Hi everybody,

I always read this group and it has provided useful information for my stay here in DE.
This is just to share a very taugh experience at ABH Berlin yesterday. My husband and I have worked as wissenchafler(in) in national research institutes (he worked for almost 5 years and I for about 2). Although my husband's contract ended last year, I've a got now a 2 year extension. Meanwhile he was using ALGI and then ALGII. Since my current aufenhalstitel expires this coming 30.08. I got a termin from ABH asking me for a new job contract in order to provide the visa extension. We went there with all the requesites, everything seemed fine, when the beamter asked if my husband was not working any longer we showed that he was getting ALGII. After about 40 min waiting outside we were called and told that we could not get the visa extension because of him getting ALGII, and we'd get instead a sort of "fictionbescheinigung" (a paper) which lasts until november and that he must resign to ALGII in order to get the visa extension. Meanwhile, the passports of the whole family (2 kids included) will be kept at ABH ...Is this legal?
Please share your thoughts with us...this is getting us really nervous as I must assist to a congress in Sud Africa and w/o pass I can not go outside DE. IN adittion, my husband (not me) already have 5+ years in DE and has paid the rent required to apply for residence, we just wanted to get the visa extension first and then he would apply for residence (NE)... will this situation mean that he won't be able to get NE in the future?

thanks a lot for your feeback
Ari

>>Although my husband's contract ended last year,

>>that he must resign to ALGII in order to get the visa extension.

I do not understand these sentences. what or from where must he resign?

ALG II is really bad for a foreigner without a permanent visa. Getting an NE is now out of the question till he gets a job.

@raj

by resigning from ALGII, they implicitly implied that he has to get a job.

@ari

ABH Berlin did what they had to do, they can't give you an extension with your husband receiving ALGII, and surely not a NE, because one of the requirements is to be independent from the State on that point, meaning either having a job, or at worse getting ALGI because this one is just from what you paid.

As long as you are married, you will depend on your husband (I think your visa depended on his, didn't he?) and if something has to be done to your visa, it will be done in relation to his situation and visa.

My wife was supposed to get her NE last year but because she depended on me, they had to see me to give it to her and as I wasn't available, they just gave her an extension, waiting for me to have time.

Regarding your case, they only worked by the book, that's all. If you have to travel, try to let 'em know, they can close an eye on it and give you the passport to travel. The same case was my wife's, well, not really, but they gave her the extension I talked about above because she wanted to travel.

D.

Hi, thanks a lot for your replies so far.

@raj:
resignation to getting ALGII (what ended last year was his job contract)

@NoBody:
Actually my visa doesn't depend on my husband's, is just the other way around, his visa depends on mine as I'm the one working right now and the one who's got a prolongation of the job contract. Initially, When I came to DE, my visa depended on his but then, when I found a job we decided to put all the family depending on my visa as my job looked more stable.

I understand their reluctance to have foreginers getting ALGII -actually what they pay to my husband is not even 50% of what they get from me via salary deductions-. Anyway, I know they (at ABH) have the right to deny me a visa whenever they want (even if I have a good job or so...) but I did not know that they have the right to take my pass away from me. I makes me feel like a criminal :o(

Helo,

What happened,did you got your passport back or not. May be you can also approach Lawyer if further any help needed.