Hello All,

I am a GC-holder trying to get BE ("beschaftinung erlaubt") in Hessen, Frankfurt am Main. I applied for it in February 14th, they received application in ABH and said it would take alot of time to process it. Today is July 18th, no answer from ABH/AA yet.

Now the bad thing: AA in Frankfurt are really trying to make our lives harder. Notwithstanding the fact I work in Germany for 4.5 years already, they launched that ugly "Abreitsmarkspruefung" for me. They sent to my firm a request to provide "Stellenbeschreibung". I was naive enough to think this is normal and legal procedure to get BE. After receiving a reply from my firm, they keep silence for more than 2 months already.
I expect them to come back with negative answer since my firm gave very formal and genarel description of my job so the guys in AA will certainlty find an unemployed person in their database to "replace" me with "real german worker".

What I can do to fix the situation?

I heard about BMI letter addressing exacly this issue...

Quote

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Posted on 29/06/2005 6:42 pm

Re: 9 BeschVerfV trick problem.

As I do remember in the mail that we have received from BMI, was explained that GC who are more then 4 years in DE or 3 years working in DE do not need AA chek and if some Behörde are making missunderstanding and problem should BMI informed.

<<<<

PLEASE HELP ME TO FIND THIS LETTER!!!

You can get it from me.

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please see the post below:

http://www.trust7.com/en/forums/visa_questions/be_or_and_eg_in_hessen_impossible

i do not understand it any more.

cedomir, please check yr inbox, i dropped a memo.

pwehrli, the situation is pretty clear. They are trying to combat unemployments rate in Germany, by any means.

Here is the link where you can download the magic letter

http://www.e77.de/download/

Cedomir,

the download page seems to contain only the first page of the letter scan. The most essential part of the Letter begings just at the bottom of this page...

Could you please fix it?

We all are so eager to get this letter.

PS.
Many thanks to those you guys who participated in this action!

The *.tif file in that link includes both of the pages. There is nothing to fix.

Find a proper viewer for *.tif files or check the options of the existing one :-) .

Today is July 18th, no answer from ABH/AA yet.

Klage wg. Untätigkeit ;)

"VwGO § 75
Ist über einen Widerspruch oder über einen Antrag auf Vornahme eines Verwaltungsakts ohne zureichenden Grund in angemessener Frist sachlich nicht entschieden worden, so ist die Klage abweichend von § 68 zulässig. Die Klage kann nicht vor Ablauf von drei Monaten seit der Einlegung des Widerspruchs oder seit dem Antrag auf Vornahme des Verwaltungsakts erhoben werden, außer wenn wegen besonderer Umstände des Falles eine kürzere Frist geboten ist. Liegt ein zureichender Grund dafür vor, daß über den Widerspruch noch nicht entschieden oder der beantragte Verwaltungsakt noch nicht erlassen ist, so setzt das Gericht das Verfahren bis zum Ablauf einer von ihm bestimmten Frist, die verlängert werden kann, aus. Wird dem Widerspruch innerhalb der vom Gericht gesetzten Frist stattgegeben oder der Verwaltungsakt innerhalb dieser Frist erlassen, so ist die Hauptsache für erledigt zu erklären."

"they launched that ugly "Abreitsmarkspruefung" for me. They sent to my firm a request to provide "Stellenbeschreibung"."

you shouldn't tell them any information about your employer in the first place ;)

"What I can do to fix the situation?"

you can talk now with a would-be employer and convince him that he risks nothing if he employs you without "green light" from local officials. letter from BMI would surely help here, as well as some letter from ZAV in Bonn sent as an answer on the letter from would-be employer, in which he will ask whether you really need to pass AMC

"" you can talk now with a would-be employer and convince him that he risks nothing if he employs you without "green light" from local officials.

Mr. "-", sorry for being not exact about my situation: I DO have a job, for 4.8 years already, from the beginning of my Greencard term.
My bosses are very eager not to lose me. I started procedure to get BE just to have more comfort when applying for NE.

How do you think, is it legal to do "Arbeitsmarkpruefung" in such situation, i mean, with person already employed?

"How do you think, is it legal to do "Arbeitsmarkpruefung" in such situation, i mean, with person already employed?"

it's absolutely illegal *lol*

btw if you already live and work in Germany for 4.8 years, continuing to pursuit your initial intention - i mean BE - seems meaningsless to me. it would be better to take your application for BE back (that will stop their "Arbeitsmarkpruefung" as well ;) ) and apply for NE; now that you learned how officials work i would guess that your employer will not fill out and send the officials the form for another "Arbeitsmarkpruefung"

UPDATE:

The story is over with a partially positive result. After 5.5 months, i've got my E.G. in Frankfurt/Main, Hessen.

The tricky thing is: expiration date is the same as in my former (Greencard) AE (only 3 months left). I hoped to get a 2-years-long AE, but they told me I need to put additional application for that.

And, good thing: "Stellenbeschreibung" formular was not "Work market check" as I supposed. Just pure formality, but a very lenghy one.

Hi gerry,
congrats !

surprisingly they took long. could you share what is written in your Auflage (passport stampt für arbeitserlaubnis) ?
You could have spare time if you had provided them at very start that stellenbeschreibung from your employer.
However it ended for u in a positive manner.
You should apply for NE soon now, because its processing takes also more then 4 months in HE.
-Regards,

"The tricky thing is: expiration date is the same as in my former (Greencard) AE (only 3 months left)."

lol that's cute! they gave you the thing when you actually cannot use it anymore

"" could you share what is written in your Auflage (passport stampt für arbeitserlaubnis) ?

New visa has only one page. In fact, it looks very similar to N.E. that my friends in Frankfurt already have, the same blank template used.

There are two specific features of this visa.

1. "Anmerkungen" field: §18

2. Below, two nice words: "Erwerbstaetigkeit gestattet".

I was applying for B.E. only, but they gave me E.G.