Hello all,

I have got a question if you can kindly answer it.
My wife will finish her masters degree in IT after 12 months. She does not have the student visa (bewilligung), but she has the erlaubnis because I am a GC and have the erlaubnis as well. Will she get 1 year visa after she finishes her masters even if she does not have the bewilligung? (by the way, she is normally registered at the uni) ...
I ask this because in case I did not get the NE for some unknown reason, then my wife can get 1 year visa and then probably I have more time to apply for the NE.

Thanks for all

I think bewilligung is not the question. The law says that "any foreigner who has obtained a degree from a German university can obtain this visa for job search". And your wife can claim for job suche visa showing her degree certificate from the university.

zash your wife can not get 1 year job search visa because it does not make sense.
People get this visa to find job and with job they can get normal AE.
your wife allready has normal AE so nobody will give her that visa. There is no point in it because she does not need it.

Hi all, thanks for the answers.
DvD, I understand what you mean. BUT, what we want to do is the following: My GC expires may 2006, and also my Auft.erlaubnis and also my contract. ABH told me that I need to find a job after the 5 years to get the NE. But I work for Fraunhofer Institute and they can give contracts only for 5 years, so the NE will be impossible if my job finishes exactly with GC even if I apply 3 months before the contract finishes. So if my wife can get the 1 year visa to look for a job, then I will be able to stay in Germany also for 1 year more and have more time to get the NE if i find a job during this 1 year...
What are your comments?

that way it makes sence.
but I think you will find job before may 2006.
My advice to you is to search now. What is really important is to accept jobs that starts immidiatelly. if you search for a job and say you can start in may 2006 you'll find nothing.
so it is much better for you to leave Fraunhofer earlier to get normal job. that way you can really search for a job 1,5 years. if you intend to stay no one will take you seriously, so your job search will only last few months be efficient and that is not enough to find job.

so if you start now you have 1,5 years + some time from your wife job search visa if you do not find job until than.

beside ask your boss at Frauenhofer if he can arange something with his contacts in Wirtschaft.

Hi DvD
Thanks for the answer.
Actually I am trying to do my PhD also at Fraunhofer, so thats why I can not leave them earlier. Actually I thought like you said now, but the PhD makes me keep quiet.(hoping to able to finish it at the end). There is still one way if Fraunhofer gives me like 6 months extension to finish my PhD thesis, then I can apply for NE. I think NE does not need unlimited job contract so some months after the 5 years will be enough to get the NE. Am I thinking correct?

no you think wrong.
Beamters have Anweisungen not to give NE to someone without steady job.
There are few things that could help you.
If guy has no steady job they should check if he would be able to find another job, and to prove it guy should show how he changed jobs in past.
You can hardly do that since you allways had one job.
But maybe they do it because of PhD.
Allthough I think it is much easier to find job for those without PhD.

About the "livelihood secure", I checked this with the ABH. If you were with the same company all the time, then they check if you had a contract extension at some time. For me for example, I had first 2 years contract, then extended for another 3 years. This is exaclty like changing a job. Also the officer at ABH told me that it is not required to have an unlimited contract. It is not stated in the law, and this if you have a job for some months or 1 year after the 5 years, then it is enough to get NE.

Regards.

nice.
so you have to get 6 months prolongation and you are in. have you checked will you get it.

Yes DvD, this is how I am planning for it.. So thats why was my question if my wife will get the 1 year visa or not.. I still did not check if i will get the prolongation, but I will do it at the correct time.
Regards.

I think that even if you do not get prolongation of 6 months and if you end up arbeitslos after 5 years, you can not get NE but they could give you AE as long as your ALG is there (2 years).
So again I think you will not need job search visa from your wife.
But if you do not get AE (which I doubt), than she could get job search visa and maybe you also.

But it is almost imposible that you wan't get AE for the time where you receive ALG.

you know I totally forgot the ALG...
If I finish my job after 5 years of continuous work, then I am eligible to get ALG??? How much is it and for how many months can I get it?? Can I go to university during the time of getting ALG??
Thanks for the tip, I totally forgot it...

Hi DvD,
Are you sure that "zash" will get ALG after his contractual period is over?
Because in his case it is the contract(which he signed himself before joining his job) which is ending. In other words, he is not losing job because of some social reasons or so.
One of my friend is also having a similar situation. In his case his contract gets extended every year. Once he asked the Arbeisamt and ABH, and the reply he got was that he has to go back to his country once his contract with current employer is over and if doesn't have another job at the same time.
Is the "end of contract period" with a ceratin employer considered similar to losing a job??
Just want to know the "exact rule" because I can understand that Arbeitsamt people of different cities have not read the same 'law book' so everybody reply differently according to what he's got in his head at that particular time
Best wishes for zash and his PhD
Soni

there is no "exact rule".
with old law it was litle bit better because you could get unbefristete even if you are arbeitslos. they would then check if you finded job after it.
now NE or unbefristete is imposible with ALG but that does not mean that AE is imposible.
ABH can give you AE without problems for the time where you receive ALG but they can also send you home right away. In the past before GC it was really so. You did not get any time for job suche. With GC they started quite bad and some people received 48 hours to leave Germany after losing job. But than few smart guys in Ministerium understud what a shame it is for Germany (to ask people to come here and than throw them away like criminals) and asked ABH to give minimum 3 months for job search if someone loses job.
Even this first GCler had a chance to see one of his friends being escorted with two policemen to airplane.

Here is similar case after 5 years and everything is possible but I supose that they will give some time to search job with ALG.
Could be that first few guys are send home but I am sure if that happends Ministerium will react.

Hi all,
To keep you updated of the issue i started here.
My wife and I went today to the ABH and asked if she can get 1 year visa to search for a job. The answer was NO. Because she is dependent on my visa, and so she does not have a student visa... So even if she gets a university degree, she can not get the 1 year visa to search for a job...
I forgot to ask them something in ABH, so if anyone knows the answer for this question, please tell me:
If my wife finds a job after she finishes her Masters, can she get aufenthalt extension?? I think NO because she is dependant on my aufenthalt and if my aufenthalt finishes and I do not have a job then we are both out... Is this true??
Thanks for all
Zash

all Guys and DvD
Please try to comment and answer what I asked...
Thanks
Zash

first to explain no from ABH on job search visa:
as I said, she can not have job search visa now because she has allready even better visa.
if your visa would be gone (which I doubt) she would have no visa and she could take studium AE (ABW before) and after it she could take job search visa

now your question:
"If my wife finds a job after she finishes her Masters, can she get aufenthalt extension?? I think NO because she is dependant on my aufenthalt and if my aufenthalt finishes and I do not have a job then we are both out... Is this true??"

to say it clearly you are completely wrong.
If your wife has a job than you get NE after 5 years.
Acording to law you need Unterhalt to get NE.
This Unterhalt is actually some steady job.

BUT!!!

IT IS ENOUGH IF ONE OF EHEPARTNERS HAS STEADY JOB.

So if your wife has a steady job and you both reach 5 years than you both can get NE

DvD,
Thanks for your message. But... My wife went again today to the ABH. They told her that finding a job after the Masters will not help us because on her Aufenthaltserlaubnis now, it is written that her aufenthatl "erlischt" when my visa finishes as IT. So May 2006, I finish my contract, and she finishes her Masters, but even if she finds a job, this will not help us coz she is dependent on me and she has to follow my status and not i follow her status...
This was the answer today of the ABH... What's your comment on this????!!!!

comment is
IDIOTS

first of all if she has job she can allways get selbstständige visa but it is not neccessary.
you and she are together and if she works than you have Unterhalt also and that means NE

look zash this is not first case of Beamters idiots. in sucha a case only good lawyer can help.
ask VPMK if you do not believe me.

Thanks DvD for the message... I will contact the VPMK lawyers when the time comes to apply for the NE and I hope they can help me. I hope if Detlef or someone from VPMK reads this, that they comment if they can help in such a case or not. If yes, then we can use their service... But to get an idea first if they can help...

they are to busy to read this.
I would advice you to act now so that you can plan what to do.
if you take VPMK advices it costs you around 100 € and if you want them to get you NE than this 100 € is excluded.

DvD you are right, but at least I need to know if my case has a solution or not... If YES, then I pay 1000 euro and I don't care..

§ 9 Niederlassungserlaubnis
(1) Die Niederlassungserlaubnis ist ein unbefristeter Aufenthaltstitel. Sie berechtigt zur Ausübung einer Erwerbstätigkeit, ist zeitlich und räumlich unbeschränkt und darf nicht mit einer Nebenbestimmung versehen werden. § 47 bleibt unberührt.

(2) Einem Ausländer ist die Niederlassungserlaubnis zu erteilen, wenn
...
2. sein Lebensunterhalt gesichert ist,



9.2.2 Hinsichtlich der Sicherung des Lebensunterhalts gilt § 2 Abs. 3.



2.3 Sicherung des Lebensunterhalts
2.3.1 Eine Sicherung des Lebensunterhalts ohne Inanspruchnahme öffentlicher Mittel ist gegeben,
wenn der Lebensunterhalt entweder aus eigenen Mitteln des Ausländers oder aus Mitteln
Dritter, die keine öffentlichen Mittel sind, bestritten wird.
...
2.3.3.3 Der Lebensunterhalt kann auch durch Unterhaltsleistungen von Familienangehörigen oder
Dritten gesichert werden. Der Nachweis, dass im Bundesgebiet eine zum gesetzlichen Unterhalt
verpflichtete Person vorhanden ist, reicht für sich allein nic ht aus. Durch Unterhaltsleistungen
eines anderen ist der Lebensunterhalt gesichert, wenn und solange sich auch die andere Person rechtmäßig im Bundesgebiet aufhält und den Lebensunterhalt ohne Inanspruchnahme
öffentlicher Mittel leisten kann.



so for you is important:
Der Lebensunterhalt kann auch durch Unterhaltsleistungen von Familienangehörigen oder
Dritten gesichert werden.

Sometimes you go to Doctor and pay him in advance without knowing whether he is going to able to treat your sickness succesfully. But you have to pay "at least" some amount, if you demand someone's expertise and time.

Deciding and evaluating whether your case is resolvable or not is also a Service and costs their time and sharing of their hardly earned expertise.

Would you accept such a business as an IT Consultant ? A client asks you to pay only if the problem is resolvable, and you ask the client.. well I have to see and investiage whether it is resolvable and I need to invest time and my expertise to find out whether it is resolvable at all and then you ask your client also an extra charge for this evaluation/pre-investigation, does it sound unreasonable ?

Dont get me wrong, I have no connections with these lawyers and trust7. I am "donating" here my time as a forum member and I also learn from others.. but for a professional service, I just feel like one has to favour it..

Regards,

Lacrima

DvD and Lacrima
Thanks for the info and comments..I think I will contact the VPMK lawyers in the good time...
Have a nice weekend gyus...