Hi GCs,
I know that a prson loses his/her GC status if goes out of germany for 6 months.If a person does house deregestration before going out of Germany and comes back within 6 months.Will the GC be stil valid.What are the things(of course related to the one I just said) which a person should not do so that GC status remains intact.Please comment.
Thanks
AP

Hi,
Can any one respond to my question.
Thanks
AP

When u go for abmeldung, they ask for ur next address of where u r going to stay, there u have to specify ur next address, even if it is not in germany.
You GC will be valid if u are again back in germany before 6 months. It is my personal Experience, i have been to US(I got my salary in US) on a project for 5 months(i did abmeldung when i went to US) and back after 5months and did anmeldung, and everything was OK.
Regards
Deepak

Hi Anitha,

I think it depends on the Visa which you posses,
Most of the GC holders posses a visa which attached with their
employer.So it gets invalid once your contract with your employer
expires.If you have still contract with your Employer,Staying
away for less than 6 months may not be a problem.

There are also GC holder's possessing visas indepndent
of the employer,But they are allowed only in IT sector.Such GC's
can also stay away for less than 6 months.

But i don't know,What your case is ?

"You GC will be valid if u are again back in germany before 6 months."
"There are also GC holder's possessing visas indepndent of the employer,But they are allowed only in IT sector.Such GC's can also stay away for less than 6 months."

Normally it's so, but you should not forget about one possibility: local immigration office can revoke a residence permit, if they think that you are absent not on a temporary basis. such thing as Abmeldung can persuade them in that; therefore i would write them an official letter and inform them that i am going to be absent on temporary basis if i were you. of course such an official letter would not allow me to receive unemployment benefit while absent; but on the other hand, if local employment office finds it out that you are absent, not registered in Germany and still are receving an unemployment benefit, i guess a possibility of revocation of a residence permit will rise significantly.

now, if your residence permit is revoked it's going to be a lot of fun, just because you will not be able to cross the border and will have to direct a legal dispute from your home country, which may even not be possible at all, thus making officials get away with their improperly steps regardless of human rights, GG and international conventions.

:-O

AuslG § 44 Beendigung der Rechtmäßigkeit des Aufenthalts, Fortgeltung von Beschränkungen

(1) Die Aufenthaltsgenehmigung erlischt außer in den Fällen des Ablaufs ihrer Geltungsdauer, des Widerrufs und des Eintritts einer auflösenden Bedingung, wenn der Ausländer
...
2. aus einem seiner Natur nach nicht vorübergehenden Grunde ausreist,

by the way PR has to be revoked as well because of that ;)

lol here is something about "Ausweisung"; my notice: "Ausweisung" - it's the worst case of deportation, which was intended to be done only against criminals. but, if we look in German laws, we find out that "Ausweisung" should be made in the following cases as well:

45.0.3.1.3 Hinsichtlich der Feststellung einer Wiederholungsgefahr wird im allgemeinen auf folgende Gesichtspunkte
abgestellt:
...
45.0.3.1.3.4 - finanzielle Schwierigkeiten, Alkohol- bzw. Drogenabhängigkeit;
...
45.0.3.1.3.6 - wesentliche Änderung der Lebensverhältnisse.

Hint: german employer kicks foreigner out without any right to do so and does not pay him any money, after that provides an information to an immigration office that foreigner does not work any more and has no income; immigration office immediately kicks foreigner out of Germany. not bad, er? but by german laws such things are perfectly possible ;)

What? Hire-and-fire in Germany?

Actually your employer cant kick u out of his company as long as you didnt do anything illegal, right? Even if, then you can file a suit. Or did I misunderstand something?

"Actually your employer cant kick u out of his company as long as you didnt do anything illegal, right? Even if, then you can file a suit. Or did I misunderstand something?"

lol if he couldn't kick u out of his company as long as you didnt do anything illegal, why then possibility to file a suit exists, how do u think?

basically, i will tell u: ur employer can kick u out without any problems within first six months of ur employment, because in that case law does nor defend u. also he can do it if there are no more than 10 regular employees working in the company, because then the law does not defend u as well. and he can do it as well saying that he cannot find any new projects for u if u work in consulting company, and then the law defends u only if u are able to prove that he lies.

moreover, want to know how long a legal dispute takes sometimes? i will give u one example - myself. i received two different cancellation letters from my employer in Oktober 2003, filed two suits vs. him: one suit i won in Februar, the hearing of a second suit will take place only in August: how do u like that? and that would be only the first hearing *lol* how do u think, if ur right for unemployment benefit ends before the hearing takes place, what immigration office would try to do?

i can tell u: once u make an application for a social aid, an immigration office can kick u out of Germany in 24 hours unless u submit corresponding SUCCESSFUL application to a court of law b4 u apply for social aid, unless u have a right for an unemployment benefit but did not receive it because officials process your application too slow, unless u are stateless; and in two last cases it is also better to submit a corresponding SUCCESSFUL application to a court of law b4 applying for social aid, just because immigration office can firstly kick u out and only then think whether it was right ;) moreover, an immigration office can kick u out as well if it thinks that u will have to apply for social aid in a near future. how can they think so? i can tell u. they call to employment office and ask whether ur application for "Arbeitslosenhilfe" will be accepted; they receive an answer "No" and kick u out. and may i remind u that from 1.1.2005 "Arbeitslosenhilfe" and "Sozialhilfe" will be put together and comprise "Arbeitslosengeld II" which will be just an another type of social aid ;)

of course, those laws existed earlier as well, but ... earlier there were no cries about rising unemployment and about a necessity to cut down salaries and pensions, to increase working hours, to cut down social programs and increase taxes which are paid by employees. now such cries are being heard louder and louder: how do you think, what results that can bring? i can tell u. while officials earlier closed their eyes and tried to help poor foreigners, now some of them (only some, but just you wait! it will get worse) are like wolves which are trying to find every possible way to cut down expenses. and which way is easiest to achieve that? of course, by kicking foreigners out (not all, mind u, only those from third world countries, which will not be able to get lots of money from Germany out of their home countries) - and it does not matter what Schröder or other politician tell, local officials will do what they consider to be best for their cities, not for u.

somebody tried to ask why they are responsible for increasing unemployment? well, does it matter for officials who is responsible for that? they have a fact of life - increasing unemployment - and they try to put all weight of it on shoulders of those who are least protected by the laws.

i mean it is also a fact of life - it comes rapidly to a point (in U.S. as well as in Europe) when the democracy and human rights will be reserved only for citizens of those countries, all others will have no rights at all.

Hi Trusday,
You look a bit frustrated.. it looks like your deep knowledge of german laws were not enough against "Wolf Officers"(your own words) of ausländerbehörde..

Trusday, maybe you should take it easy a bit.. let's face it and accept it.. you dont have the same rights and privileges of a native citizen as a foreigner in a foreign country.. that's the case everywhere in the world.. that's why they call you a foreigner.. I know it sounds a bit against Human Rights.. but it is so..
It is a fact of life as you said..

So you think, they should allow you stay in Germany just because you have filed a law suit against your employer.. and during this time they should pay you social aid (because your period of unemployment benefit is over..) Hmm.. I dont know.. all this does not sound to me doable.. maybe you should have more concontrated on finding a new job instead of trying to find loopholes in the law and suing your ex-employer.. maybe you wouldnt need the social aid at all at the moment.. :-)
Anyway.. good luck with all this.. and dont loose your good mood.. :-)
Take Care

Lacrima

"it looks like your deep knowledge of german laws were not enough against "Wolf Officers"(your own words) of ausländerbehörde.."

can a deep knowledge of laws help against a terrorist with a gun? i mean come on, knowledge of laws helps only until those laws are being followed, once they are not followed wins the one who has a gun or?

i mean what would you be able to do against a police if they decide to kick you out and you are alone, although such intentions are unlawfull?

"you dont have the same rights and privileges of a native citizen as a foreigner in a foreign country.."

then such a thing should be stated clearly and human rights abandoned. without any talks about terrorism and so on. i mean what is expected from people when they are treated worse than dogs? that they would accept that? surely not - they will fight for their rights and some of them kill "native citizens" if need be. if so-called "golden milliard" does not comply with human rights towards others, why others should comply with them towards "golden milliard"?

btw Kurds give Turks problems as well, i guess just because of points of view like "that's the case everywhere in the world", am i not right? ;)

"maybe you should have more concontrated on finding a new job instead of trying to find loopholes in the law and suing your ex-employer.."

do you think i did not look for a new job? but how can i find one, if my employer wants me to be kicked out of Germany, did not give me any recomendation letter? i mean he even said it to me aloud that i will have problems if i try to defend my rights.



I do not care if "that's the case everywhere in the world". all that i know is that i will never be a slave and will fight for my rights, the whole world if needs be. for GCs that means a possible Verfassungsbeschwerde vs. ZuwG, if ZuwG will take away a basic right of §19 GG from foreigners: that is, possibility to file suits to courts of law if their rights are hurt *lol* ;)

lol you have wished me good luck? surely i have lots of it; i have come to Mannheim in 2002 with one bag and 8 euro in a pocket, without ANY knowledge of German language, still all efforts to kick me out for nearly two years have not brought any results it's no problem, i will go further, i can fight for my rights till the end of my life if need be

tomorrow local immigration office will get a justified application for german passport, and a court of law in Karlsruhe - request to suspend an execution of any future deportation order vs. me for a week so i will be able to make necessary arragements (that is, submit necessary applications to courts of law) in the future. Kaplan's case will greatly help me to explain a real necessity of such application. i mean if officials and politicians now think that they should be able to act against foreigners based on suspicions (lol and who gave them an idea? Mr. Bush with his strategy of preventive strikes!), then the foreigners should be able to file suits vs. possible decisions of officials as preventive measures as well


i guess WW III is not long away, and probably even was started, depending what to understand by a starting point ;)

lol here is an example, just received one letter from a "now impossible" employer:

Wir bitten Sie deshalb, uns vollständige Bewerbungsunterlagen mit Anschreiben, Lebenslauf (bitte mit Geburtsdatum) und Zeugnissen (Abschluss- und Arbeitszeugnisse) zur Verfügung zu stellen.

how do you think, which answer will i get when i do not send a recommendation letter from my last employer, considering that i do not work from november 2003? ;)

"So you think, they should allow you stay in Germany ..."

lol and i will make one more comment, do not condemn me for it please but in order to allow something, another person needs to beg for it; if somebody has right for something, he does not need any allowance ;)

i do not beg for anything. i have rights and defend them

Come on Trusday.. If I look at the picture with your perspective then they should issue me the German passport right away..

They are violating also my rights.. so shall I also sue them.. because they are limiting my work-permit to 5 years and they dont allow(yes, "allow")
me to work in a restaurant as a waiter.. or they dont allow me to start my business ?
is "Working" not part of the basic human rights ?
If they can limit it just because I am a foreigner then they can limit the others.. (Do you think I like it ? no, but it is the case)

You are kinda accepting being treated different from a native citizen, by accepting to have "Residence Permit" on your passport.. by accepting a work-permit..(Remember, at the very beginning of your Germany adventure ?)
(who the heck are they and dictating me not to work in another dicipline and just IT.. shall we alltogether sue them ? :-)

ok.. Trusday.. I am on your side.. I am also a foreigner and GC.. but what you are trying to do is kind of " not totally logical thing" to do..

but it is an interesting trick indeed.. maybe I should also flush my passport into the toilet.. and demand german citizenship, because I am suddenly stateless.. :-)
I dont know how but I happen to be in Germany.. :-)
Please dont ask me how I entered Germany, what happened to passport that I have entered to Germany..
(I will never ever do this.. but I am just trying to illustruate your position from the eyes of authorities
btw.. you mentioned that you are(became) stateless.. right ?)

Anyway.. before I forget to mention..
"btw Kurds give Turks problems as well"
that is true.. but all the Kurds hold Turkish citizenship.. and they have the same rights as Turks.. I think this is a pretty different situation here.. and what Kurds are demanding are pretty different than yours.. (Kurd case is more like the Spain's and Ireland's teror problem.. and I can't blame all the Kurds for this problem.. only a small amount of Kurds contribute to the terrostical organization which indeed creates the problems)

and again.. good luck.. I am on your side.. :-) I just wouldnt do the things in the way you do..

Lacrima

"because they are limiting my work-permit to 5 years and they dont allow(yes, "allow" me to work in a restaurant as a waiter.. or they dont allow me to start my business? is "Working" not part of the basic human rights ?"

nope. work is not a part of the basic human rights ;)

"You are kinda accepting being treated different from a native citizen, by accepting to have "Residence Permit" on your passport.. by accepting a work-permit..(Remember, at the very beginning of your Germany adventure ?)"

why? i mean it does not matter for me if german officials issue me a residence permit or a work permit, so long as with those permits i am treated in the same way as german citizens (yes, german citizens not natives just because by now lots of foreigners have german citizenship)

"maybe I should also flush my passport into the toilet.. and demand german citizenship, because I am suddenly stateless.."

i didn't do that: neither i flushed my passport into the toilet nor have i demanded german citizenship. all that was demanded: treat me as a stateless person, or prove it legally that i am not stateless; neither unfortunately was done till now. therefore i have to apply officially for a german passport and once i get a refusal, file a suit to a court of law - then they have to do either first or the second ;)

"Please dont ask me how I entered Germany, what happened to passport that I have entered to Germany.."

why i always answer those questions without problems! i provide complete information to officials, and never they were able to prove that i lied, just because i always tell truth.

"btw.. you mentioned that you are(became) stateless.. right ?)"

sure. just one country did not follow human rights and gave me their citizenship automatically without my agreement, when i was stateless, and after that refused to annulate it. now my position is that unlawfully given citizenship can not be considered as a citizenship because it has to be annulated. corresponding information was already submitted to UN comittee in Geneva

"that is true.. but all the Kurds hold Turkish citizenship.. and they have the same rights as Turks.."

if they accept turkish citizenship, sure, otherwise they have the same rights which Kurds in Iraq have. you see, here is a problem, because Turkey gave them its citizenship without their agreement, they do not want to have it and basically want to have their own State ;)

"Kurd case is more like the Spain's and Ireland's teror problem.."

sure. because in Spain and Ireland there are groups of people as well, that want to have their own State. which does not make them terrorists, but freedom fighters. terrorism - it's just a new word which is used against people by governments and "golden milliard", in order to make a "modern slavery" possible i mean, humans always create new means, but the sense always remains the same: some people want to have slaves who work for them ;)


you tell me you wouldn't do it in the way i do? then you just do not have a problem with existing system and accept your place in it; i obviously do have a problem with existing system, as it gave me the place which i cannot accept. normally such thing is a fate of bastards *lol* ;)