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Visa Questions

Nachtraegliche Befristung des AE

Umschalten
Nachtraegliche Befristung des AE
Antwort
16.01.06 23:02
Hello fellow GCer. For the past 4 years I managed to get along quietly, but lately I have an urgent problem I can not find a solution for.

I've been on 'Arbeitslosengeld' for some time now after I lost my job. Due to urgent family matters (critical health of a family member) I had to go abroad and take care for the past 1 month, and still this matter is going on.
Before my leave I informed the 'Sozialamt' that I will be missing for a while, so I am not getting any 'Arbeitslosengeld' now.
My GC is expiring on the 1st of November 2006.

In the meantime, I got a letter from 'AB' informing me that the reason for me getting the 'Aufenthaltserlaubnis' according to §18 'AufG' are no longer valid (as I am not working at the moment). Further, that my 'AE' must be 'nachtraeglich befristet' according to §7(1)(2) of 'AufG'. It seems like they want to restrict my AE for another 1 or 2 months only.

I've read carefully the 'BMI Hinweise' for §7 (7.2 - 7.2.2.8, pages 44-46), but my case is not addressed there. I know of the existence of 'BeschV' §46.2 giving 'unbefristet AE' for GCers but this seems to apply only for persons working at the moment.
I am not sure the fact that I am abroad now and obviously can not start working immediately in Germany will be taken into consideration from the 'Beamten' -- that was my impression from a phone call I made to AB. They even threatened to 'Aufenthalt beenden' in my absence (I do not know what this exactly means?) if I do not show up in two weeks with my pass at the AB.

I will be very thankful for any advice so that I could avoid the 'Befristung', as I am not sure I could be back on time to Germany and get a job during the limited time. I still want to come back and continue towards NE here, however.

I know German quite well and could also translate my message if somebody wants more precise details.

Thank you.
Peter
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Re: Nachtraegliche Befristung des AE
Antwort
17.01.06 13:46 als Antwort auf Peter A.
Hi Peter,
You have an interesting corner-case here. Not being in Germany for the moment and not having a job make the things complicated for you. But I still think that revoking a residence permit is not legally ok just because you became unemployed.(Provided that you didnt have any "Erlischt" clause on your residence permit)
If I were you, I would post the same question in this Internet Forum where ABH officers also share their opinions:
http://www.info4alien.de/cgi-bin/forum/YaBB.cgi

I would also consider to get a legal advice from a specialized lawyer.. please do inform us regarding the outcome..

Good luck

Lacrima
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Re: Nachtraegliche Befristung des AE
Antwort
19.01.06 10:30 als Antwort auf Peter A.
Thank you, Lacrima.

Yes, I do not have an "Erlischt"-Klause, and as a matter of fact I have already changed employeers with no problems.
I did write to the info4alien forums hoping to get some advice there, here is the link:

http://www.info4alien.de/cgi-bin/forum/YaBB.cgi?num=1137655287/0#0

As for the legal advice, I would be glad to if you can recommend someone (I read there is a team recommendended by trust7?). But as I am abroad currently, (s)he should be quite flexible...

Thanks again, and I hope to hear more good advice and ideas.

--
Peter
0 (0 Stimmen)

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