Dear all
I need an advice from you all in my situation.I came germany with my husband 2.5 years back.I am working from last 1.5 years.I have one son and i am expecting another baby.
Now I am in problem
I have my job contract ending in june2010.There is a little possibility of extending of my job contract as my expected date of baby is in July 2010.
Meanwhile I am having alot of problems with my husband. He is having NE but my visa is inde-pendent of his i.e.§18.It seems that we will not be living together in near future.So i am thinking of quitting from this relation.
I have got letter from auslanderbehorde that i will get BE in june as i will be completing my 2 years of working and 3 years of living in germany.
What are possibilities form me?
1. Is there possibilty to get visa extension without job contract.If i get visa extension then I may get arbeitslosengeld that would be sufficient for three of us(me and my 2 children)
2. Should I go back to india immediately after ending of job.

Seeking a trustworthy advice
Regards
Deepa

Hi,

First to get a BE, the rules have changed and its enough if you have spent 2 yrs in Germany. My wife has this, without even having a Job. (We got it in Frankfurt)

This is my personal view: Seperating from a married partner is really a hard decision and hope you are thinking in the right direction. I would suggest you to stick on to it for some more time, till you get things settled at your end (Like finding an alternate job after getting BE) and then think of seperation.

In he meantime you should be eligible for elterngeld and kindergeld aswell.

All the best!

@deepa
There is a law in Germany i guess since 2008 or so that you will receive certain percentage 70% of your last pay for a certain time (3 years or so). This is mutterschaftsgeld if i am not mistaken. Plus you get kindergeld for your child.

I felt deeply pained reading your story and situation you are in specially when you are in family state. Not sure the reasons in your case.

so you have 2 points of Survival
1) Arbeitsloschengeld (ALG1) if you have paid when you were employed.
2) Mutterschafts urlaub which the govt gives you if you have given birth to a baby. This is new law from 2008 or so.

About Visa, i feel you should get for job search especially since you have 2 kids and have a marital problem. Explain to the ABH guys there. They should understand your situation.

Also i feel you can derive support from your husband if he deserts you. As he cannot get off by having 2 kids. Its his responsibility too.
See if you can get some advise from a lawyer.

Take courage and take this man who is deserting you head on. After all in Germany Womans rights are well protected.

My final advise to you. If you have strong family support back home. please come back if after some time you do not get a job (i mean when you are able to work). till you are nursing you child i feel you would get some support.

This tips i am giving based on my personal knowledge. you can definitely mail me for any further assistance at saviosn at gmail dot com.

regards
Savio

@Nomad13
Thanks for ur inputs.Can you please tell about this new rule, that states after 2 years of living in Germany one is eligible for BE.Because at present till june I have a job and things will become easy for me to get BE and visa extension-
@Savion
Thanks for ur views.Do you think visa extension will be possible in my situation if i have no job.
@Dear all
Please give your inputs as i am seriously in problem regarding visa extension.

with regards
deepa

I dont see any problem with your visa extension. Even with Arbeitslosgeld, you are legally permitted to get extension.

But the duration of the visa may be very restricted. It could be upto the end of your Arbeitslosgeld period. All depends on the Beamter/in.

@phareng

2. Should I go back to india immediately after ending of job....

I would just emphasise on this particular aspect of your problem. Seperation and going to back to India is not an option at this stage. It would rip the family apart and deprive the kids from father's presence and affection.

I have not only trustworthy but a very mature advice for you, I just hope you have to stomach to digest it.

I am not sure if you have heard the concept of "open-marriage", it would be a very good solution in your case. Let him live his own life with the woman of his choice and feel free to do the same. Legally, you would still be husband and wife and in a year or two, once you and kids have got your citizenship, you can reappraise the situation. Who knows, you might fall in love with your hubby again or meet someone here in germany to start a new life all over again.

Hi Deepa,

1. You are entitled to Arbeitslosengeld if you have contributed 12 months into the Arbeitslosenversicherung. Independent of this, you will normally have the right to demand Support (http://dejure.org/gesetze/BGB/1615l.html) from your partner, normally up to three years after the date of birth (but read the law).

This forms of income should be enough to get BE and a renewal of the residence permit.

2. a lot depends on how/if you leave your husband,
here is a link to an article on Wikipedia describing the divorce procedure in Germany (http://de.wikipedia.org/wiki/Scheidung), it is a complicated and very costly issue, specially for non germans as foreign law will probably have to be applied (do you both have the same citizenship?). It can be a nasty and poisoning process.

Certainly the best would normally be to see a relationship counselor (Paartherapeut) and see if the relationship can be saved, maybe the problems are just temporary. If not, then you need to think of what is better for you and your children, and what sort of support (not just financial but also emotional) can you expect in Germany and in India.

Hope that things become better,

-a

Thanks Aalvarez for the links and suggestion above.They may become useful.Lets see how things move.
Thanks AkshayFor the suggestions.

Right now I am thinking to opt wait and watch policy and see how the time turnsout.
I will also try to save the relation but alot depends on my husband what he contributes.Will update regarding this in near future.
If others have any suggestions please contribute.

Hi Deepa

Well, I think is quite too much for you. But only you can decide if you stay with your husband or not.


First things first.

I guess, as some other colleagues you can easily get visa extension. The minimum time could be the time you are allowed to get ALG,this is calculated with the parameter given by Aalvarez.

Once residency in DE is solved, go for the second. You will get ALG but if you are alone, you will get A LOT of help from the government for your rent. See this

http://www.sozialleistungen.info/foren/anspruch-und-leistungen/t-alleinerziehende-mutter-finanzielle-unterstuetzung-5878.html

Third, you are such a brave person to front all by yourself, maybe is a good idea to take advice from people experienced in that problems. I found this thread, somewhere in Germany, but anyway maybe some of the www appearing here can point you to a "Beratungsstelle" near your place.

http://www.allein-erziehend.net/forum/beitrag432.html

Best wishes and keep us informed!