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Dear Team,

My friend  has Italy work permit. Not Permanent residence.

He came to Germany for visit. 3 months ago.

Then he found  Receptionist job which is around  30000 euro per year. Once he signed the contract company has submitted his documents for approval from Auslanderbehörde. As per auslanderbehörde until he get approval he can start working. Then he rented his own apartment.

City registration done.

Bank account opened.

AOK health insurance done.

Tax number also came.

Already 3 months worked and social contributions also done. Recently his visa processing agent  said visa will be rejected because  he is having work permit.

Because he already  csme so far having genuine work amd work contract is there anyway he can het approval?

1. Should he wait till black and white rejection from Auslanderbehörde?

2. Incase of rejection can he appl5job seeking visa from Italy embessy?

3. What if he find another job contact which is blue card level.

4. Is there any chance for him from Chsncen karte in june. He is having valid Italian work permit. He is learning German too.
asked Mar 28 in Work by Coop | 491 views

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Hi @Coop

You wrote the following: As per auslanderbehörde until he get approval he can start working.

You also write that he has been working for the past three months.

I understand this to mean that he was given approval to work before his application was processed. Is this the case and in what way was this communicated? Was he issued with a paper called a ‘Fiktionsbescheinigung’ with something on it like ‘Beschäftigung gestattet/ erlaubt’?

If so, it would be highly unusual. I am only aware of it applying in the case of Ukrainians applying for temporary protection here and who are given the right to work already when issued with their Fiktionsbescheinigung.

He can only be issued a work permit for qualified work. Does he have a qualification and is the job one that requires a qualification (at least two years Ausbildung training or study) in Germany?

To answer your specific questions:

1. Should he wait till black and white rejection from Auslanderbehörde?
He can wait or withdraw his application. I do not uderstand what is meant by 'his visa will be rejected because he has a work permit'.

2. Incase of rejection can he appl5job seeking visa from Italy embessy?
Yes, he can apply at the embassy. Here is all the information about the documents he needs:

https://italien.diplo.de/it-de/service/visa-aktuell/-/2582732


3. What if he find another job contact which is blue card level.

The job has to be one that requires a qualification. It does not make a difference if it at Blue Card level.


4. Is there any chance for him from Chsncen karte in june. He is having valid Italian work permit. He is learning German too.

He may be entitled to a Chancenkarte if he has enough points. This article gives a good overview of how it works (in English via online translation):

https://***-ra--maibaum-de.translate.goog/chancenkarte/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Best,

Éanna

answered Apr 19 by mbeon-Éanna
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