Dear all,
I am in urgent need of your advice and direction.

I currently am working as an employee for a company in North Germany with "Aufenthaltserlaubnis §18 Abs. 4 Satz 1 AufenthG" and "Erwerbstätigkeit nicht gestattet, mit Ausnahme einer Tätigkeit als ___ bei der Fa. ___. Erlischt bei Unterbrechung oder Beendigung o.g. Tätigkeit §27 BeschV".

A month ago, I got married in India and now my wife is also in the process of applying for a visa.

Now comes the problem... my employment is likely to be terminated next month (including notice period)!! Here are some questions that has been bothering me a lot lately. Kindly find time to help me.

1. What happens after my termination? Should I fly back immediately as my visa is bound to this company?

1a. If I am eligible for ALG, for how long would it be and would the AfA be helping in any way to find another job?

2. What would happen to my wife's visa processing as I would have to, quite imaginably, update my status to "Arbeitslos"?


Any help would be appreciated!!

With hope and positivity and best regards,
Raj

1. It depends how long you are working here because you have not mentioned this. In worst case, you can get a visa for 1~3 months (depends upon visa officer)

2. to process your wife visa, you need to find a new Job ASAP, otherwise she can not get visa.

Dear UMTS,
appreciate your quick reply.

I have been working here since June 2008 (that makes it 25 months).

I shall be on my job hunt.

Thanx a million!

Yes,in that case you are eligible for ALG but it can create problems due to the company restriction on your work permit.

I would advise you to contact AA with the termination letter, sometimes they do not check residence permit. Similar case has been discussed here as few days before, please also search this forum and go through that.

Thank you very much for your timely help.

Shall do as you advised.

cheers.

As you have completed 2 years in the workpermit now you can get BE in which the company name will taken off from your visa. But not sure if you can apply it now since you are in the notice period...Give a try.. This is discussed lot of times in this forum.

Thanks a lot for your advice of getting BE, my notice period is not yet started, it will start from 1st of Augest. So as you said, I am aligible for it.

Thank you very much.

I did not get you. Which post of yours is correct?

What you mentioned in your first post:

"Now comes the problem... my employment is likely to be terminated next month (including notice period)!!"
or

What you mentioned in your last post:

"Thanks a lot for your advice of getting BE, my notice period is not yet started, it will start from 1st of Augest"

May be then you can get more relevant suggestion.

Dear tonygill,
thanks for your attention!

Both my posts are correct! My notice period ends by end of next month (August) and starts next month (1st of August) as my notice period is for 1 month.

Cheers,

You should try to get an employer independent work permit. This is necessary for you to be eligible for unemployment benefits without any hassle. Since you already have a work permit some authorities stick to the law and only grant a restriction free permit once you actually have a new job offer at hand for this new job. This is amounts to a catch 22 as explained in a previous post.

http://www.trust7.com/en/foren/visa_questions/stuck_between_auslaenderbehoerd_and_arbeitsagentur/re_stuck_between_auslaenderbehoerd_and_arbeitsagentur__33

It has to be borne in mind that there is no residence permit for enabling one to receive unemployment benefits. This is harsh since one expects to get the benefits after having contributed for at least 12 months to this fund. So strictly speaking, though eligible for unemployment benefits, the authority, after it has learned that the job has been terminated, can restrict the duration of the residence title. This happens if the title, issued for the purpose of working, may, for example, actually still be valid for more than a year. If one has not found new employment, the authority will issue a so called "Fiktionsbescheinigung", giving you time to find and apply for a new job. The Fiktionsbescheinigung is a certificate that is given to the applicant following his application for issuing or extending a residence title. It legalizes the presence in Germany and covers the duration pending the final decision of the authority about his application for the desired residence title. As regards a residence title for the purpose of working this period has to be used to present the authority with a concrete job offer. The duration of a Fiktionsbescheinigung depends on the circumstances of the individual case. Here, it could matter that one is receiving unemployment benefits and is successful in convincing the authority that one might shortly get a concrete job offer. It helps to document one’s job applications and prospective job interviews.

Another option is not to take the termination lying down in the first place. German law does not make dismissal easy, though, of course, not impossible.

http://www.trust7.com/en/foren/help_needed/employment_termination_via_mutual_agreement/re_employment_termination_via_mutual_agreement__4

If the challenge to the termination notice, succeeds one retains the job – and by consequence the residence title for working- and gains more time to search a new job with a different employer.



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