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Work permit for Schengen state A - Work in Schengen state B

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bowcreek
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Posts: 43
Joined: Thu Sep 09, 2010 4:49 pm

Work permit for Schengen state A - Work in Schengen state B

Post by bowcreek » Mon Jun 01, 2015 10:17 am

Hello everyone - Hope you all are well and would be able to help me with this post please. I tried searching in forum but didn't find something suitable.

I am trying to seek some help for a friend of mine. Below are the details.



Scenario
----------
Working in Belgium for last 1.5 years. Visa / WP sponsored by an Indian company. Seeking employment in another EU / Schengen state withing next month.

Questions
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1. Would the time he spent (1.5 years) in Belgium count towards 5 years to be eligible to get permanent residency if he starts working for an employer in another schengen / EU state?
2. How long does it typically take to get WP sponsored from another state when you are already in EU.
3. I believe WP is issued first followed by Resident permit / Visa. Can he stay in EU with just WP from new EU employer whilst waiting for Resident Permit to be issued, if his Indian employer asks him to move back to India whilst this is happening?
4. Can he continue to work for his current Indian employer if new EU employer issues him a WP?

Please can you help us?

Many thanks

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ALKB
Respected Guru
Posts: 874
Joined: Mon Mar 26, 2012 12:32 pm
Location: Berlin
Germany

Re: Work permit for Schengen state A - Work in Schengen stat

Post by ALKB » Tue Jun 02, 2015 5:23 pm

bowcreek wrote: Questions
----------
1. Would the time he spent (1.5 years) in Belgium count towards 5 years to be eligible to get permanent residency if he starts working for an employer in another schengen / EU state?
Work and residence permits are a national matter, not Schengen or EU. You can visit other Schengen countries for up to 90 days but you can't reside/work there on another country's work permit. If you change country the clock would be reset.

bowcreek wrote:2. How long does it typically take to get WP sponsored from another state when you are already in EU.
Depends on the country and individual circumstances. Probably a little less than when applying from outside the EU.
bowcreek wrote:3. I believe WP is issued first followed by Resident permit / Visa. Can he stay in EU with just WP from new EU employer whilst waiting for Resident Permit to be issued, if his Indian employer asks him to move back to India whilst this is happening?
Depends on the country again. In Germany for instance, the work permit is part of the residence permit, so is issued at the same time.
bowcreek wrote:4. Can he continue to work for his current Indian employer if new EU employer issues him a WP?
Depending on domestic legislation of the country, the work/residence permit may be linked to a specific job and any other work may not be allowed. Also, an employer can put into the employment contract that no other work is allowed.

Basically, decide on a country and then look at their rules. "Schengen" has little to do with these issues.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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