- I started my first job on the 1st of September with a D-visa (issued for a year), issued based on paragraph 18.1 entitled to be changed to a blue card.
- I was fired in the 6th month of my probation period. I let the LEA know immediately, but I have not received any message from them yet.
- Recently, I received a new Job Offer that meets all blue card requirements. However, to start working, I need to change the employer in my visa.
There is a special application form for this in LEA (https://service.berlin.de/dienstleistung/326856/en/), but it does not work for me, since I do not have plastic yet (to receive plastic, you can apply only within the last 8 weeks of your current period, which is the end of June in my case).
I submitted an emergency application to LEA, but I did not receive any answer.
I asked a lawyer for help and he applied me to plastic card bypassing the eight-week end requirement for a Blue Card.
However, I need to get a termin with the LEA in order to start working, which seems impossible.
I tried the emergency and ordinary forms and even attached a letter from my employer stating that I would lose my job offer if I did not provide updated documents within two weeks.
Does anyone have any advice on what to do in this situation?
P.S. I read the 18th paragraph (https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0495) and found this:
“In derogation from section 4a (3) sentence 4, a holder of an EU Blue Card does not need the permission of the foreigners authority to change jobs*. During the first 12 months of employment, the competent foreigners authority may suspend all job changes by a holder of an EU Blue Card for 30 days and refuse job changes within this period if, following the job change, the requirements for granting an EU Blue Card are no longer met.”*
So, if I received a permit under sections 18.1 or 18.2, I just need to confirm that I have notified the LEA about my new job and that I can start working? Is it even legal to write in the visa that I cannot change employers?
I sent this info to the company, but they are still refusing to let me start the job, even after the 30 days since the LEA notification.