Clarification for Martin
posted by engelchen + in Germany forum
Although I agree with everything in your post, I think you missed a critical point.
The OP has a one year non-renewal WHV for Germany and has some type of employment contract with her current company. Now that her permit is close to expiring they are looking for a way to extend their working relationship. The problem is that the company does not want to offer her an employment contract and wants her to freelance for them. The solution you suggested won't work because she doesn't have an open work permit and cannot receive a permit to work through an agency as a "Leiharbeiter".
She needs to either apply for a permit to freelance (and most Ausländerbehörden require a minimum of two contracts for freelance applications) or she needs an employment contract from her company (for a position for which she could pass the Vorrangprüfung).
I think the reason she is having so much trouble filing an application is that when she describes to the authorities what she wants to do, they all consider her to be an employee and advise her accordingly.