Hello all,

Last night, since I couldn't sleep, I came accross this site which I find very useful. Not only for the info posted, but also for the exemple set by people helping each other w/o any personal interests. You guys are great!

Anyway, let's see if you can give me a hand. Here's my case. I came to DE in 2003 with a binding work permit (as a "wissenschaftl. mitarbeiter). Initially with a work contrat for 1 year, then renewed for 2 more years (total: 3 years in last feb.). So my "aufenthaltstitel" finished when my work contract did so (mid february). But I got a 4 months extension of my work contract, and went to the ABH and got 4 months "aufenthaltstitel".

Since I'm not sure wheteher I'll get another work extension right away (financial problems and the like)...it's a nightmare! But last night I read some messagges here saying that after 3 years working in DE, someone can get a BE or EG or "beschaeftigung uneingeschrankt erlaubt". I don't know what those letters mean by I guess they're some sort of a non-binded visa, so if loose job, not loose residence permit. ain't it?

Do you think I have the right to that kind of permit? what must I do in order to get it? Do I need a lawyer?
Here's what ABH wrote in my pass las feb:

"Beschaftigung nicht gestattet mit ausnahme der tatigkeit als wissenschaftl. mitarbeiter by ..... institut bis zum 16.06.2006.
Selbstandige tatigkeit gestattet"

However, in my old "aufenthaltstitel" (the one I got in 2003 and then in 2004) it wasn't written the "Selbstandige tatigkeit gestattet" but instead:
"sonstige erwerbstatigkeit NICHT gestattet".

Why this change? change in law or to fact that now i've been here + 3 years and have right to "better" visum?

Anyway, I'm sorry for taking your time w. this looong message, it's just that I'm quite desperate, don't know what to do/where to go/ with family and kids risking not to complete their school year, etc,etc. So, any advice would be greeeeeeeatly appreciated.

Peace.

Ari

Hi Arianna

Sorry. Today is a little bit difficult day and I have not too much time.

Well, first of all, you have a strange work permit. Normally all of us we have written specifically that we cannot work as "selbständig" or in other words you can work as consultant or whatever, most of us don't.

What you can get after 3 years in D is what we call "BE" or "Beschäftigung erlaubt", this is the best option and means your vissum is not tied to your employer (you can switch job without asking for another vissum) and you can work as freelancer. But normally you only get an employer-free vissum. That allows you to work for anybody else different that your actual employer.

Please read this:

http://www.trust7.com/en/forums/visa_questions/my_antrag_auf_auflage_aufhebung

there is the whole story.

But be calmed. You won't quicked off so fast. You have worked here more than 3 years that allows you to unemployment benefit for a year (in the best case). You have to start the papers for that thing now I guess.

Your vissum then have to be changed and if you are good enought, you will get an employer-free vissum AND the thing you already have "selbständige Tätigkeit gestätted".

Search in the forum a little bit, take the time to read all this things and ask if you don't understand.

Viel Glück

Thanks so much YO for taking thr time to answer my message. I'll go through the thread you gave me. But...are you sure I have the right to unemployment benefits? 'Cause my "aufenthaltstitel" expires the same day I'll be unemployed. So theoretically I should leave DE the same day, therefore no way to do unemployment papers and the like. And I couldn't do those papers roght now (that I still have a valid "aufenthaltstitel") because I'm not unemployed. Is that correct or I'm missing something?

I agree w/you that my last "aufenthaltstitel" (the one I've just got) is quite "bizarre" since it says that no "Beschaftigung" allowed except for as a "wissenschaftl. mitarbeiter" in a determined institut untill a fixed date, but on the other hand there's the line "Selbstandige tatigkeit gestattet". It seems quite contradictory to me!

Anyway, I'll search the forum to see what I find. But if any of you have some clues, they're be welcome.

Thanx again.
Peace!

Ari

Hi Ari

Yes I'm sure. You have the right to unemployment benefit.

With your vissum you cannot. But, I'm not 100% sure how, but you have to:

1- If you received a letter or something like that from your employer go to Arbeitsagentur and declare yourself as unemployed starting from....

2- Then you will have to go to the ABH and let your vissum changed. This is the difficult part, because theoretically you should have to receive at least an extension from your vissum so long as your unemployment benefit (and I think you are entitled to 12 months)

But the reality is other and the other guys in the forum knows more than me. You will receive some extension to your vissum and how long dependes on the mood of the Beamter.

Please search a little bit in the forum (Arbeitslosengeld, unemployment benefit, visa extension....) and you'll get something.

"Selbstandige tatigkeit gestattet"

They just provided you a hint how you could reorganize your life in order to remain in Germany without lots of problems for them and for you ;)

Sonstiges:

1. If you do not get prolongation of your work contract till 16.03.2006, visit your local employment office (Agentur für Arbeit) and register yourself as unemployed from 17.06.2006.

2. You are completely wrong if you think that your residence permit expires am 16.06.2006! It does not expire until your local immigration office (Ausländerbehörde) decides about your application for prolongation of residence permit, and if that application will get rejected - it does not expire at least one month after that decision will be made! therefore you have the right for unemployment benefit (Alg - Arbeitslosengeld) even with your current residence permit.

2.1. If you will not get a prolongation of your contract till 01.06.2006, try to get some letter from them where it will be written that it is very possible that they will sign another work contract with you later during this year.

2.2. Visit your local immigration office and get there some copies of their blanks that foreigners should use to apply for a new residence permit. you can do it tomorrow, in one week, in one month ...

2.3. Am 14.06.2006 FAX them your application for prolongation of your residence permit, make copy of faxed application for your records and after that send them your application per post. The application should include one letter from you where following things will be mentioned:
- that you are going to get another work contract with your previous employer later during this year (attach above mentioned letter from your employer);
- that you are making yourself self-employed and plan to start getting money from your business from xx.xx.2006.

2.4. Am 16.06.2006 visit your local employment office and apply there for unemployment benefit. do not forget to bring copy of your application for prolongation of your residence permit and IF they will refuse to accept your application for processing, point them out on:
- §§ 81 Abs. 4, 84 Abs. 2 S. 2 AufenthG and
- their duty to process your application even if they are sure that it will not be successful.


If something doesn't go like it was expected, contact a lawyer that will help you further

I am not sure that BE or EG will be of any use for you now, i understood it you are not planning to change your employer till 16.06.2006 and do not have any work offer from other companies? It makes sense to apply for BE or EG only if you will find another employer till 16.06.2006; otherwise apply for BE or EG in your application for prolongation of your residence permit - reason: search for a new job.

I don't intend to discourage you, but just be careful: it is possible that with a visa for "wissenschaftliche mitarbeiter" you could not apply for BE after 3 years. I am not 100% sure, but I look at the following exception for the paragraph about BE after 3 years:
-----
http://www.aufenthaltstitel.de/beschverfv.html#9
(2) Auf die Beschäftigungszeit nach Absatz 1 Nr. 1 werden nicht angerechnet Zeiten:
1. ... 2. ...
3. einer Beschäftigung, für die der Ausländer auf Grund dieser Verordnung, der Beschäftigungsverordnung oder auf Grund einer zwischenstaatlichen Vereinbarung von der Zustimmungspflicht für eine Beschäftigung befreit war.
-----
As far as I know, "wissenschaftliche mitarbeiter" do not require Zustimmung because of this:
http://www.aufenthaltstitel.de/beschv.html#5

If you got your visa according to this §5BeschV, maybe the better option for you is to use that allowance of "selbstständige tätigkeit" that you have already. Or at least ask a lawyer or ABH before counting on the fact that you can get a BE after 3 years.