Getting Work Permit

Member since 13 August 2018

btlcvsMember13 August 2018 08:37:44

Hi,

I am from turkey. I just had applied to work permit for the living in Berlin and got the job offer, also got the contract but my work permit is rejected. In addition, work permit rejected because of the "ES wurde festgestelt, dass in Ihrem FAll die Voraussetzungen de 18 iVm 39(2( AufenthG nicht vorliegen".

Can any one know this rejection reason?

thank you.

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TominStuttgart Germany Expert

Member since 19 March 2012

TominStuttgartGermany Expert13 August 2018 09:43:34

2793

I will post below the link to the German laws that are quoted. Sections 18 and 39 specify which foreigners can get a work permit. This is all in German and quite complex. From my understanding, one must be qualified and it has to be shown that the employer cannot find a German or EU worker to fulfill the job before offering it to a non-EU person not already residing in Germany. This is the responsibility of the employer and they haven't provided the documentation to prove the need.

The question then becomes if they actually tried to find a qualified EU person - or possibly thought they could simply hire someone from elsewhere cheaper. Is it worth it for the company to do the paper work?

The reality is that the EU protects its job market. It’s not allowed to recruit non-EU people from abroad just to save money. It is only allowed when they have special skills that are in short supply.

https://www3.arbeitsagentur.de/web/wcm/ … TBAI378550