Hi all,
I have been working since 1 may 2001 in germany. My contract and my GC and my aufenthaltserlaubnis all expires on 1 may 2006. The rathaus told me that if i get a contract over the 5 years, (even some months more than the 5 year limit), i will get the NE. At my company they are thinking to extend my contract for a 6th year, but the problem is that my arbeitserlaubnis (GC), is only valid until 1 may 2006 and not more, so they can not extend my contract over this date because i do not have a work permit after 1 may 2006...
Any hint of how should i proceed...???
Thanks a lot for you all guys.
Zash

Hi

Just tell them to extend the contract for a whole year and just to add the clause "The contract will be valid only if Sir Zash have a valid Arbeitserlaubnis" or something like that.

Thank YO for your answer.. But maybe my company will only give me a contract if i show a valid arbeitserlaubnis.. and maybe ABH wants to see a contract over the 5 years + a valid arbeitserlaubnis... Any ideas?
Thanks!

Nop. No ideas.

But always the same problem, am ende, Egg/Chicken problem.

Maybe as a first step you can talk man to man (frankly if you are not a man ;-) ) with your boss showing the famous BeschV usw. and if it causes no effect, you can invest a couple of euros in the VPMK lawyers to make you a legal foundation with all the stuff to show to your company.

With your new contract in your hand you´ll get easily you NE at ABH

@zash

There are many GCs that have unlimited contract and 5 years valid AE and WP. It seams to be no problem having contract longer as AE.

In your case you should arrange with your firm to extent your contract with clause "valid only if possessing AE".

thanks YO for your answer..
Probably I will contact the lawyers of trust7.
Do you really think, i will get the NE even with a limited contract? (only 1 year after the 5 years)

@Zash

Yes I do. I do think you can get it with a year. Law only says you need a work and you´ll have it. In case of doubt, you can tell the truth to the Beamter that is nobody will give you more contract because you don´t have NE.

@Bili (BiliPiton? nice nick - I´d like to know what does it mean!)

Yes you are right. I have unlimited contract, I started with only two years Arbeits/Aufenthaltserlaubnis and my experience tell me when the Beamter want to do the things, the things are made and where he/she doesn´t want, no matter if you owns a ship or if you are Bill Gates the things won´t be done.

Hi Zash,

When you apply for NE and you have only 1 year extended job contract you may be refused. I would suggest you to make something tricky. You ask the employer to give you a letter stating that your contract is extendable once 5 years are over and you have a residence permit(it could be 1 month, 6 months or more in practice).

Apply atleast 3 months before your 5 years job expires, so that you have NE before exactly 5 years. Then you have no problem with company about Aufenthaltserlaubnis.

regards,

mk

This is really strange situation. You need long contract to get your NE and on the other side you need NE so that company extend your contract. Cool or not ?

I changed 4 companies in last 4 years and I always had unlimited contract (sorry limited with 65 years ;)). In one company they wanted to give me time limited contract by I said that this is not acceptable for me and then I got unlimited.

This is funny because if company doesn't want to give extension or unlimited contract that means that they think that they are over law and that contract has higher priority compared to law??? If you do not get NE it will not help to have unlimited contract at all but what should we do - to explain everything to our companies also. This sad story of our life we need always to explain something.

Thank you all for your comments and idea. I really think (as YO also thinks), that one year after the 5 years is enough for the NE coz the law did not say about unlimited contract for NE.
So have a good afternoon all.
Zash