Our forum is the right place for exchanging infos, searching for help or helping others. Meanwhile there are many thousand posts, so please use our 'Search' function if you are looking for a special topic. 

Because the forum is used more often for unauthorized advertising, we have decided to close it for new posts.

Who still wants to browse the old posts can do this with pleasure.

 

 

Visa Questions

Nachtraegliche Befristung des AE

Toggle
Nachtraegliche Befristung des AE
Answer
1/16/06 11:02 PM
Hello fellow GCer. For the past 4 years I managed to get along quietly, but lately I have an urgent problem I can not find a solution for.

I've been on 'Arbeitslosengeld' for some time now after I lost my job. Due to urgent family matters (critical health of a family member) I had to go abroad and take care for the past 1 month, and still this matter is going on.
Before my leave I informed the 'Sozialamt' that I will be missing for a while, so I am not getting any 'Arbeitslosengeld' now.
My GC is expiring on the 1st of November 2006.

In the meantime, I got a letter from 'AB' informing me that the reason for me getting the 'Aufenthaltserlaubnis' according to §18 'AufG' are no longer valid (as I am not working at the moment). Further, that my 'AE' must be 'nachtraeglich befristet' according to §7(1)(2) of 'AufG'. It seems like they want to restrict my AE for another 1 or 2 months only.

I've read carefully the 'BMI Hinweise' for §7 (7.2 - 7.2.2.8, pages 44-46), but my case is not addressed there. I know of the existence of 'BeschV' §46.2 giving 'unbefristet AE' for GCers but this seems to apply only for persons working at the moment.
I am not sure the fact that I am abroad now and obviously can not start working immediately in Germany will be taken into consideration from the 'Beamten' -- that was my impression from a phone call I made to AB. They even threatened to 'Aufenthalt beenden' in my absence (I do not know what this exactly means?) if I do not show up in two weeks with my pass at the AB.

I will be very thankful for any advice so that I could avoid the 'Befristung', as I am not sure I could be back on time to Germany and get a job during the limited time. I still want to come back and continue towards NE here, however.

I know German quite well and could also translate my message if somebody wants more precise details.

Thank you.
Peter
0 (0 Votes)

Re: Nachtraegliche Befristung des AE
Answer
1/17/06 1:46 PM as a reply to Peter A.
Hi Peter,
You have an interesting corner-case here. Not being in Germany for the moment and not having a job make the things complicated for you. But I still think that revoking a residence permit is not legally ok just because you became unemployed.(Provided that you didnt have any "Erlischt" clause on your residence permit)
If I were you, I would post the same question in this Internet Forum where ABH officers also share their opinions:
http://www.info4alien.de/cgi-bin/forum/YaBB.cgi

I would also consider to get a legal advice from a specialized lawyer.. please do inform us regarding the outcome..

Good luck

Lacrima
0 (0 Votes)

Re: Nachtraegliche Befristung des AE
Answer
1/19/06 10:30 AM as a reply to Peter A.
Thank you, Lacrima.

Yes, I do not have an "Erlischt"-Klause, and as a matter of fact I have already changed employeers with no problems.
I did write to the info4alien forums hoping to get some advice there, here is the link:

http://www.info4alien.de/cgi-bin/forum/YaBB.cgi?num=1137655287/0#0

As for the legal advice, I would be glad to if you can recommend someone (I read there is a team recommendended by trust7?). But as I am abroad currently, (s)he should be quite flexible...

Thanks again, and I hope to hear more good advice and ideas.

--
Peter
0 (0 Votes)

Recent Bloggers Recent Bloggers

trust7
Posts: 39
Stars: 39
Date: 3/9/19
VAK
Posts: 51
Stars: 124
Date: 2/25/18
trust 7
Posts: 2
Stars: 3
Date: 1/22/18
Ame Elliott
Posts: 2
Stars: 2
Date: 10/21/17
Katja Ponert
Posts: 2
Stars: 3
Date: 11/10/16
Rebecca Müller
Posts: 1
Stars: 2
Date: 9/27/16
Andreas von der Heydt
Posts: 4
Stars: 3
Date: 10/20/14