Hi all,
I am living in germany since aug sep 2001. From aug 2001 to sep 2004 was a student and worked as Hiwi from jan 2002 to sep 2004. In that period i have paid Rentenversicherung. From oct 2004 until now working as a wissenschaftliche Mitarbeiter. I have a contract and visa until aug 2005 and will extend in this month. I hope paid renten more than 36 months, tough have to get exact info from Bfa. First i have to know with u people, am i eligible for Unbefristets ArE ?, if so shall i apply for it now or can i apply after my visa and contract extension. any ideas ?. Thanks in advance.

regards,
kodam

What visa did you have AufErl or AufBewilligung?
What visa do you have now?

I supose working months during student time could be added to 3 years needed for Besch. erlaubt Auflage. But you need some luck too. Some Beamters did take it into account and some did not.

Thanks DVD for ur reply. First 2 yrs i had Aufbewilligung and since 1 yr and 9 months having AufErl. Luckly i got one yr aufErl. when i was a student. Right now i am having AufErl. thanks again. anymore ideas ?

kodam

Few.
As I said, try your luck.
Some take student time in account some not.
New idea is this:
ask one of your Beamters what he thinks.
He will maybe need time to check. You should mention guys in the similar situation who got it (search forum).
If this guy does not want to give it try another one. It is important that you know who you are speaking to and what is his direkt number.
You can find all numbers in internet.
If no luck with Beamters try some boss at ABH.
When you find one that would take it into account arrange with him Termin and bring all needed documents.

@Kodam2

I dont want to discourage to apply but just want to share my exp.
I got BE last Friday but I went thru a tough discussion with the Beamterin. In my view I had both the requirements for BE but she considered only one of them (see no.2 below) and its according to it that I got BE.
These are the requirements I based my application on.

1. 49 Months Sozialversicherung payments (29 as a GC and 20 as a Student)

2. I have lived more than 4 years in DE.

Requirement no.1 above was not considered because the 20 Months Sozialversicherung were paid at a time when I was student and did temporary jobs (befristete Arbeitstätigkeiten)

Note: For requirement no.2 only half of the years as a student (and maxm 2 years) are added to the years as an employee.

Compare your situation with mine.If you can go thru then for sure you will get BE, if not it will be either luck or Beamter is not fully conversant with the requirements.

Wish you all the best

Cheers!

@ myname
Thanks and congrts that u got BE. Could u pls explain a bit the diff. btw Unbefristets ArE and BE. Still i have confusion which is first to apply when one can fulfil some basic requirements for anyone of the above 2

Thanks again

@ kodam2

If your application is based on the Law below, then note the following.

§ 9 BeschVerfV
Para. 1 says:
(1) Die Zustimmung zur Ausübung einer Beschäftigung kann ohne Prüfung nach § 39 Abs. 2 Satz 1 Nr. 1 des Aufenthaltsgesetzes Ausländern erteilt werden, die eine Aufenthaltserlaubnis besitzen und.......“

The above Law did not specify which text is written in the Passport if the application is approved. What is written in the law is only the „ Die Zustimmung zur Ausübung einer Beschäftigung.....“ ( The Approval for the practise of an occupation).

Most officers (Beamters) have been issuing “Beschäftigung uneigeschränkt erlaubt..... Selbständige Erwerbstätigkeit nicht gestattet” this is the BE (as used in the Forum)
Others may issue „Unbefristete Arbeitserlaubnis“ (what you refer to as Unbefristet ArE), as some Forum members got (check the forum for this post)

The text you get in your Passport may be is written in the Verwaltungsvefahren/Gesetz for the Beamter (The book for Civil Servants where the procedures in applying the laws are written) In my case the Beamterin mentioned about that (Verwaltungsgesetz) but I didn’t not ask for details. If anyone knows more pls. inform us

in my Opinion I don not see the diff. between Unbefristet ArE und Beschäftigung uneigeschränkt. Erlaubt.

What you have to note here are the provisions for the Law on which your application is based upon After approval you have to ensure that the text that you get in the passport does not contain the Limitations on Field of Occupation, Company etc as written in “§ 13 Beschränkung der Zustimmung”

Best of Luck.

Cheers!

Unbefr ArE are both:
Be Besch erlaubt and
Eg Erwerbstätigkeit gestattet.

Second allows to have Firma, first not.

@ DVD

tell us where you got that!! Written law... etc?

there is no explanation of it in law because, to be honest, there is no ArbErl any more.
There is only Auflage in AufenthErl where it says what are you allowed to do as a job.
So, this Auflage is from one ABH room to another different because it is not exactly defined in law. To be honest it is in law but in law explanation and there is only written that one should in those 3-4 y cases get something like:
"Besch. erl., Selbstst. nicht gest."
But fortunately for us nobody knows it.

So as you see there is no such a thing as a ArbE or Be or Eg. That are our names for AE Auflage and to be honest only Be... Auflage is according to law. Eg Auflage that I have is allready better than that what law prescribes but it is nevertheless good feeling to have it.