican you do not need a tourist visa in oder to enter to Germany.

What you cannot as a Mexican is to enter Germany as as a tourist and apply there for a working visa. This is possible as an US citizen.

 

Regards

Customer: replied 1 year ago.

Thanks!


Does the following makes sense as a plan without getting in any kind of trouble?


1. I enter Germany without need of tourist VISA. I enter as a tourist. I have a company in Mexico and I will get paid as consultancy in the meantime. I will give them a receipt from mexican company.


 


2. Once the company gives me a contract ( as soon as possible ) I can get out of germany and request a working permit from either Mexico or any other country, then come back with working permit


 


3. How long does it take for me to have the working permit once i have provided the embassy with contract and other info requested?


 


Thanks

Expert:  hhvgoetz replied 1 year ago.

This should work, give it also a try at the local alien authority whether they let you stay in Germany.

 

However, via the embassy it may take easily 3-6 months!

Your employer should be aware of the problem and let you sign the contract before arriving in Germany.

 

 

Regards

Customer: replied 1 year ago.
Thanks, I appreciate your advice!
Is there a way where the company gets this done completely without having me doing anything. Example, they request directly to German authorities that they want a working permit for me?
And I can then arrive as tourist in the meantime all processes are fulfilled?

Thanks much
Expert:  hhvgoetz replied 1 year ago.

No, I don't think so.

But the company can prepare everything so that your visa will be granted when the paperwork arrives from the embassy in the States.

Customer: replied 1 year ago.

OK, thanks, so in short could the following plan work without getting in any problem?


 


1. Company sends employment contract this week?


2. Next week i go to german embassy/consulate in the USA ( I am mexican and I'm here with working visa, is it ok i go to Germany embassy here in the USA embassy or I have to go to Germany embassy in Mexico?)


3. Once I have applied for visa, i can go to germany as a tourist till working permit is ready?


4. In the meantime work permit is ready can I provide consultancy services in germany from a company i have in mexico?


 


your advice is priceless,


 


thanks


 


 

Expert:  hhvgoetz replied 1 year ago.

1. OK

 

2. The embassy or a consulate in the U.S. as this is your place of residence.

 

3. Yes. You theoretically may be forced to go back to collect your visa, but this should be negotiated with the local alien authority in Germany.

 

4.

I don't think this will be a problem as long as you don't actually earn anything in Germany.

 

Regards and good luck.

Customer: replied 1 year ago.

Hello,


 


Your input has been very helpful, thanks.


I'm about to get things going. I need to be in Germany april 1st the latest.


 


The General plan is:


 


1. I am opening a consultancy company in mexico this week and i will be employed for that company.


 


2. I will provide with consultancy services to a German company. What documents Should I bring with me to Germany, do i need to bring something extra besides my passport? should I let German authorities that i will do consultancy work for 2-3 months?


 


3. The company I work for is interested in employing me full time, they are willing to start doing all legal paperwork now for this to happen.


 


4. Can i start doing the consultancy work april 1st and have the company start doing all the formalities so they can employ me asap before i arrive in Germany? with this i mean should i take to germany's consulate contract and everything stating that the company is interested in employing me before my arrival to germany?


 


Does the above mentioned plan makes sense ?


 


Thanks!

Expert:  hhvgoetz replied 1 year ago.

You should take the whole paperwork about your contract with that company to the consulate and/or the local alien authority in Germany.

 

I don't think, it will be a great deal if you state that you enter into Germany for business travel. However, there is no need to go into detail.

 

I don't know whether it makes sense to open the company in Mexico if you are going to be employed in Germany in April anyway. You'll have to decide whether the few weeks are worth the hassle to open a new company.

 

Regards

Customer: replied 1 year ago.

Thanks,


 


no worries about opening mexican company, its easy and i need to give a receipt to german company.


 


could you revise steps, i got a bit confused:


 


1. open mexican company so i can issue a receipt


2. arrive in germany with mexican passport only. let them know I'll be on buisness / tourist trip. Does it make any difference? i will provide consultancy work and get paid through mexican company.


3. go to german consulate with contract before my departure or when i arrive in miami?


 


thanks


 


 

Expert:  hhvgoetz replied 1 year ago.

2. It won't make a difference.

 

3. Do it as soon as possible as the whole process will take time!

Customer: replied 1 year ago.

Ok, let me see if i understand, sorry for being so repetitive but i just don't want to screw up, so ideally, tomorrow i can take the contract and employer documentation to German consulate in US or Mexico in order to have the working permit process started. Say this process takes 1-3 months and i get the working permit may 11th, even june 11th.


 


In the meantime i can start 'working' for the german company starting april 1st as a consultant. I arrive in Germany only with passport on april 1st and get paid through mexican company for consultancy services until the working permit is approved.


 


Please advice if i understood correctly.


 


I really appreciate your advice.


 


Thanks again

Expert:  hhvgoetz replied 1 year ago.

Yes, correct.

For the visa the embassy/consulate of your current residence is the correct one -> USA.

Anyway I think it will be easier to deal with a German consulate in the U.S. than the embassy in Mexico which has to deal with a lot people who do not meat any requisites.

Customer: replied 1 year ago.

Thanks for your reply.


 


There's one part I don't understand. I thought I do not need a visa and that i can just show up in germany with my passport. I haven't enteredEurope for years.


 


Did you mean for the working permit instead of for the visa?


 


thanks

Expert:  hhvgoetz replied 1 year ago.

The working permit you will get in Germany. In oder to obtain this, you'll need a working visa from the embassy/consulate.

 

Yes, you can enter as a tourist.

Customer: replied 1 year ago.

Bro,


 


I thought that as a consultant i didn't need a working visa and that i could just show up in germany with my passport until the working permit was approved. I also understood that i could start the working permit process before my departure to germany at a german consulate either in the us or mexico.


 


Please clarify, I'm confused


 


Thanks

Expert:  hhvgoetz replied 1 year ago.

Yes, all the conditions for the working permit are checked in the embassy. Then you get a visa which will enable you to collect the working permit once in Germany.

 

As a Mexican consultant you won't need a visa if it's just a business trip or vacation.

Customer: replied 1 year ago.

THANKS!!


 


I would really appreciate that you could verify the following steps and confirm this is the right way:

1. go to german consulate in the us and start the working permit process before i depart to germany.

2. show up in germany few weeks later with my passport and work as a consultant until working permit is approved.

i will get paid through mexican consultancy company in the meantime the working permit is approved.


 


DO YOU MEAN THAT WHEN I SHOW UP TO GERMAN CONSULATE TO REQUEST WORKING PERMIT THEY WILL GIVE ME A WORKING VISA IMMEDIATELY OR WILL THIS TAKE TIME. I NEED TO BE IN GERMANY APRIL 1ST!

please advice.


Thanks

Expert:  hhvgoetz replied 1 year ago.
No, this will take several months. All the paperwork has to be transferred via diplomatic post and the job agency has to issue the work permit. This will all take time and depends also on the cooperation of your company.
Customer: replied 1 year ago.

OK, then please help me understand because now i don't get it.


 


original plan was:


 


1. go to german consulate and request working permit. i know this will take time. i will do this this week or the next the latest.


 


2. make preparations to arrive in germany april 1st and start working as a consultant until the working permit is approved.


 


are these steps correct?

Expert:  hhvgoetz replied 1 year ago.
Yes! I just told you that formally you will not get a work permit but a visa in order to collect the work permit in Germany.
Customer: replied 1 year ago.

Thanks much for your help!

Customer: replied 1 year ago.

Thanks again,


 


Once i get the working permit what's the process to get a permanent residence and german/european passport?


 


Thanks

Expert:  hhvgoetz replied 1 year ago.

After 5 years you can obtain the permanent residence if still working and maintaining yourself.

 

After 6-8 years it is possible to obtain the German nationality.

 

Regards.

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