Friends I need help,

I had a really bad experince with the auslandamt in bayern.

I was a greencard holder and I am arbeitslose for the last 2+ years, my wife is also a greencard holder so became dependent on her visa I got the umbefristet arbeitseralubnis form the arbeitsamt last year.
I had a new passport so I went for the transfer of visa to my new passport.
Now they have given me "Erwerbstätigkeit nicht gestaltet" I dont understand it.

I know for the dependent of the greencard holder will get arbeitserlaubnis after 1 or 2 year.

Please help me on this.

Thankx in advance

Itrust7

"I know for the dependent of the greencard holder will get arbeitserlaubnis after 1 or 2 years", that was in the old law, but still something is wrong.

D.

Hi Itrust7

There is something I don´t get at all: why did you ever receive this Visa? You can´t even left the office with a kind of visa like this. You cannot accept it.

But there´s a lot of details that could help and we don´t know:

1- When you arrived to Germany
2- In which city are you?
3- The text on your visa you posted "Erwerbstätigkeit nicht gestaltet" is the correct one or you have misreaded something?

Hi,
@YO

1- When you arrived to Germany
I arrived end of 2000
2- In which city are you?
neuburg
3- The text on your visa you posted "Erwerbstätigkeit nicht gestaltet" is the correct one or you have misreaded something?

this is correct "Erwerbstätigkeit nicht gestaltet"

I do not know how to proceed now.

thankx

it must be "Erwerbstätigkeit nicht gestattet"

gestattet = allowed
gestaltet = constructed

Hi
@Akshay

Sorry it was a mistake
it is "Erwerbstätigkeit nicht gestattet"

Sh.. Itrust7!

Fu...g people from Neuburg. The city is beautiful but the ABH is awfull.

I arrived to that ABH when I came here and they wanted to send back my family to my country because they told me that my GC only covered myself and not my family.

I know them quite good!

No time now, but I´ll post something tonight. They are wrong 100%

Hi
@ YO

can I have your email id ?


I am frustrated by this people and I dont know how to proceed,

any suggestions ???

itrust7
"so became dependent on her visa I got the umbefristet arbeitseralubnis form the arbeitsamt last year."


Thing is quite easy. You have at least 3 but probably 4 different ways to have Erwerbstätigkeit gestattet or at least Besch. erlaubt.

Easiest way is this. You got old unbefristete ArbE. I think Arbeitsberechtigung is right name.
So this AB is still valid. I hope you still have that peace of paper.
It is valid according to §105 AufenthG
http://www.aufenthaltstitel.de/aufenthaltsg.html#105
§ 105 Fortgeltung von Arbeitsgenehmigungen
(1) Eine vor Inkrafttreten dieses Gesetzes erteilte Arbeitserlaubnis behält ihre Gültigkeit bis zum Ablauf ihrer Geltungsdauer. Wird ein Aufenthaltstitel nach diesem Gesetz erteilt, gilt die Arbeitserlaubnis als Zustimmung der Bundesagentur für Arbeit zur Aufnahme einer Beschäftigung. Die in der Arbeitserlaubnis enthaltenen Maßgaben sind in den Aufenthaltstitel zu übernehmen.

(2) Eine vor Inkrafttreten dieses Gesetzes erteilte Arbeitsberechtigung gilt als uneingeschränkte Zustimmung der Bundesagentur für Arbeit zur Aufnahme einer Beschäftigung.

Did you maybe forget to mention to ABH that you have ArbBer?

Hi,
@DvD

I have mentioned to them that I have arbeitserlaubnis

infact I have umbefristet arbeitserlaubnis, yes I have that paper still with me.

in my new aufenthaltstitle they have added next to the "ANMERKUNGEN : nach §18 AufenthG"

Now the strange thing is I have Arbeitsgenehmigung (paper from arbeitsamt) and my visa says Ererbstätigkeit nicht gestattet.

thanks

So they are something.
You should call them and explain that you have valid AB and they MUST give you Erw.gest. in pass.
Talk first with some simple Beamter, and than to Schef if needed.
If it does not help print Law and go there.
If it does not help do Antrag auf Auflage Auhebung. Do not use my because your case is completely different.
If they turn it down raise a Widerspruch.

If you have some geld or Rechtschutz than take a lawyer.

Hi,

I plan to go to them next week and try to to explain the whole issue , may be I should talk to the chef.

can you give me the link to the document which says the GCs dependent can work after a 1-2 years

thankx

You are not familiar with law right.
There is no such a document because there is no GC any more.
I gave you text and link of the law that says that you old ArbErl is still valid.
That is all you need because ArbErl is ArbErl and if the law says it is still valid after 2004 than it is valid. It does not matter what visa you have.

I would call ABH first and if I do not make it, I would call lawyer.
But since you are not that strong with laws, maybe it is better to get a lawyer.

Hi Itrust7

Sorry, I´m about to travel, my life is a kaos.

Well first of all agmmza2002 at yahoo.com

Second: please read four times the messages from DvD before going to the ABH. The amount of patiency they have is around zero and if your first argument is not contundet, their mind close automatically and they hear you anymore.

Maybe is a good idea to call a lawyer. They can solve your case with a simple telephone call. I think your case is very evident

Hi YO,

Thanks for your reply
I will write you a mail

Regards

"I was a greencard holder and I am arbeitslose for the last 2+ years, ..."

Heh they obviously did this in order to not to pay you Alg II. did you get a notification from local employment office already about suspension of payments?

When did this thing in immigration office happen - how much time passed? and what was written in your residence permit before? what exactly have you applied for - what kind of application form did you fill out?

2 DvD: if he makes an application for "Auflage Aufhebung", that would obviously mean that he accepts the new "Auflage". It's not a way. He needs to get a lawyer who will do the following:
1) take a look in the records of immigration office in order to see which administrative decisions and which mistakes immigration office has made;
2) act accordingly the information that those records contain.

appeal in this case can be raised within 1 year (§58 VwGO), so he has plenty of time.

lol all my questions could be cleared out instantly if i got look in the records that immigration office keeps about him. no need to answer the questions - without those records i can not tell anyways what exactly has to be done.

btw one advice - NEVER make any application on the spot, you will not have any proof on hands if you do that. much better to fill all documents at home, make copies from them and send the documents to officials as a registered letter.


P.S. it is right that in case of lawyer 1 telephone call may help, even if officials are right in principle. there is such a nice thing as a "Dienstaufsichtsbeschwerde" ;)