I am a wife.I got a job only for AA to take it from me and gave to someone else.They said, unless they don't get anybody before they can give me the permit to work. It is rather unfortunate for one to look for a job only to be given to someone. Is it better for e.g if I work as black?
I have been here for almost 5yrs.
What should I do?

Mumuni

I didn't understud a sh..
You can write in german if it is easier for you.
Du kannst auch deutsch schreiben.

@DvD
I think it's something like this:

"
Hi *,

I am a woman. I have received a job offer and went to AA to get a WP for it but they said they have to do an AMC. They did one and gave it to someone else.
It's really sad to look for so long for a job and then loose it to someone else.
Because of that and not to go through that anymore, do you think it would be better if I only do Schwarzarbeit?
Just for your concern, I have been here for almost 5yrs.

Mumuni"

D.

in case nobody is right maybe you can get Be or Eg.

with it noone can take you your job away.
if you had normal visa last 5 y you can do it.

acctualy if you had normal visa for 4 y they did not have right to give it to someone else.
You could even sue AA!!!

Do I need to talk to ZAV or what should I do. Please, where on the net can I locate the new law.

DVD it seems you know much about the law. Could you post your email address so that we can communicate.

I want to talk to ZAV about this issue.

Thanks Mumuni

"You could even sue AA!!!"

it's Germany, not US, you can not sue someone and get a compensation by pretending that "you could earn some money if AA didn't do this", you must prove that "you would earn some money if AA didn't do this"

the officials will say that it is not proved that any damage was caused by their actions. in order to prove opposite she must work legally for more than a year for the same company, starting from some point of time during next couple of years ... and if she gets noisy now, they will do everything possible to ensure she doesn't get that job ...

"I got a job only for AA to take it from me and gave to someone else."

Haha that's exactly how german system works, i described it earlier already. the officials and natives without job do nothing and wait until foreigners find some work place and report it to AA themselves

CHANGE the conditions in your residence permit on something like "Beschaftigung erlaubt", otherwise you do not have a chance for a legal job

wait mumuni. you did not say what visa did you have last 5 years. if it was duldung or similar than you can not do anything. only normal AE counts.

I have a normal AE. Because there was a problem earlier on when my man was unemployed for a long time.He got a job last year and was told to wait for the new law so that things would be better even that we were given 1yr which should be extended in the future. He was ones GC holder.

Thanks
Mumuni

What NEW LAW?
New law came last year!
Or did he got job in 2004 and then waited wor ZuwG in 2005?


You had allmost 5 years normal AE, right?
If one has 4 y living in D he can get unlimited work permit. With it you can take any job you get without checking is there any german available.
In your case AA did not have right to search if germans are available. AA had to give you unlimited WP (but not unlimited AE) at once.

When did it hapennd?
Look I think you can sue the AA cos they took your job away instead of giving you unlimited WP.
But to sue them you need lawyer. VPMK z.B.

And lawyer can check your case to see is it really so.

Search for this topic in forum:
"my Antrag auf Auflage Aufhebung"
there is letter to ABH and one part where 4 y Aufenthalt in D are mentioned is usefull for you too.

§9 BeschVerfV:
http://www.aufenthaltstitel.de/beschverfv.html#9

§ 9 Beschäftigung bei Vorbeschäftigungszeiten oder längerfristigem Voraufenthalt
(1) Die Zustimmung zur Ausübung einer Beschäftigung kann ohne Prüfung nach § 39 Abs. 2 Satz 1 Nr. 1 des Aufenthaltsgesetzes Ausländern erteilt werden, die eine Aufenthaltserlaubnis besitzen und

1. drei Jahre rechtmäßig eine versicherungspflichtige Beschäftigung im Bundesgebiet ausgeübt haben oder
2. sich seit vier Jahren im Bundesgebiet ununterbrochen erlaubt oder geduldet aufhalten; Unterbrechungszeiten werden entsprechend § 51 Abs. 1 Nr. 7 des Aufenthaltsgesetzes berücksichtigt.




"Prüfung nach § 39" is checking is there german available. This §9 means that AA had no right to check is there any german available for your job.



In case everything is as you say maybe you could get that job back and some lost salaries also.
But it is IMHO. You really need a good lawyer (VPMK).

My man has been here for 7 yrs and I have been here for almost 5yrs. The case is new. It was even the Immigration office who made the application for the WP for me.
I don't understand this whole thing. What are the right law to quote for my argument. I still that the contract vaild.

Thanks DVD

what is written in your pass?
what in his?
why didn't he ask NE?

will you contact VPMK lawyers?

Both of us,and our children born here have Aufenthalterjaubnis. There is this § 30 AufenthG written in addition. He asked for NE but they said the visa would be extended every year for 3yrs before NE.

you did not answer half of my questions?

did he have AE last FULL 5 years?
if yes and he has a job (unbefristet) he MUST get NE.
if they gave him some sh...y visa when he was without job than not.
what EXACTLY is in your and his pass written?
does he have firma name in pass?
will you take VPMK?

He had a visa even when he was unemployed.

you are really generous with words

Sorry kids were disturbing.
Aufenthalserlaubnis § 30 AufenthG that is all in the pass. And then Erwerstätigkeit nicht gestattet***

He has the company's name on his permit. His is also Aufenthaltserlaubnis.
With the lawyer issue it is money that I don't have.

if you look that way at money you'll never have it.
You can arrange with layer that he gets payment only if you get Be and job back and husband NE.

That way you would even EARN MONEY!!! RIGHT?

to get NE he needs ~2000€ netto Gehalt!!!
Does he have that?

And your visa does not allows work.

Look ABH is playing with you 2 like with monkeys.
Take VPMK and get your job back and NE for him (if he has Gehalt>2000€)?

Thank you. But can't we do it on our own?

Off course I did all those things on my own.

But if your german is like your english or worse than hardly.


beside you could get Be on your own but YOU CAN NOT GET YOUR JOB BACK on you own

Which office should I go for the BE? You said something about my english what is the problem?

Mumuni,

DvD has deep personal experience with ABH and his estimation that you cannot get your job back without lawyer is correct.

The limits of what one can achieve alone at ABH, and what DvD and I also did is to obtain better residence permit or extension of it, if ABH is slightly or moderately tough. Prerequistion for that is very good german knowledge, good communication skills and very good knowledge of relevant laws, what DvD certainly has.

But if some major mistakes were done already it is reasonable to believe that it is impossible to achieve anything without lawyer, and here is why:

-> You are not informed about relevant laws, and you do not know them thoroughly

-> Your communication skills are (no offense) quite poor since you are not able even to clearly communicate to us what is your current residence status

-> Your ABH already (apparently) made several wrong decisions which were not according to law

Greetings,
Cedomir

P.S.

Anf if you do not know where to go to get "BE" you really need a help of lawyer.

BTW, The office to go to is the Ausländeramt.

How much would I pay for the Lawyer's services if I should take your suggestion.

DVD Let me hear from again Please!!!

I cannot say would lawyer charge to resolve your particular issue with ABH, you should ask one of them.

To get the idea about prices though you can check the "services" section of this site.

http://www.trust7.com/en/services/visa

Be careful, when you search for a lawyer you have to find one which is specialized in alien law, likes his job and is dedicated to this particular part of the law. We saw reports here of some lawyers knowing much less than some forum members.

How can I get a good lawyer.I have a lawyer but she is good at all. I don't want to say much about her.

Please let know if you have anyone in mind.

Thanks

Someone wants to deny me from getting WP which I don't understand. In March I would be five years in this conutry. Why am I being denied my rights. What should I do? I spoke with the official in AA and he said,in the past I got duldung but with the new law those with duldung can even get WP.Now that have Aufenthaltserlaubnis.
Please help me out.

"You can arrange with layer that he gets payment only if you get Be and job back and husband NE."

you can't

"I spoke with the official in AA and he said,in the past I got duldung but with the new law those with duldung can even get WP."

heh here finally comes the reason. if officials didn't try to make life of people with duldung as hard as possible, Germany would be overcrowded third-world country long time ago ...

@-

"Germany would be overcrowded third-world country long time ago..."

is there any possibility to stop germany overcrowded third-world country?

i still wonder on what bases the "third-world" countries are defined in "first-world" countries? extracting resources for centuries and then later define it as third-world country? or simply due to any other reasons?

@-

"Germany would be overcrowded"

but i read news like "germany would be overcrowded with aged people country", last time i did get the information from 2004 that the birth rate was less than 0% may be this is the reason they are easing working visa restrictions and citizenship laws or?

I don't have duldung anymore. I have Aufenthaltserlaubnis for almost a year now.

"is there any possibility to stop germany overcrowded third-world country?"

that depends on what you understand by "overcrowded third-world country" ;) if you wanted to ask whether it is possible to stop migration of people from "third-world countries" - no. you yourself gave a reason why in your other post. but is it not natural that germany wants to choose WHO will migrate here?

it seems you didn't understand what i wanted to point out. i just wanted to say that it's reasonable when officials think that the people who flee can not defend themselves.

"i still wonder on what bases the "third-world" countries are defined in "first-world" countries?"

unfortunately i cannot answer this question. i am stateless, answer only for myself ;)

@-

"i am stateless"

me too, seems like we are many

so it is not possible to stop migration. if i find any other place better, i would do that as well and i belive that we all live on the same planet.

"if i find any other place better, i would do that as well and i belive that we all live on the same planet."

poor officials and their order

"poor officials and their order"

unfortunatly, even my father is one among them!