Please help! Urgent Situation!!!!

The project I have been working on as a researcher at the University of Munich has been cancelled few days ago, and we all received termination of contract (Kundigung – 31.01.2006). It was possible to give us only 2-weeks notice, as we were all in the Probenzeit. To fix the situation, Professor has offered me a new contract on the same job position for two more months. My original contract was for two years, and an Aufenthaltserlaubnis had been issued on those grounds.

What should I do now?

Is it necessary to go immediately to Auslanderämt so they could cancel the old one (issued for two years) and issue me the new one valid only to the end of March?

How long is a legal period after which the Auslanderämt must be informed about the shorter contract time? (It would save me a lot of trouble if I could go there just few days, or 2-3 weeks before the end of new shortened contract, as I will probably get a new contract in the meanwhile. So it would save me from having visa cancelled and reissued several times, and paying them every time for the same thing…)

What I would exactly need to know is:

- Is the cancellation of the contract (and therefore grounds for the visa) automatically transferred from the employers to Auslanderämt,
or it is the responsibility of each person holding such residence permit to inform Ausländeramt before the contract ends? In this case, how long before the termination of the new, shortened contract, I must inform the Ausländeramt?

Also,is there any grace period after the termination of the working contract (e.g. one month), during which a person is allowed to stay in Germany and search for another job position? If there is indeed such thing, how long does it last, and when would I need to apply for it (if it comes to that point – and hopefully it will not…)?

Thank you a lot!!!!!

Dear friend,

1. Please tell us what is written in your VISA. what are the exact words.

2.I suppose you did ur studies ( MAsters also here )is this true ?


A point which I can suggest are the following :

--Take the new job offer for two months immediately and start lookign out for new job.


We can shed light once the nature of your visa is known.

Hi, Thank you so much for your help!!!

I haven't finished Masters here, but my Dipl.-Ing. title was confirmed as an equivalent of the German Dipl.-Ing. and I had very interesting diploma thesis, so I was invited to work (job position) as wissenschaftliche Mitarbeiterin / (PhD) research assistant at TUM.

In my visa writes the following:

Aufenthaltserlaubnis, valid bis 18-09-2007
Anmerkungen: gem. 16 Abs. 1 AufenthG. SieheZnsatzblatt Nr. 03911854, …(I can’t read it)

On the second page:
Unselbstäandige Beschäaftigung nur gem. 5 Nr. 1 BeschV als wissenschaftliche Mitarbeiterin im Rahmen der Promotion gestattet. Der Aufenthaltstitel erlischt mit Beendigung-Abbruch der Promotion am Institut für Informatik der TU München. Selbstäandige Täatigkeit nicht gestattet. Unsebständige Beschäaftigung bis zu insgesamt 90 Tage oder 180 Halbe Tage im Jahr sowie studentlische Nebentäatigkeit erlaubt. Keine weiteren gültigen amtlichen Eintragungen.

So, I have been working here on a BAT IIa salary, full time, and I was supposed to matriculate as a PhD student in the next several months, too (when I decide upon the PhD thesis title).

I can send more details by email…
Tnx a LOT!

So Now Analysing with a focus on

a. to stay on or complete the education in Germany.

b. The Impact on the Arbietsamt.
c. Next options.


Analysis:

1. Your visa is bound to TUM. The visa gets cancelled once the TUM relationship ends.

In My opinion,You can try going over to the Alien office to try rto get the binding to university cancelled( I Dont know if its possible for students in Phd but I, GC holder, had one and this forum helped me to get it cancelled !!) so First try this.Then you have time.

Next, In My opinion, grab the option given by the institute for a two month extension. Since he has offerd you two months, bargain for 4 monthns ( Its unlikely that Germans will give ,,,but , beg plead , lick ..all men and women are suceptible to this age old phenomeon !!)

These are effectively to increase your stay in Germany its NOT a solution. You buy tim ehere, which is important and then. Begin looking out for Phd.or whatever.

Now ON forien office impact,
Its on the applicant to inform the concerned office. you have tim etill 31.01.06. or once a new contract is given.

Good luck...You will see better solutions when others wake up to this need !!!

"In My opinion,You can try going over to the Alien office to try rto get the binding to university cancelled"

This is not possible. A GC Status is a loooot different than a student status. Her/His residence permit was canceled at the day he/she received the Kündigung.

Alternatives are:
a) To find a new place where he/she can continue his/her student status.(or Wissenschaftliche Mitarbeiter status)
b) Find a "normal" job and go through the job-market check and get a new residence permit based on the new job.
c) Leave Germany.
d) Another alternative would be to take one year job-search visa but this case is valid only for the students who get their degrees from German Universities.

Regards,

Lacrima

hallo, i would suggest everything mr. lacrima post except point "c" which is exactly you want to avoid.

Sorry Pals, I want to drop my opinion.

First of all take the Professor offer NOW. No question about it. You need the time and the money.

To the rest of the T7 group, please correct me if I'm wrong but the Visa of Annnna is not valid anymore. In the "Ammerkungen" the friends of ABH are telling that if she stops/abbort her Doctorate studies then the visa becomes invalid.

That could mean that you should go to ABH up to 31.1.2006 and tell them your situation.

But yet worst: tecnically, you've never started your "Promotion" isn't it?

I think if your (planned) Doktorvatter is a good man, you can start with him a Doctorate project, maybe long term planned and you can start working without being payed. (I did it once in my life, part of my sad stories...) This will assure your permanence in Germany and you will have to find an additional money source (the first times could be hard BUT if you find a job surely with a Doctorate work in process and a job ABH will change your visa inmediatly for a better one.

So, please don't fight me. These are just ideas comming from a friday day!

Good luck

important is if this 2 months job is PhD student job or not
if it is Promotion job THEN YOU DO NOT NEED TO CHANGE VISUM because it is still Promotion job at the same Uni.


So my advice is:
-take this job and try to get 3 or 4 months
-say to profesor to arange it as PhD job (if he plans something else)
-search for another job in the mean time
-FINISH PhD because if you do it you get another 1 year to search for a job

Hi to everybody
and thank you so much for all your help and advice!!!

I will surely listen to your advice and accept this 2-month contract, and I hope to get news in early February whether the original project is going to be restarted on 01.04 or not (at least I was told that they would have this information by that time) … Otherwise, I would be grateful for some links with IT/Electrical engineering jobs. I’ve got quite high qualifications and skills, but I am afraid of the length of the procedure for starting new job. I was told that anybody who would like to employ me now, would first need to start legal procedure which involves proving that there is no other German that has skills for that position (already proved for my current job), nor another EU citizien (is this true?). Do you maybe know how long this procedure usually lasts, and what is the usual response time of the companies here in Munich when you send them your CV, and they are interested in having an interview with you? Also, what are the implications for the visa if for some reason I need to change employer (for example from Institute to Company)?

Unfortunately, the most critical question at this moment is whether I am legally obliged to change my visa now (before 31.01.) or just before the end of new contract (31.03.).

The fact is that this 2-month-contract is for the same job title (wissen...Mitarbeiterin) and at the same Institute, and with the same Professor, so actually it only influences length of the contract (which was previously 2 years, and now 2 months).

Ao ahe question is: Am I legally allowed to wait 2 weeks (or some other period of time) before the end of the contract on my job POSITION (wiss. Mit..)
OR
I am obliged to cancel the visa whenever ANYTHING in my contract is changed (even if the job title and employer stay the same) and ask for a new one.

However, I still haven’t signed that new 2-month contract, just some precontract, and I was given a letter for Auslanderamt in which they request change of my 2-year visa for a visa limited to 31.03.2006 due to the work on shortened research project.

Please help – soon! Monday is coming quickly …….

Thank you all a lot!

Most important question is:
WILL YOU GET PhD in this 2 months???

if YES than you will get 1 year visa to search for job in Germany. in that case shorter visa is not a problem cos you'll get another.
but if you do not know will you get PhD than try to talk with your firma and prolong your stay until you reach PhD.
If you do not reach PhD you will not get job-search visa, so you will have to find job in this 2 months which is very hard because of job market check.

Hi and thanks for all the help

Unfortunately, I have just started a PhD, so there is no chance that I can finish it in two months

I must go to the ABH in the afternoon with a colleague from the University, to have my Aufenthaltserlaubnis cancelled and issued a 2-month one.

I received some new information about Aufenthaltserlaubnis-es issued upon Paragraph 16 - which explain that Aufenthaltserlaubnis is a study visa for Promotion, and that Aufenthaltserlaubnis is not that closely coupled with the contract on the project.

Therefore, I would not need to ask for a new A., but the administration of the University insists on it. And I’ve been (indirectly) told that if I do not show them a new shortened Aufenthaltserlaubnis, they will not issue me 2-month contract, and I will have to get out of the country on 31.01.

...
So, it's probably too late for me to change anything, but I will post the news here, in order to help anybody who happens to get into such an awful situation.