Aufenthaltskarte (EU Family Member) *not* a work permit?!

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Aufenthaltskarte (EU Family Member) *not* a work permit?!


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Old 9th September 2019, 04:10 PM
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Default Aufenthaltskarte (EU Family Member) *not* a work permit?!

Myself (US citizen) and my husband (Polish citizen) moved from the UK to Germany end of 2016. I got an Aufenthaltskarte on the basis of being a family member of an EU citizen, started working here in Germany. All was good. I am now changing jobs and my new employer tells me that my Aufenthaltskarte is *not*, in fact, a work visa and it needs to specifically say something about my "Erwerbstätigkeit" on the document. The HR woman says she was told this by the Bundesamt für Arbeit after sending them a copy of my Aufenthaltskarte. However I called the EU commission and was told that my Aufenthaltskarte grants me the same rights as an EU citizen and I don't need an additional work visa. Other websites I have found seem to tell me the same. New employer still says I'll need to go to the Ausländerbehörde with my signed job contract and get some written proof that I can work here. Am I crazy and misinformed or are they?

The one catch - when my husband and I moved from the UK we initially were still working our UK jobs. He was not yet employed in Germany when I got my Aufenthaltskarte. So I'm not 100% sure that I might have *not* checked some box on the form that may have said "you will be looking for work here in Germany".

My previous employer (nor the guys taking my tax money!) never seemed to have any such problems with this!

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Old 9th September 2019, 06:32 PM
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Originally Posted by Lil_M View Post
Myself (US citizen) and my husband (Polish citizen) moved from the UK to Germany end of 2016. I got an Aufenthaltskarte on the basis of being a family member of an EU citizen, started working here in Germany. All was good. I am now changing jobs and my new employer tells me that my Aufenthaltskarte is *not*, in fact, a work visa and it needs to specifically say something about my "Erwerbstätigkeit" on the document. The HR woman says she was told this by the Bundesamt für Arbeit after sending them a copy of my Aufenthaltskarte. However I called the EU commission and was told that my Aufenthaltskarte grants me the same rights as an EU citizen and I don't need an additional work visa. Other websites I have found seem to tell me the same. New employer still says I'll need to go to the Ausländerbehörde with my signed job contract and get some written proof that I can work here. Am I crazy and misinformed or are they?

The one catch - when my husband and I moved from the UK we initially were still working our UK jobs. He was not yet employed in Germany when I got my Aufenthaltskarte. So I'm not 100% sure that I might have *not* checked some box on the form that may have said "you will be looking for work here in Germany".

My previous employer (nor the guys taking my tax money!) never seemed to have any such problems with this!
Mysterious.

Residence cards issued under EU law are neither visas nor work permits. They are documentary proof of existing rights (that you have because your husband is exercising treaty rights) which include unrestricted access to the job market:

"The residence card is generally issued for 5 years. It certifies the right of entry and residence. Any gainful employment (employment or self-employment) is therefore permitted."

Source:

https://service.berlin.de/dienstleistung/324282/en/


What does your residence card say under "Anmerkungen"? It should look something like this:

5 Abs. 1 FREIZÜGG/EU
Erwerbstätigkeit gestattet
PASS-Nr. XXXXXXXX
Gültig bis XX-XX-XXXX

If it doesn't, you might want to go back to the Ausländerbehörde in any case and have this checked/corrected.

Did you receive any letter along with your residence card? Is it valid for 5 years?

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Old 10th September 2019, 04:26 AM
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I've got the green paper version, not an actual card. I did not get any accompanying document with it and it doesn't have any area for "Anmerkungen". I think the "Erwerbstätigkeit gestattet" is exactly what the HR woman wants to see on there, but there are no such comments on my green paper.

"The residence card is generally issued for 5 years. It certifies the right of entry and residence. Any gainful employment (employment or self-employment) is therefore permitted." - I pointed the HR woman directly to that on the Berlin website, and she said she discussed this with Bundesamt but they still seemed to tell her I need something about "Erwerbstätigkeit" on my Aufenthaltskarte.

Up bright and early today to try to clear things with the Ausländerbehörde...

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Old 10th September 2019, 07:28 AM
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Update: Of course I'm right (we're right) and they're mistaken. The nice woman at the Ausländerbehörde told me "Of course that's valid for working here! The Aufenthaltskarte as family member of an EU citizen is practically the best document you can get! As soon as you married him you gained the rights to work here, you don't even *technically* need that paper."

No, it doesn't specifically say "Erwerbstätigkeit gestattet", but she highlighted the line that IS on the document about "11 Abs. 1 Satz 6 FreizügG/EU i.V.m 78a Abs. 1 AufenthG" on a copy she made, stapling it to a nice written confirmation complete with many stamps, saying basically "of course she can work here".

Scarily enough, when I did call the Bundesagentur für Arbeit myself yesterday to ask, and that guy told me the same that my employer-to-be heard "If it doesn't say 'Erwerbstätigkeit gestattet' it's not valid for working here" I *did* ask him "no, but it says "paragraph 11 Abs. 1 Satz 6... is that something?" and he told me "no, that's nothing, that's not it, not what you need".

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Old 10th September 2019, 03:24 PM
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I love reading any report that includes the line "The nice woman at the Ausländerbehörde". Oh how times have changed!

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Old 10th September 2019, 05:27 PM
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I love reading any report that includes the line "The nice woman at the Ausländerbehörde". Oh how times have changed!
I heard that things got a lot more relaxed since they split the authority over two locations.

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Old 10th September 2019, 05:29 PM
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Quote:
Originally Posted by Lil_M View Post

Scarily enough, when I did call the Bundesagentur für Arbeit myself yesterday to ask, and that guy told me the same that my employer-to-be heard "If it doesn't say 'Erwerbstätigkeit gestattet' it's not valid for working here" I *did* ask him "no, but it says "paragraph 11 Abs. 1 Satz 6... is that something?" and he told me "no, that's nothing, that's not it, not what you need".
Wow - the only explanation I could possibly come up with is that they are not really trained in EU law as EU nationals (and their family members) don't really concern them...

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Old 10th September 2019, 06:22 PM
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Quote:
Originally Posted by Lil_M View Post
I've got the green paper version, not an actual card.
I thought those were only given out until September 2011?!

Possibly another reason why people are unfamiliar with it?

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