BeschV - Entwurf
§46
Übergangsregelungen
(2) Die einer IT-Fachkraft nach §6 Abs. 2 der Verordnung über die Arbeitsgenehmigung für hochqualifizierte Fachkräfte der Informations- und Kommunikationstechnologie erteilte befristete Arbeitserlaubnis gilt als unbefristete Zustimmung zum Aufenthaltstitel zur Ausübung einer Beschäftigung fort.

Hey, hey, hey!!!
Did you read it carefully?
I allways thought they are speaking of unbefristete Arbeitserlaubnis, but they are not.
Unbefristete Zustimmung zum unbefristete Aufenthaltstitel ist also unbefristete Aufenthaltstitel.

Aber Aufenthaltserlaubnis ist in ZuwG immer befristet:
§ 7 ZUwG
Aufenthaltserlaubnis
(1) Die Aufenthaltserlaubnis ist ein befristeter Aufenthaltstitel.

Einzige unbefristete Aufenthaltstitel ist Niederlassungserlaubnis:
§ 9 ZuwG
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.

That means that we get Niederlassungserlaubnis automatically even without fullfilling 5 years and 60 Rentenbeiträge.
Am i right ??? ??? ???

Can I get a lawyer down here?

D.

@DvD: I'm not a lawyer..but I think your right.

Hi GC

Well, arriving to some important point I guess.

As far as I understand, in §46, Zu Absatz 2 we can see:

1- The title of §46 is "Transition regulations or Transition rules" this means is to change from one regulation to a new regulation: this one.

2- In the text: For "IT Fachkräfte" (we GC are IT-Fachkräfte independent of the regulation they used in our visum) the time limitation of the Arbeitserlaubnis is lifted. This is quite clear and I guess is a clear reference to our limited work permit.

3- Following the text: "wie andere qualifizierte Beschäftigungen" = we are finally included in the same category as other qualified workers, no more Limbo for us

4- The most important part is: "Für IT Fachkräfte ...die dauernde...." there says in black and white "This regulation permit (see point 1)...and the permanent admitance in the work market by means of conceding a continuation of the work permission as unlimited consent to practice a work activity" (Hey, this is my translation and not a good translation).

So, this support the teory of Mr. DvD. I think also after 31.12.04 we will have to change our GC for another thing. Here talks about Arbeitserlaubnis, an important part to get a Niederlassungserlaubnis.

Any other voices?

YO

Hi
If this pdf(3mb one) gets accepted by bundesrat.. I guess above mentioned paragraph clearly states that current GCs will get "Niederlassungserlaubnis" (which is PR) automatically..(after 1.1.2005)

When will bundesrat vote for this document ? does anyone know smt ?

Regards

Lacrima

One guy here understud it differently:
http://www.xonder.at/cgi-bin/yabbserver/foren/F_0134/YaBB.cgi?board=zuw;action=display;num=1096616806

@DvD

I dont quite understand the way he understood this paragraph in the link given by you..

so If we say "his understanding" is correct then what is the consequence for us ? doesnt this paragraph offer "at least" a slight difference to our situation after 1.1.2005 ?

Regards

Lacrima

Ok. We started with the legal turns of the things.

Lets fix some points here. Arbeitserlaubnis is umbefristete. Is that clear? Thanks.

With this "key" in our hands, maybe we get a Niederlas... or not. The point of the guy in Info4alien is good, but maybe we get a PR tied to our work or any twist like that. The important thing here is we get a permanent (I think) is we get a permanent work permit

Regards

YO

No YO1 you did not get it.

If the guy is right that means that we get PR after 5 years here,
but only if we have job here and 60 Renten.
Than we get complete unrestricted PR.
If he is wrong we could get it anytime after 1.1.05, allthough we did not completed 5 years.

Hi guys.
I need immidiately some help.
On this page some guy is destroying my popularity
http://www.xonder.at/cgi-bin/yabbserver/foren/F_0134/YaBB.cgi?board=zuw;action=display;num=1096616806;start=0
You should just click smiling Smiley on right side below my name.
Let's show them how much GClers there is here.

This gay ist right, DvD.
5Y+60 Mth+ WP+ = PR.
But only after 5 Y, not earlier.

guy |oops|

Could be but it is not nice to sink my Popularität just for asking.
What is forum for if not for asking?

beside
want a tip how to edit your post


after posting click: Zurück (Back)
then Kopieren und Bearbeiten

if you closed IE post a new post do Back and change posting number until you get your post

as you can see this is added later

Danke :-)

May be thats the reason why the amter asked me to come by the end of Januar 2005 , even though i dint ask him about the new law and other things.

regards
Jackal.

Hi Folks,
I think you´re right nemo.
we won´t be able to get the PR before the end of the 5 years, but we will after the 5 years. and that´s OK. I didn´t expect a special traetment for the GC´s in the law, but they did it.

yours
anis

Then it still remains people like me who have been unemployed and won't be able to reach the 60 months necessary, who are willing to pay but still don't know how much and how...

Man, what a week-end start...

D.

in the worst case you will have to wait some longer as the 5 years to get the PR. but the good thing is that, you will have the possibilty to stay longer than the 5 years.

Good luck

best rgards
anis

Hey Guys!

I see this info as good news. Let’s be honest…
The first draft had nothing to say about us, GCs.
The second draft (the current one) is already talking about our existence and defines for us a transient solution.
I hope there will be a third draft that tells what exactly the requests are in order to get a PR as GC.

Have a nice and optimistic week’ end!

WISH YOU ALL NICE WEEK END !!!!!!!!!!!!!!!!!!!!!!!!!!!!!

To NoBody:

Hey boy, if you were unemployed WITH unemployment benefit, Father Germany has payed the contributions for you. If you were unemployed WITHOUT Arbeitslosengeld, so you have to wait till you have 60 months payed or pay the remaining months in advance.

To Mac: Third document? Are you nuts? More waiting time, more Bundesrat, more suffering, no thanks, let´s try to insert us in one of the documents, and I sustain in BOTH documents we are mentioned.

The funny (sad) thing is in the 60Mb document we are expressely mentioned as so gennantes "Green Card" only when they mention since 1.1.05 our rules won´t more be regulated nor have upper limit have anybody seen it?

I´m tired. Ich gehe Heim.

Regards

YO

And by the way, Schönes Wochenende!

YO

To YO:

Hey dude, I got unemployed without unemployement benefits (if I had had some, I wouldn't be caring, would I?) and I'm really willing to pay the remaining months, as I won't have them all paid anyway but people from BAF are not responding to my letters asking to know how much and how I should pay that (where, I know, they got a bunch of account numbers on their website).

I wish you a nice week-end too, I'm staying at the office until at least 7 PM today, so my wek-end is not yet on sight.

But let's see us next week after we will all have read this paper with peace in mind on the week-end, ok?

D.

@mac

ZuwG had lots of drafts but BeschV only one and this is it.
This draft has to be accepted because there is no time for new draft. And by the way Verordnungen are not so important, so they get accepted easily. Same goes for DV and VwV.
And they do not say much new, just explain the Gesetz.

So do not expect that this BeschV gets into trouble like ZuwG which was more than 4 years on the way.
It will certainly be accepted this year.

Btw, this Entwurf II is second topic on Entwurf, not second Entwurf.

Alles Klar!

Uhh, shade. But you can also know how many month you have to pay, substracting the month you were unemployed without benefit to the months you are here, to have a global idea.

OK, let's "see" us on monday here, but I can bet my mom I won't read a line during the week end.

Regards

YO

I’m arguing with the first part of your post (but just to be precise from the historical point of view): it’s the 2-nd Verordnung. The first draft dates 2002, it had only 42 §§ and talked about the “Auswahlverfahren”.
But I hope you are right about the all others.

link 1-st draft 2002
http://www.fluechtlingsinfo-berlin.de/fr/pdf/Entwurf_AuslBeschVO_240902.pdf

If you're still there (I bet you're not), I know that I have to pay 10 months, but how much and how is it calculated? according to what my first employer (the one I had before loosing the job) was paying or according to what the new (the one I had after getting a new job) was paying? Because I'm actually on my 4th work down here...

D.

PS Funny thing but is there someone here who changed at least 4 times a job since he is here? :-)

Hi, NoBody,

No, you are on the top! I'm on my third job now

I have the same problem as you - I was one month
unemployed without paiying anything to RV - it was
after the 3rd month in Germany... And now I don't
know what to do, where to pay this missing month
and how much. Actually, I'm not sure do I have to
pay, because I don't know do I want to stay forewer
in Germany. So, I'm going to wait until 5 years stay
are complete, and the, if there is a problem with the
PR, I'm going to ask for the RV and I'm going home.
Looking what I've already paid and what I'm going to
pay the next about 20 months, the amount to get
back is about 20 K EUR, and this is a good start for
a small business. So, I don't worry, I just wait.

Regards,
Plamen