My (non-eu) Girlfriend got her Work Permit rejected because it says thay her salary are not paid well enough/ not in a Tariflohn. I never see this exact excuse before because I did the same procedure couple years back and not even in a Taiflohn and still get the work permits.
Any advice?
Email pictures from the ABH included
https://i.redd.it/qnpissagfw1h1.jpeg
Posted by YpmoY
31 Comments
Don’t work for an employer who’s just trying to wage dump. It seems like since the past year or two they’re finally getting stricter about this.
They’ve really started cracking down on wage dumping lately.
I hope you don’t need to renew your visa anytime soon or you may run into problems, too, unless your employer has started paying you the prevailing wage in the interim.
What was she offered?
Her prospective employer needs to raise the wage or she needs to find a different job that pays according to market.
Wage dumping is not in the interest of society.
It doesnt say that you need a job with Tariflohn it says the job has to pay equal to a German working in that industry and location. So the advice is either talk to the potential employer that they need to increase pay and vacation days to the number listed or find another job.
the only way out of this is to get an offer that makes the amount that the ABH requires for this profession/experience level
finding a job that’s not abusing you would be a start
Even though you may think ABH is making an
>excuse
They are actually protecting your girlfriend by not letting some shady employer taking advantage by paying her a lower than average wage.
The system works as intended. Germany does not like to give visas for people who want to untercut wages.
I heard about this five years ago when I entered Germany on a job‑seeking visa, so it’s nothing new.
I’m not sure what salary range your girlfriend should be getting, but if the offer is significantly below the average salary for her position, the ABH may reject it.
My advice is to ask the Arbeitgeber to increase her salary to the normal range. If he refuses, it’s probably a big red flag and she should think twice about working there.
Talk with the employer to consider increasing the wage asap.
It’s not an excuse but a reason stipulated by law.
Brutto oder netto??????
Oh, I had this!
So essentially, there are two reasons for it:
1. The company’s set salary is below what you’d get for the same position in public sector
2. The company’s set salary is below what they are supposed to get taking into account their education (this was my case. I had an offer for 9a with Bachelor’s, but Bachelor’s means you need to be at least in 9b).
What they are trying to do, is to protect your fiancé from being exploited and earn at the same level with the Germans. I know, it sounds good but in reality, you just want a permit and want to work.
What to do?
Direct solution is to go to the company and tell them about the situation. Best case scenario, they offer better payment. Worst case scenario – they won’t.
What needs to be taken into account?
Your finance’s education level (and whether it’s acknowledged in Germany). Different education levels have different pay rates according to salaries tariff (Tarifvertrag). This is what Ausländerbehorde when making the decision.
In my case, it wasn’t possible to raise the salary because it was public office I wanted to work for with set salaries. In the end, I got Fiktionsbescheinigung to find another job.
*Edit: typos
She would work in an industry with tariff wages. The employer has to pay this minimum tariff wage.
Not every industry has a tariff
[deleted]
Ask your non eu girlfriend to ask her employer to pay her a reasonable wage or ask her to get a different job that pays a reasonable wage
Although I sympathise with your girl friend since I know how hard is it to get a job nowadays but I am also happy that ABH is super strict about wage now. Otherwise people would start working for peanuts and bring the whole market down in an already employer friendly market
They’re cracking down on this for various reasons. A) To fight wage dumping especially from German employers to bullshit foreign workers about the wages paid to Germans.
B) To fight illegal immigration and scamming the welfare state. Where basically fake firms pay too little wages to “desired workers” who actually do not work, but get payed (only) on paper and go to the Arbeitsamt/Jobcenter to get social security payments (“Aufstockung”) because theirr cost of living is too high compared to salary. In case of B) the people don’t actually work in Germany at all but everything only exists on paper to scam the German welfare state. And “employee” and “employer” share the social security payments and other social payments like Kindergeld. As this has become a more rising issue (always has been there, but the industrialized scale of this was something the local politicians did not want to have pinned as their fault) the Arbeitsamt starts to actually check and enforce those rules more strictly.
That’s why we can’t have nice things.
Good for your spouse: Send this to the employer and they should in theory raise the wages.
I had exactly this case. I had to talk to the Amt and tell them that they can not compare a salary in Munich with a salary in a small town in Brandenburg and dig up the “Vergleichslohn”. And the Lady thought that a laboratory technican (in a microbiological laboratory) is the same as a biologist.
Just wondering, how much salary was the company offering?
Any info she needs is in the email: either go to the employer and ask for the right salary or find a different one that pays her accordingly
My visa was rejected for this very reason 10 years ago. Luckily the company who hired me at the time was willing to bump up the salary accordingly.
My friend had the same situation, and asked the employer to raise his salary to the threshold accepted by the Agentur für Arbeit
So her offer was less than 2800€? That’s the starting wage of our finished apprentices. This is extremely low. What did they offer her?
The thing is I got a same work field as her and I also got paid less than 2800€ brutto when I just finished my Ausbildung on the same city and they don’t rejecting my work permits.
Yeah I had this happen to me, I was possed off but overall I’m glad. I just wanted a job so I could stay here, knew the gig was underpaying me and too little holidays. But I managed to now get a job that’s 1k more a month, double the holidays and plenty of perks.
Be thankful they also don’t want you to be taken advantage of
I had this last month, my salary was 200€ less than needed. My employer bumped it up and that was it. In the future, you have to look up for the salary stated on their website – Entgeltatlas. It’s linked to a profession and a region, and it’s the best to tell straight on the interview that you can’t go any lower than that.
I am having the same problem as OP, but I am being paid by the TV-L exactly as my colleagues. Does someone knows what to do in that case? The difference is just 9€, but it cannot be changed as the TV-L is already the collective agreement, I cannot be payed more than that as I understand
There is no way around it, at least I know a couple of people who had this problem and they had to look for another job.
Be grateful that the government protected you from an exploitative employer
Go to her employer and show him the letter. That’s the strongest possible proof, that she is seriously underpaid. Either she gets a raise or she needs to find another job. If you need to look for another job you can probably extend the deadline if you contact the Arbeitsagentur early, explain the situation and show that you are working on it.