Hi Friends,

I am in a pretty bad situation. My job contract is coming to an end on 30th Sept 2009, that completes 2 years of work(I have been working since Oct 2007) and I am not getting contract extension because of bad economic situitaion nor am I getting new positions. Before doing job I completed Masters from Erlangen University. I came to germany in March 2004. I am yet to approach ausländerbehörde for VISA extension, but a friend of mine who is in EXACTLY same situation(he studied with me and had a limited 2 year contract) has been denied VISA(he is still pursuing the struggle though) by ausländerbehörde - the worst part of denial is that he is not even getting the fictionbescheinigung(which is usually given to packup - for about 2 to 3 moths) and asked before the last day of his job contract(which is 15th August in his case).


That is about the context we are in, this brings up few questions which are haunting me eversince.

Since I have paid arbeitlos versischerung for the last 2 years, are we not allowed to get stay, avail arbeitlos geld and look for a job? - if we loose the current job.

If ausländerbehörde is denying VISA to avail this benefit, then the very objective of paying for arbeitlos versischerung is defeated? which is never to be availed if you are an Auslander(foreigner).

This will be case if I loose job even after working for 4 more years - just pack up an leave before the last day of work.


Interestingly I and my friend have secured letters from Arbeitsamt which clearly states that we are entitled to get a arbeitslosgeld for 12 months since we have already worked for 2 years.


The problem now is to secure the VISA, the people at ausländerbehörde are very nasty in Erlangen, they do not listen to what you say - it is simply impossible to have a rational debate with them.

What should I do now? should I approach a immigration lawyer? Are there people who went through similar situation- it will be immensely appreciated if you can share your experience with us.

Correction last sentence of first paragraph:

and asked TO LEAVE before the last day of his job contract(which is 15th August in his case).

Similar situation has been discussed earlier.

http://www.trust7.com/en/foren/visa_questions/stuck_between_auslaenderbehoerd_and_arbeitsagentur

Hope this helps.

All the best.

@PaddySriram,

I am aware of that thread, that was the reason we secured letters from Arbeitsamt, but in that thread there is an additional issue of Berufslische Erlaubnis-that makes it a bit confusing.

I am just going to complete 2 years only on 30th Sept 2009 - till then I can not apply for BE, in the case of Hardhik when he lost his job he had already completed more than 2 years in job by which he could fight for BE. In my case only after 30th Sept I can apply for BE - now the first challenge is to stay in Germany after 30th Sept 2009 with VISA and Arbeitlosgeld - which ofcourse enhances the job prospects.

What are the conditions to be eligible for BE:

I was a student from March 2004 to July 2007 and have been working since 1st Oct 2007 till 30th Sept 2009 - does a part of stay as student add up to BE, since I was paid for rentenversicherung even as student doing werkstudent job at SIEMENS in erlangen.

If you have read the link i gave you could see that it is either 2 years work or 3 years stay to get BE. So print the paper and ask once again why you cannot have it. Apply in writing.

Your student time should be counted as half in getting the B.E. So with 3 yrs as student you should get it after 1 1/2 of job status ( according to 3 yr rule).

As said by raj just apply in written, if they refuse, ask for the reason in written.

I was also a student for 3 yr. Got the B.E after working for 1 yr.

All the best!

Hi Raj and coolguy,

To my dismay everything turned to worst today. I went to Ausländerbehörde to get my BE processed, the lady at Ausländerbehörde outrightly rejected my written application - I made a pretty tight case with written documentation, I even enclosed the print out of arbeitsamt rules in

http://www.arbeitsagentur.de/zentraler-Content/Veroeffentlichungen/Merkblatt-Sammlung/MB7-Beschaeftigung-ausl-AN.pdf

search for sentence
"Zustimmung zur Beschäftigung bei mehrjährigem Voraufenthalt"

She said that I can get BE if and only if I have a new job contract and she bluntly told me that I have to pack up before September 30th, otherwise only if I prove that I have job offer in pipeline I can get 2 months of extension - god can someone prove such a thing!!.

I argued with her pointing to the rules of the above document - she did not care. I sought to meet the head of Ausländerbehörde but she is on vacation until next week. I asked the lady to give in writing the reasons for rejecting my application for BE - but she BLUNTLY REFUSED.


After this another debacle awaited me this time at arbeitsamt - I went to arbeitsamt to register for arbeitlosgeld, they had a thorough relook into my VISA and said that my VISA is tied to one company and hence I can't avail arbeitlosgeld and I need to change my VISA status to unbounded workpermit(BE).

I need to clarify the situation a bit here, I had earlier registered for ARBEITSUCHUNG in June(3 months before 30th Sept) - they did not look seriously into my passport,and hence they even gave a letter that I am entitled for arbeitlosgeld for 12 months. Today when I went to register as ARBEITLOS as I am barely 2 months away from becoming unemployed this second horror struck me.

As a last resort I have taken an appointment to meet a lawyer in Nuremberg tommorrow - I am not sure how competent he is, can any of you suggest a better lawyer in Nuremberg region who has good credentials in immigration rights??


Help from anybody is most welcome and I can be reached via phone or e-mail

017624248854
091317127281
mail2rpg@yahoo.co.in

Generally they say for BE, one must have a existing valid contract i.e. you are still working.

And if you dont find job within Sep30, take printouts of email from companies saying you have some interview/still under processing. She will extend your visa for 2 more months for sure.

@mail2rpg

I agree with kewlbuddy.I think there is missconception that you get new BE without new job offer.Sometime of course it may be luck to get without if autorithy is not strict on rule.
It is explained in similar thread by one lawyer also with problem to abeitlosgeld

http://www.trust7.com/en/foren/visa_questions/stuck_between_auslaenderbehoerd_and_arbeitsagentur/re_stuck_between_auslaenderbehoerd_and_arbeitsagentur__33

@kewlbuddy
<i>Generally they say for BE, one must have a existing valid contract i.e. you are still working</i>

Yes I am still working(until Sept 30th) and I asking for BE for 2 months, this should later help unlock ALG

The bad part is the end date of the job in the contract without this it would have been much better to apply for a BE.

In your case I will convince the employer explaining this situation and try to get atleast 2 months extension (will not be bothered even if they lower the salary) then after September will get the BE so that my stay in Germany would not affect.

Paddy

I received feedback from my lawyer, he seems to be quite incompetant. The Auslander behorde has agreed to give ficktionbescheinigung for 2 months after the expiry of my VISA on 30th Sept 2009 to look for a job.

Now the question is - am I eligible for ALG1 during these two months?

>>I received feedback from my lawyer, he seems to be quite incompetant. The Auslander behorde has agreed to give ficktionbescheinigung for 2 months after the expiry of my VISA on 30th Sept 2009 to look for a job.

Yes looks like he is incompetent. Try vpmk lawyers who work with Trust7, maybe they are very good as far i heard

>>Now the question is - am I eligible for ALG1 during these two months?

Unfortunately NO. Fictionsbescheinigung just has the same status as your previous workpermit and that means you dont have BE to avail your ALG1.

@mail2rpg


I am also in a similar situation regarding BE..

After reading what happened to you I am convinced that I will be screwed up if I dont persue for BE..I will go in coming days but in back of my mind I have fear that the clerk will say that he will give BE with new job contract or what ever he can say not to give me BE and deny me Arbveitslos benefits (if required).

By the way I have more then a year left for the current position & I will give my best try to get BE before I dive in the job search market.

Brother update us on your current status and I'll also let u know about my experienec...

Any comments or suggestions regarding my situation are also highly appreciated.

I would like to try a new strategy. I am about to change my residance to a different city, where a similar situation was met with favourably. This time with a competant lawyer.

I have some question now.

I think that Erlangen auslanderbehorde must have kept a record of my failed application for BE that too with a lawyer fighting on my behalf. Will this rejection be part of my record?, which serves as a precedent for another auslanderbehorde in another city to reject my case, although it has in past treated favourably for an exactly similar case.

OR

Their precedent of treating an exactly similar case favourably serves in my favour - I am hoping on this.



Please enlighten me on the kind of record the auslanderbehorde people keep - considering the extra-ordinary rejection with a legal help from lawyer

Yes, that will be part of your record (file).
Usually the auslanderbehorde kept all written communication etc in your file, If you move to another city, your file will also go with you. So this new visa officer usually take a look in your previous record in this file.

There are less chances that you will get BE, but give it a try as you will not loose anything.

My argument for moving to new city is that I am done with the job and have a cheap accomodation and better job prospects in new place.

Secondly, I want to fight the case with better lawyer as I was not happy with utter incompetance of previous lawyer it is a kind of continuation of legal battle - if auslanderbehorde sees it that way.

Hello @mail2rpg
We also were in gr8 time of difficulty and still are in.
But we can share some experiences.
1.BE is not the requirement for getting Arbeitslosegeld.atleast it was not in our case when my husband lost job.
2.Try to persue your company to give you mini job contract with that you can maintain your present residence status and avail arbeitslosegeld.

With Regards
Garima&Gaurav

<i>1.BE is not the requirement for getting Arbeitslosegeld.atleast it was not in our case when my husband lost job.</i>
That's a news for me, which place is that?. But arbeitsamt in erlangen is doggedly opposed to give arbeitslosgeld unless you have a VISA which is not bounded to a company.

Did your husband get arbeitslosgeld with fiktionsbescheiningung?


<i>2.Try to persue your company to give you mini job contract with that you can maintain your present residence status and avail arbeitslosegeld.</i>

What is a mini job contract? It is either job or no job - my company is moving to kurzarbeit shortly, I see no prospects for any extension even for a month or two. I have learnt one good lesson about Germans, once they say no it is a no for ever. It will be a waste of breath to get them otherwise

We are in hannover region.In our case when my husband lost job,his employer agreed to maintain him on minijob on same job designation so visa status remained same and ABH agreed to give him arbeitslosgeld.This was our exact situation.Though it was very tough time but thing went little bit smoothly with us.
1.So I would suggest just try to grab a mini job like 400 euros or something or parttime with good job title
2.secondly persue matter through good lawyer and get visa extended as you are entitled to get arbeitslosegeld.
3.Read thread started by HARDIK at trust7.he was also in same situation like yours.he not only got BE after job loss but also got visa extended on the basis of entitlement of arbeitslosegeld but with the help of good lawyer.
Best of luck
Garima&Gaurav

this is the thread from hardik,read in detail
http://trust7.com/en/foren/visa_questions/stuck_between_auslaenderbehoerd_and_arbeitsagentur/re_stuck_between_auslaenderbehoerd_and_arbeitsagentur__15