HỎI ĐÁP THÔNG TIN(Thành viên mới nên đọc mục lục trang 1 trước khi post bài)

Được kuestenkicker sửa chữa / chuyển vào 20:12 ngày 22/07/2004

Được kuestenkicker sửa chữa / chuyển vào 20:12 ngày 22/07/2004

http://www.daadvn.org/
Thử dzô đây mà coi ....không biết có thông tin gì về học bổng không.....

http://www.daadvn.org/
Thử dzô đây mà coi ....không biết có thông tin gì về học bổng không.....

Notice
on Work Permit Regulations
for Foreign Students, Academics and Scientists
from non-EU and non-EEA Countries
1. IN PRINCIPLE
Foreigners may only take up employment if they hold a permit issued by the
employment office (Arbeitsamt) (Đ 284 Abs.1 SGB III). The employment office may
only issue a work permit if the foreigner holds a residence permit issued in
accordance with Đ 5 AuslG. Foreign students, academics and scientists from non-EU
and non-EEA countries are given permission to reside in Germany in the form of an
Aufenthaltsbewilligung (ĐĐ 5 Nr. 3, 28, 29, AuslG).
Citizens from EU countries, from EEA countries and from Switzerland enjoy special
status under Community Law and the right to free movement, including for
employment purposes. The following sections therefore apply exclusively to
foreigners who are not citizens of the European Union or of an EAA country.
2. WORK-PERMIT-FREE EMPLOYMENT
.. Teaching staff, academic and research staff, and assistants working in
higher education, research institutions, etc.
In accordance with Đ9 Nr.8 ArGV (Regulation on Work Permits for Foreign
Employees) the employment of teaching staff, academic and research staff, and
assistants working in higher education or of research staff working in publicsector
research organisations or research institutions whose financial resources
are exclusively or largely provided from public funds, or at private research
institutions, if there is also a public interest in the employment of the foreign
staff member due to his/her special expertise and knowledge does not require a
work permit (work-permit-free employment).
.. Students and pupils working at universities, colleges and Fachhochschule
universities of applied sciences in Germany
Foreign students and pupils working at universities, colleges an
Fachhochschule universities of applied sciences in Germany may take on
temporary employment if this employment does not exceed three months per
year (Đ 9 Nr.9 ArGV). This work-permit-free employment, which must not
exceed 90 days in total, is also to be permitted outside of the non-semester
(vacation) period (Ziff. 28.5.3.1 AuslG-VwV).
2
It is possible to split the 90 day total into work days or work periods. However, it
should be noted that the current legislation specifies that a working day consisting of
only four hours or even less is also to be counted as a full day under this regulation.
This means that part-time work is also limited to 90 days per year.
Student employees and their employers are responsible for ensuring that the 90 day
rule is not exceeded by checking the work-permit-free employment times which have
already been used by an individual in the course of the current calendar year.
.. Students attending a Studienkolleg (preparatory course) or a preparatory
language course
It is not permitted to take up employment during a preparatory language course.
Students attending a Studienkolleg (preparatory course) can be permitted to
take up temporary employment during the semester breaks (vacations) (9 Nr.9
ArGV, Ziff.28.5.3.3 AuslG-VwV).
It is prohibited to take up employment at times outside of vacations.
This is documented by an appropriate entry in the passport.
.. Practical trainees/interns
Students from foreign universities or colleges also do not require a work permit
to complete a period of practical training, work experience or an internship
lasting up to six months if that work has a direct and content-related connection
to the trainee''s/intern''s studies and is completed within the framework of an
international exchange programme agreed between student education and
comparable institutions and has been agreed with the Central Employment
Agency (Zentralstelle fẳr Arbeitsvermittlung - ZAV) of the Federal Employment
Office (Bundesanstalt fẳr Arbeit) (Đ 9 Nr. 15 ArGV). Neither is a work permit
required for persons completing temporary practical training/work
experience/internships within the framework of a programme financed by the
European Union, if the work has been agreed with the ZAV (Đ 9 Nr.17 ArGV).
Other work-permit-free employment (90 day rule) outside of such practical
training/work experience/internships is not permitted.
Spouses of foreign scientists, academics and students whose residence can be
approved under the stipulations of Đ 29 AuslG (Underlying principle for Art. 6,
Creation and Maintenance of the Family Unit) are not allowed to take up work-permitfree
employment.
3
3. EMPLOYMENT REQUIRING A WORK PERMIT
Any employment which exceeds the 90 days per year rule requires, on the one hand,
Approval by the Aliens'' Registration Authority (AuslÔnderbehảrde) (extension of
visa con***ions entered into the passport) and, on the other, Permission from the
Employment Office.
Approval by the Aliens'' Registration Authority:
.. for student casual or temporary work in higher education or at another
academic, scientific of research institution
A period of employment extending beyond the 90 day limit can only be
approved as part-time employment if this does not change the study-only
residence purpose and if the fulfilment of that purpose is not substantially
obstructed or delayed (Đ 28 Abs.2 S.2 AuslG, Ziff. 28.5.3.2 AuslG-VwV).
Therefore, and without prejudice to work-permit related legislation and
regulations, any longer-term employment can only be considered in exceptional
circumstances, for example, temporary employment of the student at a
university, college or other scientific, academic or research institution
(Ziff.28.5.3.2).
.. in the event of a financial emergency (need)
Approval for longer-term employment may also be considered if the student is
experiencing a financial emergency (need) which has not been caused by
himself/herself or his/her relatives and if the studies, under consideration of the
particular difficulties which foreigners may experience when studying, have so
far been purposefully and specifically pursued and if the university or college
confirms that it may be assumed that the student will successfully complete
his/her studies (Ziff.28.5.3.4).
Permission by the Employment Office:
.. no negative effect on the labour market; Priority rule
According to Đ 285 Abs.1 SGB III a work permit may be issued if
1. the employment of foreigners has no negative effects on the labour market (õ?Ư)
and
2. German employees or foreigners who have the same legal status as these
regarding the right to take up employment are not available for the position in
question (priority rule).
4
In view of the current unfavourable labour market con***ions, applications for a work
permit only have little prospect of success.
The employment office (Arbeitsamt) is obliged to observe the priority rule, which
means that a work permit can only be issued for a specific position if no suitable
German applicant or applicant from an EU or EEA country with equal legal status to a
German is available for the position in question.
.. Hardship clause
In derogation of this regulation, a work permit may be issued - despite the fact that
the labour market is unfavourable and that other employees have priority - if the
refusal to do so would constitute particular hardship under consideration of the
particular con***ions of the individual case (HÔrtefallregelung Đ 1 Abs.2 ArGV; ĐĐ 285
Abs.2, 288 Abs.1 Nr.2 SGB III).
According to the hardship clause, foreigners may be allowed to take up employment
for particular social reasons, although this may contradict the priority rule. To assess
a case of hardship, the decisive guiding principle in times of long-term high
unemployment is that the persons to whom the hardship clause applies would be and
would remain dependent on state welfare if they did not receive a work permit on
grounds of hardship, a fact which cannot be reconciled with the obligation to protect
human dignity/rights, if the foreigner cannot reasonably be expected to return to
his/her own country in the foreseeable future or if this is not possible. This exemption
cannot generally be applied to students, since a student is only temporarily resident
in Germany for the express purpose of studying.
.. Public interest in employing foreign academics, scientists and experts
According to Đ 5 Nr.1 ASAV (Regulation on the exemption ruling on issuing
work permits to newly-arriving foreign employees / Recruitment stop exceptional
provision - ASAV) scientists and academics may be issued with a work permit
for employment in teaching and research on account of their specialist skills,
expertise and knowledge. This also applies to experts who hold a university or
college or equivalent qualification.
In both cases there must be a public interest in the employment of that person on
account of his/her particular skills, expertise and knowledge. This is also a
discretionary decision. This particular public interest may be affirmed and established
when the general public''s interests supporting and confirming the decision to employ
the foreigner outweigh other considerations. This balance of interests must also, inter
alia, take account of labour market con***ions and the priority rule.
5
Errors of judgement by the authorities in the use of these discretionary powers may
be appealed at court, although the administrative court is only permitted to review the
lawfulness of the decision (the administrative act) and not the expediency of that
decision. The appeal court must take into consideration the authority''s margin of
discretion and must, in particular, not exercise any discretionary powers of its own.
Version: 10.10.2002

Notice
on Work Permit Regulations
for Foreign Students, Academics and Scientists
from non-EU and non-EEA Countries
1. IN PRINCIPLE
Foreigners may only take up employment if they hold a permit issued by the
employment office (Arbeitsamt) (Đ 284 Abs.1 SGB III). The employment office may
only issue a work permit if the foreigner holds a residence permit issued in
accordance with Đ 5 AuslG. Foreign students, academics and scientists from non-EU
and non-EEA countries are given permission to reside in Germany in the form of an
Aufenthaltsbewilligung (ĐĐ 5 Nr. 3, 28, 29, AuslG).
Citizens from EU countries, from EEA countries and from Switzerland enjoy special
status under Community Law and the right to free movement, including for
employment purposes. The following sections therefore apply exclusively to
foreigners who are not citizens of the European Union or of an EAA country.
2. WORK-PERMIT-FREE EMPLOYMENT
.. Teaching staff, academic and research staff, and assistants working in
higher education, research institutions, etc.
In accordance with Đ9 Nr.8 ArGV (Regulation on Work Permits for Foreign
Employees) the employment of teaching staff, academic and research staff, and
assistants working in higher education or of research staff working in publicsector
research organisations or research institutions whose financial resources
are exclusively or largely provided from public funds, or at private research
institutions, if there is also a public interest in the employment of the foreign
staff member due to his/her special expertise and knowledge does not require a
work permit (work-permit-free employment).
.. Students and pupils working at universities, colleges and Fachhochschule
universities of applied sciences in Germany
Foreign students and pupils working at universities, colleges an
Fachhochschule universities of applied sciences in Germany may take on
temporary employment if this employment does not exceed three months per
year (Đ 9 Nr.9 ArGV). This work-permit-free employment, which must not
exceed 90 days in total, is also to be permitted outside of the non-semester
(vacation) period (Ziff. 28.5.3.1 AuslG-VwV).
2
It is possible to split the 90 day total into work days or work periods. However, it
should be noted that the current legislation specifies that a working day consisting of
only four hours or even less is also to be counted as a full day under this regulation.
This means that part-time work is also limited to 90 days per year.
Student employees and their employers are responsible for ensuring that the 90 day
rule is not exceeded by checking the work-permit-free employment times which have
already been used by an individual in the course of the current calendar year.
.. Students attending a Studienkolleg (preparatory course) or a preparatory
language course
It is not permitted to take up employment during a preparatory language course.
Students attending a Studienkolleg (preparatory course) can be permitted to
take up temporary employment during the semester breaks (vacations) (9 Nr.9
ArGV, Ziff.28.5.3.3 AuslG-VwV).
It is prohibited to take up employment at times outside of vacations.
This is documented by an appropriate entry in the passport.
.. Practical trainees/interns
Students from foreign universities or colleges also do not require a work permit
to complete a period of practical training, work experience or an internship
lasting up to six months if that work has a direct and content-related connection
to the trainee''s/intern''s studies and is completed within the framework of an
international exchange programme agreed between student education and
comparable institutions and has been agreed with the Central Employment
Agency (Zentralstelle fẳr Arbeitsvermittlung - ZAV) of the Federal Employment
Office (Bundesanstalt fẳr Arbeit) (Đ 9 Nr. 15 ArGV). Neither is a work permit
required for persons completing temporary practical training/work
experience/internships within the framework of a programme financed by the
European Union, if the work has been agreed with the ZAV (Đ 9 Nr.17 ArGV).
Other work-permit-free employment (90 day rule) outside of such practical
training/work experience/internships is not permitted.
Spouses of foreign scientists, academics and students whose residence can be
approved under the stipulations of Đ 29 AuslG (Underlying principle for Art. 6,
Creation and Maintenance of the Family Unit) are not allowed to take up work-permitfree
employment.
3
3. EMPLOYMENT REQUIRING A WORK PERMIT
Any employment which exceeds the 90 days per year rule requires, on the one hand,
Approval by the Aliens'' Registration Authority (AuslÔnderbehảrde) (extension of
visa con***ions entered into the passport) and, on the other, Permission from the
Employment Office.
Approval by the Aliens'' Registration Authority:
.. for student casual or temporary work in higher education or at another
academic, scientific of research institution
A period of employment extending beyond the 90 day limit can only be
approved as part-time employment if this does not change the study-only
residence purpose and if the fulfilment of that purpose is not substantially
obstructed or delayed (Đ 28 Abs.2 S.2 AuslG, Ziff. 28.5.3.2 AuslG-VwV).
Therefore, and without prejudice to work-permit related legislation and
regulations, any longer-term employment can only be considered in exceptional
circumstances, for example, temporary employment of the student at a
university, college or other scientific, academic or research institution
(Ziff.28.5.3.2).
.. in the event of a financial emergency (need)
Approval for longer-term employment may also be considered if the student is
experiencing a financial emergency (need) which has not been caused by
himself/herself or his/her relatives and if the studies, under consideration of the
particular difficulties which foreigners may experience when studying, have so
far been purposefully and specifically pursued and if the university or college
confirms that it may be assumed that the student will successfully complete
his/her studies (Ziff.28.5.3.4).
Permission by the Employment Office:
.. no negative effect on the labour market; Priority rule
According to Đ 285 Abs.1 SGB III a work permit may be issued if
1. the employment of foreigners has no negative effects on the labour market (õ?Ư)
and
2. German employees or foreigners who have the same legal status as these
regarding the right to take up employment are not available for the position in
question (priority rule).
4
In view of the current unfavourable labour market con***ions, applications for a work
permit only have little prospect of success.
The employment office (Arbeitsamt) is obliged to observe the priority rule, which
means that a work permit can only be issued for a specific position if no suitable
German applicant or applicant from an EU or EEA country with equal legal status to a
German is available for the position in question.
.. Hardship clause
In derogation of this regulation, a work permit may be issued - despite the fact that
the labour market is unfavourable and that other employees have priority - if the
refusal to do so would constitute particular hardship under consideration of the
particular con***ions of the individual case (HÔrtefallregelung Đ 1 Abs.2 ArGV; ĐĐ 285
Abs.2, 288 Abs.1 Nr.2 SGB III).
According to the hardship clause, foreigners may be allowed to take up employment
for particular social reasons, although this may contradict the priority rule. To assess
a case of hardship, the decisive guiding principle in times of long-term high
unemployment is that the persons to whom the hardship clause applies would be and
would remain dependent on state welfare if they did not receive a work permit on
grounds of hardship, a fact which cannot be reconciled with the obligation to protect
human dignity/rights, if the foreigner cannot reasonably be expected to return to
his/her own country in the foreseeable future or if this is not possible. This exemption
cannot generally be applied to students, since a student is only temporarily resident
in Germany for the express purpose of studying.
.. Public interest in employing foreign academics, scientists and experts
According to Đ 5 Nr.1 ASAV (Regulation on the exemption ruling on issuing
work permits to newly-arriving foreign employees / Recruitment stop exceptional
provision - ASAV) scientists and academics may be issued with a work permit
for employment in teaching and research on account of their specialist skills,
expertise and knowledge. This also applies to experts who hold a university or
college or equivalent qualification.
In both cases there must be a public interest in the employment of that person on
account of his/her particular skills, expertise and knowledge. This is also a
discretionary decision. This particular public interest may be affirmed and established
when the general public''s interests supporting and confirming the decision to employ
the foreigner outweigh other considerations. This balance of interests must also, inter
alia, take account of labour market con***ions and the priority rule.
5
Errors of judgement by the authorities in the use of these discretionary powers may
be appealed at court, although the administrative court is only permitted to review the
lawfulness of the decision (the administrative act) and not the expediency of that
decision. The appeal court must take into consideration the authority''s margin of
discretion and must, in particular, not exercise any discretionary powers of its own.
Version: 10.10.2002

hi, cai ni, chac helpful cho ca nha

hi, cai ni, chac helpful cho ca nha

Các ấy ơi cho tớ hỏi là đi học ĐH bên Đức có cần bằng tốt nghiệp PTTH ko?Bằng loại trung bình có được chấp nhận ko? Nhưng mà tớ đỗ ĐH ở VN roài.Danke schön

Các ấy ơi cho tớ hỏi là đi học ĐH bên Đức có cần bằng tốt nghiệp PTTH ko?Bằng loại trung bình có được chấp nhận ko? Nhưng mà tớ đỗ ĐH ở VN roài.Danke schön