Hello,

My name is Hardik. I would first briefly describe my background before explaining my problem.

I am an MS from Sweden and I did my master thesis in Germany (10 months duration). After that(4 months gap, when I was in India) I received a job and I did that from 10.10.2006 to 15.03.2009 in Germany. I changed my company in May 2008 and when I was in my probation period, November 2008, I was fired and rehired on temporary contract which ended on 15th March 2009.

When I went to AA for arbeitlosgeld and registration as an unemployed, they said "Because you have your work permit bounded to the only one employer, we can not register you as an unemployed and you cannot get Arbeitlos benifits.". They gave me a letter saying that and asked me to go to AB to get unbounded arbetiserlaubnis. When I went to AB for that, they said "When you will have a job, we will give you such work permit.". Moreover, they gave me a time limit till 27th April. If I dont have a job on 27th April, I have to leave Germany and go back to India.

Can anybody please suggest me what can be done in such case? It will be a great help to me. I am also thinking to have a lawer to file an application with all leagel clauses. So, if any lawer in the group from Duesseldorf, I am eager to here from you.

Thanks a lot in advance,
Hardik

Hi Hardik,

By 10.2008 u r finished with 2 yrs and u shld have got ur BE.. i.e. employer independent.. if u have that visa AA have to pay u arbeitlosegeld.. i donno y ausländerbehörde dint change ur visa to BE when u went there.. the people in ausländerbehörde r trying to take advantage of foriegners n asking them to return to their home country.. my question is "r we slaves?"

Ausländerbehörde will never give information to u unless u ask something.. even if u ask n if they r unaware they will say no.. so if u guys know an information for sure.. collect the documents n then go to office n they have to provide that.. this is a tip given by my colleague..

hardik go to foriegners office n ask them to change ur visa to BE..

Hi Karthik,

Thank you very much for the information. But, do you think they will change the status of my visa now as I am jobless? And I have already paid social insurance for then 2 years, so how long am I eligible to stay in Germany without job?

Thanks in advance.
Hardik

hi,

as i said they r taking advantage.. they r not fair .. u can go n ask for BE bcoz u have worked for more then 2 years in germany.. please wait for some more information from trust7 members .. they will surely help u out..

how long is ur visa valid? .. if they say no to BE u can stay here till ur last date of visa.. but u have to pay for health insurance if u stay here in germany..
i.e. without having BE
1. if u expect arbeitlosgeld u shld go back immediately..
2. if u say u dont want such benefits .. u can stay here till the last date of ur visa provided u pay ur medical insurance

TRUST7 Members please help him.. the info which i gave may be less.. please give this guy how to tackle this problem..

Hi Karthik,

Thank you very much for the information, it has been realy very useful and energatic.

Well, my visa expires on 15th May 2009. Moreover, my wife has come from India last month and her visa expires on 27th April. Hence, AB has given me a deadline till 27th April. I have to find a job by that time.

Currently I am not getting any money from Arbeitsamt. It means I do nto have any health insurance. So, could you please guide me on some cheapest health insurance as well?

Thank you very much.
Hardik

hi,

sorry.. i donno abt which insurance company is cheap.. u can ask ur present insurance company abt how much u shld pay..

i wish u good luck for ur job search.. hopefully u will find soon.. please fight for ur rights..

karthik.

It is a tricky situation. Technically speaking, though you have lost your job, in the eyes of the AA you are not “arbeitslos” as defined by the law. The reason is that your work permit limits you to a single employer and with that status you cannot take up any work, a requirement for being legally deemed to be "arbeitslos". To prove to the AA that your are available on the job market despite your current work permit status, I suggest getting the statement of the AA in writing that you will get the desired work permit on being offered a job. At this stage "arbeitslosengeld" will be of secondary concern to you.

The prime issue will be that the AA has now limited your residence permit as you have lost the job.

As a lawyer I suggest to go one step back while looking for a new job and reexamine what brought you to that point: You have been hired and rehired on a temporary contract. The rehiring on a temporary contract by the same employer for whom you worked previously needs special justification under the law. Check your contract whether a reason has been stated. The reason for having limited the contract in time, however, does not need to be explicitly stated; the reason simply has to be there. If you suspect there has been no good reason why the contract should have been limited in the first place, you can challenge the temporary basis of your contract in court, but will have to do so within three weeks after it formally ended.

Rechtsanwalt_Jain@yahoo.de

@Hardik,

Just ask AA where it is written that it is necessary to have a company independent visa to claim ALG. Dont be afraid and ask them to show the relevant section. ALG is just an insurance and is available for anyone who has paid into the system and cant be restricted on the basis of the company name in the visa.

In the mean time print out this particular section of the law
http://www.aufenthaltstitel.de/beschverfv.html#9

write a letter asking the ABH to remove the company name from your visa. Dont take no for an answer and if they refuse to take your written application ask them to give it in writing on which basis they are rejecting. If they said no, ask to speak with the boss. Be brave as you got nothing to lose. It would be a miracle if you can find a job in another 27 days.

in the present situation, i dont think health insurance is important. There are other big issues for you to deal with now.

hardik,

i was abt to give the link which raj gave u.. thanks raj..

the rule §9 says that u shld have paid insurance for last 2 years.. n u did that.. so u can ask Arbeitsamt to remove ur company name from ur visa.. do that.. n u r automatically eligible for ALG..

karthik.

Whatever duration of the visa you have, ask AA to change the current duration of the visa to B.E since you have worked here for more than 2 years.

If they say no, ask the reasons in writing.

Speak with confidence to the beamter/in. Whenever a no is given, ask the reasons for that.

The link provided by Raj clearly states that you should get BE.


Dont forget. Arbeitslosgeld is a type of insurance. You are just getting back from the system, in which you have paid into. Its simply your right.


All the best.

Dear All,

Thank you very much for your guidance and encouragment to fight for rights. I am going to do the way you all have suggested and will keep you updated about it.

I have one question for the step after. For example, the AB agrees to give me the BE till 15th May, which is an actual date of expiration of my current visa. What after that? In the current situtation, I dont expect to get the new job wihin 1 and a half months. Is there any leagal provision on basis of which I can exted my visa though I am fetching money from AGL?

Thanks.
Hardik

ALG I doesnot depend on the company WP.

I have friends who r recieving the ALG even though their WP is bound to aparticualr company.

SO just go and ask again the Arbeitsamt abt the exact rules. Or else take the help of a Lawyer. It might cost you abt 1000-2000, but worth it.

If u worked for 2 yrs then you r eligible for ALG upto 1 yr. As long as you get this ALG I you should be gien the WP.
This was said to me by my concerned person in the AB.

>>I have one question for the step after. For example, the AB agrees to give me the BE till 15th May, which is an actual date of expiration of my current visa. What after that?

If you have BE, it is easy for a company to hire you because you dont need permission from the AA there afterwards and you can join the company the day you sign the contract.

>>In the current situtation, I dont expect to get the new job wihin 1 and a half months. Is there any leagal provision on basis of which I can exted my visa though I am fetching money from AGL?

BE allows you to do anykind of job. So basically you can get a McJob and get your visa extended on the basis of holding a job. In the mean time you can still look for work in your branch. The only pitfall is that you will not get ALG if you have any work. But that is better isnt it.

Dear All,

Thank you very much for the all your help. My work is done partialy.

I went to AB with 24 months salary slips and got my BE done. But, ofcourse I used the help of a lawyer to make an application in German and with all required sections mentioned. Afterwards, AA also accepted my application for Arbeitlosengeld.

Now some more information is required. My work permit expires on 14th May. AB gave me BE, but they didnt extend the duration as I donot have a job. They also asked me to produce a job on 14th May to stay in Germany. During all this time I attended some interviews and I am hopefull from them. But, in the worst case if I dont get any job as my usual profession "Chip Design",

1) What are the legal clauses by which I can stay in Germany a bit longer (with BE)?

2) How to find other less skilled jobs to stay employed?

Thank you very much for your help.

Best regards,
Hardik

Dear Hardik,

Congrats on getting the BE! teh first hurdle.

Now the main thing, keep attending interviews for the technical job you qualify, on the other hand as Raj said you are eligible to take up any kind of work like in Mc or BurgerKing.
I would suggest use your contacts to get some kind of a work that would buy you time to get a job of your desire. May be find INDIAN resturants in your location or the plan you might have frequented earlier and explain the situation. I'm sure you would get some help.

All the very best!

We all at TRUST7 would pray for your wellbeing.

That you were declined ALG I since your visa is bounded to a certain company is crap, as stated above, ALG I is insurance based and serves as a basis to extend your staying in Germany if you express intention to find a job here. Double check your case with Arbeitsamt, they should have at least taken your application for ALG I. AFAIK you have to have 360 days contributions of Arbeitslossversicherung in the last 720 days to be eligible for ALG I, and you fulfill that. BE is good, congrats, but primary concern is ALG I approval that will buy you more time. As a last resourt sue the Arbeitsamt for wrong initial decision.

Hello Hardik
My husband is/was chip design engineer, now redundant from dec2008.If you wish we can exchange our problems and plan out some strategy for near future (with my husband).
As we also going through very bad time, visa expiring mid june2009

Hello Hardik,

Good to know that you will get the arbeitslos geld. I am also floating in the same situation, problem with me is that I lost my job after 16 months of service as Senior Design Engineer here in Germany( earlier I have worked in India around 6 years after my M.Tech.) , I am also IC Design Engineer. Will I also be able to get BE, as Dec. 2008 onwards I am on mini job with the same employer.

My visa is valid upto mid. june 2009, I am trying to search out job, but no response / or negative response till now. Some says may be they will hire in June or Sept.You can please share some companies name where I can try my luck.

I have a Son of 6 months here, my wife is working, but her Visa is linked to my Visa only.

Can anyone suggest how we can try to make the things positive in this situation ?

Mean how new Visa can be obtained ? As I am still searching for Job, and with current mini job, RV & KV are covered . Will it make me enable for BE ?

Please suggest the possibilities, I request to everyone in this forum.

With Regards,
Gaurav

@ Gaurav,

At first I would suggest you to start a new thread on the forum for your problem. As my thread is too old and when people would open the thread they will see my problme first and may ignore comments (your problem).

Ok, Now for BE you have to have paid taxes for minimum 24 months.

I am not an expert, but I think you should make your visa dependent on your wife's visa. As she has a job, at first you should make her visa independent. And then make your visa dependent on her. And as soon as one of you finishes 24 months of service in Germany, go to AB with 24 months salary slips. Get your BE done, though you have a permenent job and visa valid for next 10 years. BE is very helpful in unexpected situations.

Regarding job, it is the same senario yaar. Market situtation is very bad just find jobs at monster and stepstone and keep on appling. Our field is realy in trouble. You can call me on 017696487171 to discuss more.

And please dont forget to start a new thread on the forum to get a customized help. People are realy very helpful here.

Good luck.