Switch job from Belgium to Germany for Non-EU citizen

Hi,

I am an Indian citizen, currently working in Belgium on long term Work Permit. Currently my RP (single permit i.e. Work Authorization + Residence Permit) is valid till end of 2020.

Right now I have got an offer from another employer in Germany. If I quit my current employer (who had processed my current work authorization) then they will ask me to travel back to India and then they will cancel my Belgian work authorization. In this case, even if my new German employer might have applied for new work authorization but I will not have it before I travel back to India. With respect to this situation, can you please help with the following?
1. Will my Belgian WP be adjusted to have a new employer from Germany? Or will it be fresh German WP application (as if I am applying from India)?
2. If I am not in Europe and my German employer processes my work authorization, then once that new work authorization is approved then do I need to again go through the visa stamping process in India? Or with my existing Belgian RP I will be able to travel back to Belgium and then move to Germany for applying RP in Germany?
3. As I will be in India till the time I start with new employer and also there is a change in country (from Belgium to Germany), hence will my stay period in Belgium be considered during my Permanent Residence processing in Germany at the end of 5 years?

Thanks,
RJ

1. It will be a fresh German WP.
2. Yes, you have to apply for a fresh long-term visa to Germany.
3. Your stay in Belgium will not be considered for your eligibility for PR in Germany.

Why would you need to go back in India?

Which ID card do you have? If you've the D one, it's way easier for you to move and settle elsewhere in Europe.
No matter what, try to do everything from within Europe and try to avoid going back to India as you'll lose a LOT of time...

Hi Alex,

As I was hired by my current employer in India and have been deputed to Belgium on long term assignment (WP type B), hence to complete the exit formalities I need to go to India.

With respect to this situation - Now my new German employer will file for my German WP and I will continue in Belgium till the time the German WP is approved by the German authority. Once approved, I need to travel to India for completing my exit formalities with my current employer. After that when I travel back to join my new German employer, do I need to go through the lengthy German Visa stamping process in India? Or can I travel back based on current RP & new WP?

Also, despite Belgium being within Schengen country will my stay period in Belgium not be considered for German PR processing down the line? Or it will start afresh from the time I start in Germany?

Thanks,
RJ

Hi Alex,

As I was hired by my current employer in India and have been deputed to Belgium on long term assignment (WP type B), hence to complete the exit formalities I need to go to India.

With respect to this situation - Now my new German employer will file for my German WP and I will continue in Belgium till the time the German WP is approved by the German authority. Once approved, I need to travel to India for completing my exit formalities with my current employer. After that when I travel back to join my new German employer, do I need to go through the lengthy German Visa stamping process in India? Or can I travel back based on current RP & new WP?

Also, despite Belgium being within Schengen country will my stay period in Belgium not be considered for German PR processing down the line? Or it will start afresh from the time I start in Germany?

Thanks,
RJ

Hi Aneesh,

Despite Belgium being within Schengen country will my stay period in Belgium not be considered for German PR processing down the line? Or it will start afresh from the time I start in Germany?

Thanks,
RJ

Which ID card do you have? A, C or D?

Again, why do you want to go back in India... you can do everything from your current country of residence ==> visa and work permit request at the embassy of Germany in Brussels... and you get all the official required paper from your commune and Indian Embassy in Brussels...


As long as your resident permit is valid and you don't receive a formal order to leave the country within 30 days from the Belgian immigration, there's absolutely no point to go back in India...
You can handle everything by scan, email & phone call with your employer...
You'd just lose time and money with flight tickets...

The German Embassy is the only one to tell you if you can handle the process without a visa, as you're currently living legally in Belgium.
But everything will be easier if you've a Belgian D card (permanent resident), less paper work and faster process.


Belgium period will not be taken into account in Germany and you'll start from day 0.
Through, you'll get your permanent residentship after 4 years of work

Hi Alex,

Once again, thanks for your prompt response.

I residence (or single) permit type is "A".

With respect to India travel - I am going to be in Belgium till the German WP for new employer is processed. But post that when I resign from my current employer to join the new employer in Germany, that is where the challenge is happening. Because if I directly go to Germany from Belgium, then also will there be a German visa stamping on my passport? If so, then I can enter into Germany from anywhere on the basis of the stamped visa and then apply for German Residence Permit (once I am there). If during this process no visa stamping is done and my current employer forces me to go to India to complete the exit process, then without German visa stamping I will not be able to enter into Germany.

Thus, I am trying to understand the end-to-end process so that down the line I do not get into an immigration deadlock situation.

So, basically the main question becomes - Staying in Belgium if I process German WP, then will that include a German visa stamping with which I can enter into Germany from anywhere (irrespective whether I am going to Germany directly from Belgium or coming from India)?

Thanks,
RJ

hummm I'm no expert in German immigration at all, I don't really know well their laws.
Please, remember that only short stay visa C is common between all Schengen States. Immigration is only foreseen by the State itself with its own rules - which are often similar!

I only know pretty well Belgium, France and Vietnam immigration rules...
So, maybe you can probably post your query on the German forum for some support about your specific case, as you're already in Europe.

But, I would advise you to contact the German Embassy in Brussels, they'll provide you with exact information regarding the process, and that's what you need. (please give a feedback on this topic when you know more, for my own personal interest :lol: )


Just keep in mind that, if you continue working in Belgium and switch in Germany when everything is ready, you should have no LEGAL obligation to leave Europe to come back in Germany ==> Legal stay in Belgium, then moving to a Legal stay in Germany.

It's a question of timing!
As long as your right to stay in Belgium doesn't expire (resident/work permit still valid + no formal order to leave the country within 30 days from Belgian Immigration), you're FREE to cross the border of any Schengen States for a period up to 90 days with your "A" card (if not expired/canceled) + passport, without any immigration check as they're no border (car / flight / train / ...).
And so, to switch to Germany!


To me:
If Germany needs to add a visa D into your passport, it should ONLY be for their commune to  grant your foreigner ID card / resident permit when you arrive!
If Germany doesn't need to add a visa D into your passport, you'll have to go to the commune (crossing the border with your VALID "A" card) and start the "process" to get / to receive the foreigner ID card / resident permit once you've arrived (with the papers that the German Embassy will provide to you after your request has been approved).


So, to me, you absolutely don't care if there's no stamp on your visa...
But again, contact the German Embassy to make sure :cheers:

Hi Alex,

Thanks a zillion for your prompt and detailed response. I greatly appreciate your such a nice gesture and professionalism. While I am going to check on German forum or with German embassy; but your pointers would definitely be great help.

Thanks again,
RJ

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