Hello Trust7 Community,

This is my first message and unfortunately it is nothing good. This site is really helpful for any information we need, I tried to search answer for my queries but the replies are a little old ones and I am told that the rules & regulations keep changing in this country. So here is my query.

I have recieved my job Kündigung letter today (23.08.2012), I will be officially out of my current company in a matter of 2 months i.e october this year. I have lot of things to do with related to tax refund and also applying for arbeitloss geld. I am here from March 2011 and have visa till 2014.

I would like to know how much percentage of my current salary would I get from arbeitsamt?

I think my visa will get shortened after I apply for arbeitloss geld and also I may just get some 3 - 6 months of temporary visa to find a new job. Is this true?

I have to get my tax refund for the year 2011, is there any dependend on my current job contract when I approach finanzamt for my tax refund?

Thanks in advance  

I think arbeitslos geld you wil find out best with arbeitsamt itself. There has been much discussion of being stuck between arbeitsamt and auslanderbehorde. I do not know if there has been change now.Can you challenge kundigung? That would be best.
Check following link where person has been in much the same position
http://www.trust7.com/forum/-/message_boards/message/77026

As far as I know, your residence permit will not be extended if you go there next time for extenstion, but will they shorten it, I do not know. Secondly, the job search visa was for 1 year. A friend of mine got it after his studies. Thirdly, its not the matter of choice to inform Arbeitsamt on job loss, one has to inform within 3 days from the day you are unemployed.

In order to receive ALGI (unemployment insurance) you need to have an open work permit (Beschäfitung erlaubt/Erwerbstätigkeit gestattet). Without an open work permit the Agentur für Arbeit will not approve your ALGI application. If you are eligible you'll receive 60% of your gross salary (67% if you have a child).

You can contest your Kündigung within 3 weeks (not knowing your situation, I don't know whether or not it advisable). You should probably go to the Agentur für Arbeit ASAP for advice.

Your current situation has no bearing on your 2011 tax return.

Good luck!

Thanks all for quick reply.

I myself don't want to continue with my current company so I am not keen in challenging the Kündigung.

Due to miscommunication I couldn't visit the arbeitsamt immediately within 3 days from the day I got the Kündigung. I managed to get a new one today so that I can visit the arbeitsamt tomorrow. After visiting them tomorrow I will have made many things clear which are in my mind.

Other set of queries I have is that if I am eligible for arbeitlossgeld and then if I am planning to visit India for couple of months to visit family and search job do I have to inform the authorities here? Is there any restriction that I can go to my country only for stipulated amount of time?

Currently I am searching for job here in Germany itself and also trying elsewhere. 

Thanks so much!

Ok here is the status. 

I had been to arbeitsamt today and the officer there asked me to visit ausländerbehörde (foreigners office) first and inform them about the job termination with my current company. Then I visited the ausländerbehörde and informed them about my job termination. They updated my VISA status to be independent of my current company and I have visa till march 2014.

Tomorrow again I'll visit the arbeitsamt and tell them about this information I have got from ausländerbehörde.

Will keep updated here so that it might help others who are / can be in same situation as mine.

Hi,

I am now stuck between Arbeitsamt and Auslanderbehorde. I have gone through many threads in trust7 which describe the same situation.

Auslanderbehorde is telling me that I have residence permit till march 2014 and I can apply for jobs and come back to them with a new contract from new employer i.e after getting a new job. The problem is that my VISA is employer dependent. As said earlier I am working from past 16 months now in Germany. Auslanderbehorde is not willing to remove my current employer's name from my VISA.

On the other hand, when I am visiting Arbeitsamt they are asking me to get a VISA which doesn't specify my current employer's name and only then I can apply for ALG. 

I request trust7 community to help me tackle this situation.

One more advantage having independent VISA it that it will help me get more job opportunities. But as far as I know we can apply for independent VISA only after working for 2yrs. 

Thanks 

This is what I told you in my previous post. You need to have an open work permit in order to collect ALGI. Since you do not have an open work permit nor do you qualify for one, AFAIK you are not eligible for ALGI. It is a common problem and I have not heard of anyone in your position being able to claim ALGI.

AFAIK your only option is to find a new position ASAP.

@indianingermany::

i have a similar situation  way back in 2009 ,,, my visa was also company dependent. The foreign office had cancelled my visa and handed me over a "Fiktions-Bescheinigung" . That was absolutely correct. Since i don't have job, the visa was cancelled. To me that was fair and correct.

But Arbeitsamt cared a damn about my my visa status. They never asked me anything about changing visa status etc....... They offerred me ALG for 1 year as i had worked for about 2 years.  Luckily it took  40 days for me to get back to work. and again i got a company depedendent visa.

As far as my knowledge is concerned (i am not 100% sure), the ALG has nothing to do with the visa status. I got that  (even many others), even i don't have a valid visa in hand.

Just look for the ALG laws and find out how it works. Take a printout and show that to Arbeitsamt. Try to convince them .  No one is bigger here than the law.

Best wishes.

Search here  This will help you. ::
http://www.arbeitsagentur.de/nn_25634/Navigation/zentral/Buerger/Arbeitslos/Alg/Voraussetzungen/Voraussetzungen-Nav.html


@Request to all memebers::

Please don't post any kind of statements , until or unless you are 100% sure. If you sure, then please corrborate your statements with valid facts. That would be really usefull .

Why are you assuming that not having the right to work in Germany would not be a barrier to receiving ALG I?

When I applied for ALGI a few years ago the Agentur für Arbeit wanted to see an open work permit before they would approve my claim. Their argument was that I needed to be able to work here and part of that includes having the right to work here. IIRC their arguments were based on the definition of Arbeitslosigkeit in § 138 SGB III.

Instead of us speculating on the matter, Indianingermany can request a written refusal from the Agentur für Arbeit if he wants to know why they don't want to grant him benefits.

@Ariaane
"Why are you assuming that not having the right to work in Germany would not be a barrier to receiving ALG I?"

It is as simple as  it can be , i had contibuted to that Fund and that is  my "LEGAL RIGHT"  No one can deny me that  at any cost. The ALG is never contributed  depedending upon the dependent/independent work permit.

@Indianingermany
Look someone who is working as "Sozial-Berater /Ausländer beratung stelle." They will help you out, in case Arbeitsmat is not registering you.

All the best
Servus

Dervish,

I'm sorry, but it is not that simple. Although it is a necessary condition, making unemployment insurance contributions does not confer an automatic legal right to receive ALG I benefits; ALG I claimants still need to fulfill all the requirements set by law. It is a fine distinction, however, a very important one.

For example, someone who has only contributed for 11 months is not eligible for ALG I since the minimum number of contributions criterion has not been fulfilled. However, at the same time, the individual is not eligible to have his premia refunded.

Many Agenturen für Arbeit take the position that foreigners without an open work permit have a Rechtshindernis that prevents them from meeting the "steht dem Arbeitsmarkt zu Verfügung" criterion. If you do some research you can find many court cases on the matter, however, I did not manage to find any rulings that explicitly agree with your claim that it is irrelevant whether or not a foreigner holds an open work permit. Please cite an official source supporting your opinion (I would like to remind you of your own request to provide facts and sources). 

More importantly, unless indiaingermany can convince the Agentur to see things your way, he could be faced with a long drawn out legal battle to pursue his claim requiring time and effort he could otherwise use for finding a new job.

Indiaingermany, I would strongly recommend you find someone well-versed in SGB III (not necessarily immigration law) to advise you and help you write a letter to the Agentur trying to convince them that you fit the definition of Arbeitslos. However, I'd also recommend that you not focus all your energy on claiming ALGI and also make time for applying for a new job.