Switching job from Belgium to Germany - Non EU citizen

Hi,

I am an Indian citizen, currently working in Belgium on long term Work Permit. Currently my RP of type "A" (single 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 to complete my exit formalities and then they will cancel my Belgian work authorization. In this case, I am going to stay in Belgium till the time my new German employer applies for German work authorization and finally the approval for German WP comes. With respect to this situation, can you please help with the following?
1. As part of WP processing, will I get German work visa stamped on my passport when I am in Belgium?
2. If not, then do I need to get German work visa stamped in India when I return back to Germany to join my new employer (Note - resignation & exit from my current employer can only happen in India)?
3. To get my German residence permit processed when I reach Germany, do I need to have German work visa stamped on my passport? Or will the Belgium residence permit be enough for them to process German residence permit?

Thanks,
RJ

The thread is a continuation of https://www.expat.com/forum/viewtopic.p … 37#4778726  in Belgium forum.

OP seeks suggestion from German forum members.

Once you find a job in Germany, you can apply for a work visa at the German embassy nearest to you. After approval, they will paste it into your passport (no stamp). With that, you can move to Germany and apply for the residence permit at the foreigner office near your new residence.
A Belgian work permit does not allow you to live, work or apply for a residence permit in Germany.

Hi,

The sticker that will be put in my passport, with that can I enter into Germany if I am coming from India? Or with that sticker I have to travel to Germany from within Europe?

Asking this because post German document processing for my new employer in Germany when I resign from my current employer I need to first travel to India (from Belgium) to complete my exit formalities. Once that is done (as it might take some weeks), I will travel to Germany to join my new employer.

Thanks,
RJ

As far as I know, such visa are multiple-entry and also allow to travel within the Schengen zone.
But to be absolutely certain, you should confirm this with the visa-issuing authority!

Like Beppi mentioned, you should verify with the visa issuing authorities. But it doesn’t sound right that you would have to return to India at all. If I understand correctly you still have a valid permission to live and work in Belgium. This will end if you take another job and leave the country. But I see no reason why you couldn’t go directly to Germany to start the new job once you have the work visa. One usually applies for a visa from the country they are residing in; they don’t need to return to their home country. I think there is some confusion about this “exit formality”. The thing is that Schengen has open borders so you would not normally get controlled or your passport stamped going from Belgium to Germany. But I would think you can stop at the border and have it done in this case if you explain the situation. Otherwise, register immediately upon arrival in Germany so that you have something official to show you did not overstay in Belgium.

Thanks a lot.

Hi Tomin,

Let me try to clarify the confusion. I have full legal right via my valid Belgian single permit (Work + Residence permit) to stay in Belgium till end of 2020. So, I can freely enter any time in Belgium within this validity period.

But my current employer being an Indian employer and as I was hired in India, hence to sign the exit documents and get my experience certificate from current employer I have to go back to India as soon as I resign.

Although I would be resigning once all documentations are approved for my new German employer and till that time I will be in Belgium only, but post that I need to officially resign from my current employer. As explained above, as soon as I put down my papers in my current organization, I will be asked to travel back to India where I joined and transition of all my responsibilities & sign the exit documents in person in India. Now all these exit processes will take few weeks in India. Post this when I will travel to Germany to join my new employer, that is where actually my question was about.

As it is travel from India, can I directly get into Germany (as my port of entry) with the German work authorization & passport sticker? Or do I need to go through the German visa stamping process in India based on German work authorization & passport sticker?

Thanks,
RJ

We have answered your queries regarding the visa situation.
Whatever arrangements you have with your employer (or Indian rules) has no influence on this.
With a valig German visa, you can enter Germany by all legal means.

Like Beppi says, what you explain has to do with company procedures and/or Indian regulations and not the legalities of getting the work permit for Germany. I would strongly suggest you do the paperwork and apply for the work permit while in Belgium. If you do it from India then you will not have had an ongoing residence there and who knows how long it might take. But one would expect that you can get confirmation of the German job and thus the work permit while in Belgium although you contract to start a bit later after you have had time to settle things in India.

Thanks beppi & Tomin.

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