Hello Friends,

I am in a difficult situation where i have lost my Job since Dec 2006(i had been working with same company for past 4.5 years).
My Green Card will be terminating in May 2007. But i have got my
Arbeitslos-1 status for one more year till January 2008.

Now what options do i have?

1.Can i extend my Visa in May2007 when i am Arbeitslos-1 or
2.Is is possible to apply for Niederlassung when i am Arbeitslos-1

It would be really nice if i could get some information soon for
extending the visa or someone who has experienced the same
problem/similar situation could share his experience.

Regards

Louis

1. If you found nothing until May u have to place a written Antrag before you green card expires requesting to extend your Aufenhaltserlaubniss. It is very likely to be extended for the time u r still entitled for ALG-I i.e. December 2007. Depending on the Auslanderbehörde they will either extend your current visa or will give you a Fiktionsbecheidigung - can't say in advance but you are very likely to get one of those.

2. Technically you can, but it is very hard to prove that your 'Lebensunterhalt gesichert' being arbeitslos. I heard of people having problems with NE when they were employed, but their job was 'Zeitlich begrentzt' so they were known for sure to leave their current job in a few month after application date. I would apply for NE close to December 2007 if u still got no job, because then you would probably get some extention for the period of time you application is considered.

Hi

1-) Probably yes.
2-) Probably no.

If you are unemployed, the decision to be taken regarding your residence is mostly at the discretion of the ABH and believe me, it is not nice to be at their discretion.
So find a job otherwise you may risk to lose your residence-status.
The Golden Rule is "try to avoid long term unemployment periods before getting the NE"

Regards,

Lacrima

@lujose

If you had BE then your visa could be extended indefinitely

As long as you are have an income, and ALG I guarantees this for atleast one year, you are entitled to Niederlassungserlaubnis. The fact that you lost your job is not your fault. So you just confidently goose-step into the Auslanderamt, put on your best smile, and apply for the thang. They must give it to you.

"They must give it to you"

Wanna bet on that ?

Again..
The decision is at ABH's discretion when you are unemployed and getting ALG-1. Because your livelihood is not guaranteed on the short/mid-term. They may give it but no obligation or law forces them to do so in such a situation. (No "must" case)

Please dont create false hopes and try to avoid to comment if you are not sure.

EOD

Regards,

Lacrima

I am ready to bet, how much u staking?

I really start to lose my motivation to post in Trust7, as the community is getting really shallow here. Factuality and intellectual level of the discussions suffer quite badly.


@lujose
Forget all I have said. ALG 1 is not a problem at all, as the expert caligula states. ABH must do everything you request. ABH becomes even happy, when an unemployed person applies for a permanent residence permit. They especially value and support unemployed people and issue them permanent residence permits together with a red carpet rolled out in front of their feet. So dont be surprised, if they offer you the German citizenship together with the NE. It is part of the special treatment, they do for the unemployed people.

Regards,

Lacrima

Count me in - I am with Lacrima. I think you can apply for NE, as the question was initially formulated, and application will be considered, but the chances of positive decision are slim to none.

Akshay - could you please give more information regarding indefinite extension of visa in case he gets BE or has BE already? Related publications and referring paragraphs? Will strongly appreciate that.

Regards

Mikhail

@caligula

It is very stupid to mistake ALG-1 for "Lebensunterhalt gesichert", which is just a temporary relief to help you find a suitable employment.

How about speaking to your bank manager for a loan when your income for the next 12 months is secured from ALG-1 :-)

@mkorobeinik

Well, there is nothing special with BE but the ABH is obliged to extend your visa as long as you can show that you are working, even as a gardener in your neighbourhood :-)

Didnt know this would boil down to barely concealed insinuations and outright insults. However, I refuse to involve myself in cheap mudslinging with the "intellectuals", and grandfather-know-alls of this forum.

I talk out of experience(even fools learn from experience isnt it?) bse I got NE-EG when i was arbeitslos btn 01-Feb-2006 and 30-03-2006. For NE-EG I presented the ALG-I Bescheid from Arbeitsamt. No further questions were asked although I recall the Beamter consulting an extremely thick book, Deutsche Grundgesetz or something like tht. I gathered that this was the Abteilungsleiter bse i was referred to him after the others admitted unfamiliarity with this new EG-Aufenthalt.

Eventually he asked me to come back after he had familiarised himself with this new directive and its requirements. Assuming that i lodged my application about mid feb, this Beamter had atleast 4 weeks to detect any Unstimmigkeiten between my Antrag and the Voraussetzungen for NE-EG. Ohne Zweifeln hat er meinen Antrag genau unter die Lupe genommen. Da kann man sicher sein. Otherwise he wouldnt be German.

On 20-03-2006 I was handed my passport with NE-EG. Infact the Beamter informed me that the delay was bse they did not yet have the special sticker for this new NE-EG.

Caligula you were very, very lucky.
There is some law manual that says that even the befristet employment in some cases is not enough for NE. But Beamte has a freedom to judge himself if your Unterhalt is safe. I also know some people who got NE being Arbeitslos, but I also know some who couldn't get NE although they were working. In my case they wanted the proof that my Vertrag is not gekündigt.

That could well have been the case and indeed i did walk into the Auslaenderamt not without some apprehension. I was afraid that my arbeitslosigkeit might be a Hindernis. But even then, I was prepared to put up a strong argument, with a smile naturally. Always smile when u engage these Beamtern, it cud bring good results.

@caligula

The only plausible explanation for this would be ABH was hoping that with NE-EG you would f*** off to some frog-eating/pot-smoking country in europe and they don't have to pay ALG anymore :-)

Akshay, thanks, the way I read your first reply about BE was that BE by itself (without employmet offer) can be the reason for visa extension. From your second replay I realized what you initially meant.

All the best

Mikhail

@akshay
u r nauseating, it would be beneath anyones dignity to respond to your sewer-mouthed responses. Surely reminds me of sewage.

@caligula

However, you did response. Anyway Peace!!!