I have been working in germany after completing my masters since last
one year. some months back i shifted my job. Now due to economic
situation my company finished my job contract during my probezeit.
Officially that contract will now finish on 31st March.

I have job visa till january 2010.

I have following questions:

1. Should i go now to Rathaus to inform them or not.
2. If I go to Rathaus will they change my visa status or not, if yes
then for how many months.
3. I have worked for 1 year in germany. Am I elligible for
Arbeitslosgeld or not, if yes then what is process, where should i
inform or register and for how long and how much. keeping in mind
that i dont have unbefrissted visa status.
4. I m married and my wife is going to apply for family reunion visa,
should we wait till i get a new job or even in this situation she may
get family reunion visa.
5. what other complications i may face, eg, How much i have to pay
for my AOK life insurance after loosing job etc etc

thanking in advance
best wishes
khan

1. Should i go now to Rathaus to inform them or not.

You should go to the arbeitsamt. If for your town it is in the rathaus then yes, you should inform them

2. If I go to Rathaus will they change my visa status or not, if yes
then for how many months.

Yes. it will be changed to a shorter period. How long the new visa will be valid is upto the case officer.

3. I have worked for 1 year in germany. Am I elligible for
Arbeitslosgeld or not, if yes then what is process, where should i
inform or register and for how long and how much. keeping in mind
that i dont have unbefrissted visa status.

Yes you are eligible for a max of six months. See answer for question 1 about where to register. The following website will also give you some information
http://www.arbeitsagentur.de/nn_25886/Navigation/zentral/Buerger/Arbeitslos/Arbeitslos-Nav.html

4. I m married and my wife is going to apply for family reunion visa,
should we wait till i get a new job or even in this situation she may
get family reunion visa.

Unfortunately your wife's visa will not be approved. Sometimes people have to wait for their probezeit to finish before the reunion visa is approved.

5. what other complications i may face, eg, How much i have to pay
for my AOK life insurance after loosing job etc etc

If you get arbeitslosengeld then the insurance is paid by the gov till the time you are eligible for it. After that you have to pay on your own

Hii Raj
y should we informed to Visa officer cos any how we have visa for 2010 for specific company but if we go to visa then will give for 3 months instead of 3 months it would be better not to go ..wat is ur advice?? if we dont go for visa any thing will happen..just let me know

I assume your work permit is dependent on the employer.So as soon as you lost your job the visa is also invalid. You would be living illegally and when you go to change the visa after finding a new job, you will be in big problem. Ofcourse you dont have to go and inform them, but do you want to take the risk?

Hi thekhan01,

i faced the same problem for 5 years. Dont do any mistake because this is a sensitive metter. Be carefull in this situation. I give you some tips. But dont do hurry in doing any thing.

Hii Jalal
Let me know the tips cos i am also in same boat
Bye

Hi Again,

a very sensitive thema "kundigung & Foreigner"!

Here are some comments & personal views from my side.

1: Don't be in Panic/Panik, because untill you do not inform any office they will not disturb you. Thats why keep cool get lot of informations & then deceide.

2: If your employer dont send any information to "ausländerbehörde" then its very positive.(and mostly employers do not inform to them) Because you can go to arbeitsamt to claim your ALG and they will check your Kündigung and will check the form which your employer has filled out for your ALG, your Anmeldung and you will get your ALG after 3 weeks.(!!!No need to ask stupid question from the duty officer ;) ).

3: Rathaus is not relevant for that type of things, thats why pls do not disturb your case by going to rathaus, its a metter of Kündigung and nobody goes to Rathaus.

4: If you get a job during your ALG time e.g 6 months or a year then your visa will by converted by ausländerbehörde showing your pass. Because you were getting ALG from the last 6months or a year and you were searching your job.(No question anymore). But if you go now to ausländerbehörde and say look what happened then they will surely use their rights ;). Its same you cross the Red-Signal on the way and do not look anybody and you go to poliece station and say look i crossed Red-Signal because of that & that reason then you'll get surely punishment. OR ?

5: You have to inform your Health insurence that you got your Kündigung & you will submit your papers to Arbeitsamt in the next days.(again no un necessary questions :-).

6: You will not pay anything to your Health insurence every thing would be automatically be converted through Arbeitsamt. You just have to inform that you have got Kündingung.

7: Lawyers in this country are very very very Expencesive, I suggest to go to any lawyer but before you start talk, you MUST ask him that how much would be the fee of first discussion and for the total case. Do not open your case before you are not clear about his fee. Be remember its very important. I am again saying its very imp.

8: Being a Foreigner in this country you should have a very cheapest insurence (Rechtsschutz-versicherung) if you are in any bad situation and you need lawyer your insurence cover the expences of lawyer and every thing. But all cases which happened after 3 months of getting start this insurence.

9: About your family i would say it would be better before you clear your job situation and then apply for your family because then you should care for both family + job searching.

10: These were my views & expression, you surely do what your mind says.


I wish you All the Best in Germany...

Hi friend,

ok please tell me what r the chances that if i do not inform auslandbehorde abpout kundigung and say after 2 or 3 months i get new job and i go to them for new visa what r chances that visa officer refuse visa and cause other peoblems as well,

u mentioned about lawyer, what what i need layer in this case please inform me.

thanks

@thekhan01

Here is what will happen when,

you turn up at Ausländerbehörde:

1. Your current visa (till january 2010) would be immediately cancelled.

2. You would be given a 3 months temp. visa (if you are lucky)

3. After 3 months if you still did not manage to find a job then you would be asked to leave the country.

you DO NOT turn up at Ausländerbehörde ;-)

1. You would not get any Arbeitslosengeld.

2. You have to keep paying your health insurance from your own pocket.

3. You can stay in Germany and look for job until january 2010.

In this tragic context of job loss there is one single basic piece of information that is very important to remember when faced with a dismissal letter:

If a termination notice is not challenged in due course it will become valid by law even though the termination was actually legally flawed and thus invalid. Usually this means to take specific action in a labour court no later than THREE weeks after having been served the termination letter.

This “deadly” rule is irrespective of actual protection under the special law protecting against dismissals (so called Kündigungsschutzgesetz).

Rechtsanwalt_Jain@yahoo.de

Hi vakalat
can u explain us in a clear way
Thanking you

Hi thekhan01,

Please do not mix the metters between ausländerbehörde & arbeitsamt. You get kündigung & you should go to arbeitsamt. Do not involve Ausländerbehörde in this metter, just be normal and apply your Arbeitlosgeld.(It was an insurence which you have been paying for a special time of your job.) Now this insurence should pay you back the amount in shape of Arbeitlosgeld. Better would be get any of your friend with you who speak good german and i am again saying do not confuse the duty officer by asking lot of questions just provide the papers which he demand. You were working & paying arbeitlossgeld and now you are arbeitloss you will get the amound back. No discussion.....

Metter of ausländerbehörde is second step & before taking second step you should start Rechtsschutzversicherung as soon as possible now a days which would be applicable after 3 months and you can activate it. Now i come again to your question, "What will happen after 3 or 4 months when you get job and go to ausländerbehörde for new visa". Till that time(3 to 4 months) you would have your Insurence of Lawyer "Rechtsschutzversicherung" & your lawyer can answer them more clearly than you ;).

The very imp thing here is write down what is wirtten on your visa paper in German. Then it would be more better to explain.

I again say these all were my personal views & comments make up your mind what you think.

@jalal


Please do not mix the metters between ausländerbehörde & arbeitsamt. You get kündigung & you should go to arbeitsamt. Do not involve Ausländerbehörde in this metter......

Things have been changed now. Even if you go to Arbeitsamt they would redirect you to Ausländerbehörde, and they in turn will cancel your visa and issue a temp. visa.

If you want to stay longer than 3 months then avoid both.

Hello All,

As far as i know Rechtschutz Versicherung does not cover up Ausländerrecht. It is the case with most of the insurance and agreed by Agents also.

Before taking any insurance read carefully or ask your Agent.

If anybody has claimed insurance for this kind of issues, please post a detail reply with your case details or situation.

All the best to original Poster and please update.

hi,

as i told earlier my current visa is till 31 january 2010 and i got kundigung last month 27th february and as per kundigung my job will finish on 31st march 2009.

now today i went to Arbeitsamt for Arbeitlos melden. There that lady asked me to go to auslandbehorde to get my visa changed, she said as in ur visa it is written that u can work in that company so i can not register u for arbeitlosgeld so u ahve to get this visa changed then u can register.

I told her that if i go to auslandbehorde then they will issue me 3 month fictionsbescheinigung visa then it will be problem for me later if i dont get job till then, she said it is like unfortunately we can not register u until u get visa changed. she asked me to change my visa before 31st march 2009 and come back.

now please help me out what to do, should i go to auslandbehorde tomorrow or should i go there on 31st march so that i get some more time to search for job, will there be any affect on arbeitslos geld if i do it now or on 31st march.

as per rule i am eligible for 1 year arbeitslos geld but now if i go to auslandbehorde they will issue me 3 months visa so i will get only 3 months arbeitslos as well, is there any thing in LAW which can hep me or not

please guide me thanks

Well, we can say what we want, we will not be able to give you a favorable answer.
What I can advise you is to contact the lawyers at the VPMK (www.vpmk.de) and ask for Katja Ponert, just tell her you have been recommended by the people from Trust7 (I hope and think Detlef won't mind) and present her you case, she will surely give you some advices and if you have to do things further, they will surely help you.
They did a couple of years ago and I won't deny they have been very good handling my case.

D.

hallo,

Ok, now i have to go to auslandbehorde.

my question is that is it SURE that they will issue me 3 month visa or is it possible that they give me 6 month or 1 year visa for job search as after my masters degree i did not apply for job search visa rather i got job immediately and i got job visa.

should i go to them immediately or on 31st march.

if i go to them now will they issue me 3 month visa from the date of application or from 1st april as i will be arbeitlos from 1st april.

if i get my visa changed on 31st march, will it affect my arbeitslos geld ?

thanks

Salam Mr. Khan,
Though, most of GCs have gone thru such situations, where its very difficult to decide.

Even, one of the GC was supported by Mr. Detlef and his team to fight his position.

So, according to your situation. Yes, you dont go now for Ausländeramt, but do take an appointment near the end of March.

So, what next?
Yes, this is most important.

According to my experience, I would strongly recommend that besides, you search for normal job. Just look also for "Zeitarbeit" firms or Recruiting firms, which help getting job.

In my case, I contacted ADECCO or similar companies, which hire you at a cheaper rate(Egal, you dont greed for money at the moment, but to get a job) and then sell you at an expensive rate. Thru this, you may avail chance to get good contacts in the companies. But, for this need, you need to discuss your case openly with the Agent and your willingness to work at an agreed hourly rate.

I wonder, if Mr. Detlef, in such a situation, would come with an Umbrella Comapany to offer temporary jobs for such GCs(at an agreed hourly rate) and sell their services to other companies. This way, it would help atleast to manage with the Ausländer.

Just a suggestion for Mr. Deltef!

Look for other options:
You have for example, CEBIT till 08.03.09. So, you must visit and there are companies, which would interview you there at the spot and chances are high and upon your luck, that you are selected. So, dont miss this event.

I myself, even got job contract twice thru CEBIT in financial crunch.

Also, you may check, what/where is the next job fair.

Option 3:
Let's suppose, you are in April and registered at Ausländeramt and then ofcourse Arbeitsamt.
Consider yourself applying for Internship for special courses (thru Arbeitsamt) in Companies SAP, which is highly demanded. But, you need to compete for this. Arbeitsamt has online search portal for the courses. For this, you need to spend a day at Arbeitsamt computer and with office personnel of Arbeitsamt at CEBIT.

Option 4:
It depends upon you, whether you go for Lawyer(Rechtsschutz does not cover up the Ausländeramt)
So, save the Arbeitslosengeld, if you intend to fight your case. This way, you might get period, in which you may find time(say 1 year) to search for the job. For this, I hope, Mr. Detlef team would like to help you at that time, when every option is exhausted.

GC->NE->DE
Gruss an Alle und ein schönes WE,
A.T

I also recently lost my job and have got ma case registered with Arbeitsamt. all they asked me to get a form filled out by my previous employer. My work permit is employer dependent. The people at Arbeitsamt did not talk a word about my visa nor asked me to get it changed at Auslanderbehörde.

hallo

but stuttgar arbeitsamt asked me to get my visa changed from auslandbehorde

what should i do now any suggestions

as if i go to auslandbehorde they will give me 3 month visa but i am entitled for 1 year arbeitlos from arbeotsamt what is way to get 1 year visa from auslandbehorde

any suggestions please

>>what should i do now any suggestions

Well all the possible suggestions has been given to you in the last two pages, so what else do you expect? The situation is clear
1. Do get arbeitslosgeld, stay till Jan 2010 and search for a job. If luckily you get a job then worry about getting the visa extended
or
Get arbeitslosgeld for first 3 months, search job, with luck it will be extended for another 3 months, after that it is fate.

>>as if i go to auslandbehorde they will give me 3 month visa but i am entitled for 1 year arbeitlos from arbeotsamt what is way to get 1 year visa from auslandbehorde. any suggestions please

Lawyer perhaps?? i dont think the forum members can help you in this regard.

@thekhan01

....auslandbehorde they will give me 3 month visa but i am entitled for 1 year arbeitlos from arbeotsamt...

Well, it is like this:

1. To get ALG you need to have resident permit in Germany.

2. You can't get resident permit just to avail ALG.

And your resident permit is now invalid, since you lost your job.

As Raj suggested, this is a catch-22 situation only a professional lawyer can help.

Hi all,

my problem is also similar. I understood most of the suggestions in this forum, but little consution.

I got the kündigung letter yesterday, Its written on the letter that I should inform Arbeitsamt and Ausländerbehörde. I went Arbetisampt yesterday and shown them kündigung. since they were very busy they just noted down that I came yesterday and gave me forms and asked me to come back in 2 or 3 days. I have only two questions.

1. I have been working for the last 10 months (6 months in a contract job and 4 months in current job, my last day in this company will be 31.3.09) I guess I am not eligible to ALG since I have not got salary for 12 months within last 2 years. Am I right?

2. After reading the suggestions I decided not to go for ALG so that Arbeitsamt would not ask me to go to Ausländersbehörde. my question here is, if I get my next job in 2 months, when I go to Ausländersbehorde with the current visa (valid until end of this year and it has my current company details) will they ask me any kind of questions like DID YOU INFORM YOUR CURRENT COMPANY? OR SHOW ME YOUR KÜNDIGUNG STUFF etc?

--> if they simply take my new job contract and send it to Arbeitsampt without asking any questions about kündigung there is no problem.

--> if they ask show the kündigung stuff then wouldn't they say why the heck you didn't come sofar :-) etc etc. What should I say in such case, I cant simply say I dont know this as it is written on the kündigung letter. (this doubt is eating my brain since yesterday)

Kindly advice me guys (the same questions might be answered before but as I said I am little confused because of the unexpected situation)

thanks in advance

Best Regards,
Sudeep.

@ Sudeep:

1. I have been working for the last 10 months (6 months in a contract job and 4 months in current job, my last day in this company will be 31.3.09) I guess I am not eligible to ALG since I have not got salary for 12 months within last 2 years. Am I right?

---- Yes, you are 100% right. You will not get ALG.

2. After reading the suggestions I decided not to go for ALG so that Arbeitsamt would not ask me to go to Ausländersbehörde. my question here is, if I get my next job in 2 months, when I go to Ausländersbehorde with the current visa (valid until end of this year and it has my current company details) will they ask me any kind of questions like DID YOU INFORM YOUR CURRENT COMPANY? OR SHOW ME YOUR KÜNDIGUNG STUFF etc?

--> if they simply take my new job contract and send it to Arbeitsampt without asking any questions about kündigung there is no problem.

--> if they ask show the kündigung stuff then wouldn't they say why the heck you didn't come sofar etc etc. What should I say in such case, I cant simply say I dont know this as it is written on the kündigung letter. (this doubt is eating my brain since yesterday)

--- If you want to be on safe side, then you should visit Ausländersbehorde and tell that you looses the job.You can go to them on the last day of March (last day of your work).

@ UMTS11

Thank you very much for your prompt reply. going to them at the end of March is a good idea. however do you have any idea whether the people in Ausländerbehörde ask to show the Kündigung when we go there with the new job contract? (when the present job period is still valid in the passport) ?

Any idea what is the praportion to ask?

Regards,
Sudeep.

@ Sudeep:

No one can exactly tell you, what Visa officer can ask you when you go with new contract after couple of months. They might ask you for a termination letter and might be not. As legally your visa will be invalid from your last working day as it is bounded to current company.
If you live with uncertainty, you will always think about this and will be disturbed all the time.

Rest is up to you, what you think is right, do it.

Good luck.

@ UMTS11

Thanks again..

Cheers,
Sudeep.

Hi friends,

I am happy to inform you that i have got a new Job Contract now and now i need not to worry about ausländ behorde.

now i have to go there for my new VISA change (Changing according to my new arbeitgeber).

My question is that as i m in germany since august 2005 as student and finished my studies in march 2008 and since then i worked in 2 companies (4 months and 8 months respectively), at first job i resigned for better salary and 2nd one fired me last month.

my question is that now when i go to auslandbehorde is there any law thqt i can apply for employeer independent visa or nederlasungserlaubnis etc please guide me

what should i ask from visa officer at Auslandbehorde.

thanks to all people who answered my queries and helped me ease my tension.

Hallo Jalal,

Could you please kindly advise on the matter you wrote 5 years ago

1: Don't be in Panic/Panik, because untill you do not inform any office
they will not disturb you. Thats why keep cool get lot of informations
& then deceide.

2: If your employer dont send any information
to "ausländerbehörde" then its very positive.(and mostly employers do
not inform to them) .

Are you sure the employer doesnt send any notification of the termination of employment to Ausländerbehörde?

I got my Master in March 2013, got Job Suche Visum untill Sept 2014, started a job in June 2014. Since June i have Fiktionsbescheinigung, as my passport expires in Nov 2014. Nebenwirkug ist die Arbeit bei Bestimmte Frima. This week I got Kündigung with effect of 31 Okt. Have been in Ausländersbehördte and got controversial feedback.

One officer says I will get Job Suche Visum upon AufG para 18c Satz 1 and 3 for 6 months without any doubt if I apply rechzeitig, e.g. unmittelbar bevor letzte Arbeitstag. The crux of the matter is that my case is being forwarded to Hessen from Bayern and will arrive 2 weeks after 31 Oct. He sais its not a problem and the decision on Job Suche Visum will be postponed from my application date till my case arrives. I am worried nevertheless while i would submitt the application but Ausländerbehörde will have only my Fiktionsbescheinigung since June 2014 and not the complete case for 4 years of approved residence.

Other says it is upon their discretion while I have Fiktionsbescheining and not plastische Aufenthaltskarte. This makes me wonder, while if my passport did not expire in Nov 2014, i would have got a plastic Aufenhalt in June 2014. Die Fiktionsbescheinigung sagt das Aufenthaltstitel (nach dem Studium) gilt als fortbestehend. This makes me even more bewildered. I have Fiktionsbescheinigung mit Nebenbestimung wie Beschäftigung bei bestimmte Firma, aber ehmalige Aufenthaltstitel (Job Suche nach dem Studium) als fortbestehend. Und deshalb Erteilung von Arbeitssuche Visum nach AufG para 18 c Satz 1,3 kann eine Probleme sein....

Third, privately and not officailly though, says that as soon as I have Fiktionsbescheinigung untill end of Dec 2014, I should not apply for a Job Suche Visum at the end of my employment as Erwerbtätigkeit is only Nebenwirkung and not auslösende Bedignung....

Could you please advise what have you dont in this case. I have no claim on ALG1 or 2. I just dont want to waste any time with Ausländerbehorde rather saving this time for a job search.

§ 18c Aufenthaltserlaubnis zur Arbeitsplatzsuche für qualifizierte Fachkräfte
(1) Einem
Ausländer, der über einen deutschen oder anerkannten oder einem
deutschen Hochschulabschluss vergleichbaren ausländischen
Hochschulabschluss verfügt und dessen Lebensunterhalt gesichert ist,
kann eine Aufenthaltserlaubnis zur Suche nach einem der Qualifikation
angemessenen Arbeitsplatz für bis zu sechs Monate erteilt werden. Die
Aufenthaltserlaubnis berechtigt nicht zur Erwerbstätigkeit.
(3)nAuf Ausländer, die sich bereits im Bundesgebiet aufhalten, findet
Absatz 1 nur Anwendung, wenn diese unmittelbar vor der Erteilung der
Aufenthaltserlaubnis nach Absatz 1 im Besitz eines Aufenthaltstitels zum
Zweck der Erwerbstätigkeit waren.

§ 81 Beantragung des Aufenthaltstitels
(4) Beantragt ein Ausländer vor Ablauf seines Aufenthaltstitels dessen
Verlängerung oder die Erteilung eines anderen Aufenthaltstitels, gilt
der bisherige Aufenthaltstitel vom Zeitpunkt seines Ablaufs bis zur
Entscheidung der Ausländerbehörde als fortbestehend.