Hi,
I am a GC holder since 2004 and working since 3.5 years. Now, I may be getting kuendigung from my company as it is running under losses. I have following questions:
1. What will be my status after losing job? Is my visa valid?
2. Can I stay back in DE for searching other jobs with ALG?

I cant apply now for BE as I already have visa till end of 2009 and my visa has company name on it. Can anybody help me out here?

regards,
Rajsoman

@ Rajsoman

Well, best in your case is to change your visa and get BE as soon as possible. You can apply for BE now, go for it and do not wait.

Good luck.

Yes, I wanted to apply for BE. When I asked that in Auslanderamt, they gave me a form to be filed by my company (maybe for arbeitsmarkt pruefung..Is it needed for BE?). However, the HR was not ready to fill form for me as she knows that company will not exists anymore..What can I do?

regards,
Rajsoman

Yes for BE you need to have a job and form should have sign from your HR which in your case is not possible when you are given kuendigung.
You can stay here for 6months and look for a job but you should have enough savings otherwise with ALG it will be very difficult because one gets some percentage of the netto salary last earned.The best option would be to search for a job here and also look for a job in India or US where there are more options than here.
One should know that the situation changed now and many companies are finding IT people from east european countries which are now in EU for very less salary which we can also earn in India.
Best of luck

I can understand why the HR doesn't want to fill this paper but you can just explain them why it is important and it better be now than when the company isn't there anymore.
Them filling it won't have an impact on their future and will allow you to get on your own feet when they gonna close.

D.

Hi Rajsoman,

Its a bit unfortunate that the Beamter is asking for paperwork.

In my case, I took the letter that is available on this site for BE Visa.

1- You can get BE Visa if you have worked on GC for two years and you fill a form which is verified by theemployment office and in a couple of weeks you change your visa to BE.

2- Alternately, You can BE if you have been legally in germany for three years on work visa - no check is needed.

In my case, when I went to the residence office, asked for BE via 1-, but the beamter said that case 2 applies to me since i am already in germany for 3+ years on work, and gave BE right away - no questions asked.

I would suggest to print this letter with the relevent law mentioned from this site, and go back again to the Beamter and maybe he will do it.

With 3+ years of legal in germany the law clearly says that you are entitled to BE. So try once again but with the letter or take a lawyer.

you can say to the officer that the company is not signing this paper because they want to keep you in the company like a slave,

best of luck
j

Hi Guys,
Thank you all for the help. I will do what Jamnazar has suggested and update here what has happened.
regards,
Rajsoman

Hi Rajsoman,

well, I agree with the previous advices you received. The guys were right.

BUT I think you must not loose your objective and this must be to get a new job.

If for any reason you don´t get BE, you can stay in Germany. Surely your visa must be changed to anything else but this is not your problem.

Once you get another job, It´ll be kids play to change to BE, it only five minutes.

The worst scenario you can get is you don´t get your BE, you get a temporary visa for the time you are able to get ALG (not sure about that but can be a year). But this is not that bad in my opinion.

I insist: try to get a new job and then when you go to the ABH, with your time in Germany and your new contract you will get the BE stamped in you passport. Your new employer won´t ask you your passport, only he/she would like to know if you have a work permit and you have it, that´s a fact. You are here and you were(are) working until ...

So, good luck and keep us informed

Hi guys,
Today I went to Auslanderamt and asked for applying for BE. She asked me to submit all my salary slips from my first month of job!!

I managed to get most of them and applied for BE. She said that she has to send it to Arbeitsamt and get the decision from them :-| ..Something new! Which I never heard in this forum.

I took the letter which was available here in wiki. This time, she did not even ask for me to submit the form filled by company :-) I feel this like playing lottery...No rules..Just aristrocacy of Beamter.

What you guys say? This arbeitsamt decision was needed for you also?

regards,
R.S

@rajsoman

As per my knowledge GC who has got Workpermits before 1.1.2005 need not have Arbeit Markt check.

This has been told to me by a lawyer from VPMK.

I feel the time taken by the Arbeitmarkt check will take you atleast a month.

if possible check with some lawyer if this BE process can be expedited.