The Chinese specialty cook plays a special role in legal advice, which requires particularly demanding service.
Sangong law firm assists you in applying for the appropriate residence permit at the German embassies and immigration authorities and takes over the complete communication.
Recently, we are increasingly addressing the concerns of our clients who are looking for further employment in Germany.
Principles of employment
Chinese specialty cooks are only allowed to work in Germany for a period of four years based on an agreement between the People's Republic of China and the Federal Republic of Germany.
An extension on a regular basis is not possible. However, it is reserved for the Chinese specialty cook to apply again to the German foreign authorities after a period of four years to return to Germany for the same period and to work as a cook here.
Changes in society
Extensions respectively new applications, which lead to the fact that the specialty cook can stay in Germany for long term, are regularly dealt as suspicious by the immigration authorities, which often suspect these cases as covered regular (former) employment.
Undoubtedly, these cases certainly exist. Nevertheless, the position of the specialty cook has greatly changed in recent years. The work force of a Chinese cook is now much more appreciated than few years ago.
The salary level in China has now risen to such an extent, that it is no longer attractive to work abroad and be separated from the family, even with a higher salary.
Cooks, who nevertheless come to work in Germany, encounter a higher appreciation in the business. In addition to their actual activities, they also take on important management tasks in the company. Moreover, many descendants of Chinese restaurants owners do not want to take over the parents' businesses, because of other interests aroused by school and study. At the same time, however, the owners of these restaurants are getting older and increasingly rely on specialty cooks to manage their businesses.
Further employment as manager
Against this background, many restaurant owners understandably are keen to continue their cooks’ work as a manager.
Sangong law firm is responsible for several of these cases, of which some of them have been already successfully closed.
Official and judicial practice
In some cases, it is not easy to eliminate the official’s assumption, that the specialty cook is now to be employed as a senior employee (manager). Unfortunately, this attitude does have an effect to the administrative procedure. At the same time, the authorities overlook the fact that they must create a neutral procedure for the applicant and that they as well must take account of the circumstances favorable to the parties involved.
It happens in some cases as well, that this negative attitude of the officials is also taken over by judges in judicial proceedings. A particularly regrettable decision by an administrative court, in which Sangong law firm was not involved, concluded that the loss of more than 15 jobs, and thus the closure of the business, should be acceptable than granting a new residence permit to the cook to work as senior employee (manager).
To avoid this, you should have your interests and those of your employees represented right from the start by Sangong law firm.
This text is available in German and Chinese. Just go to the News section in your preferred language.