Hello everyone,
due to "bad financial problem and readjustment", I was fired 2 weeks ago. But my visum erlischt mit Beendigung meiner Arbeit(31.12.2005). I used to have unlimited contract and till_31.12.2008 Green Card. I work at my current firma exactly 2 years.
Last Monday I went to Arbeitsamt München to register first. But the lady was not clear about my visum problem. On Thursday I went to Ausländerbehörde (München Umland, Mariahilfplatz 17). The Beamtin told me I must go to Rathaus to submit my application in the week of Christmas, and go to Ausländerbehörde in the last week of this year.
--"Why so late?"
--she replied, they need my latest information.
--"How long?"
--she gave me unclear answer, 1 month, 2 months. when i declared that i have been informed by lawyer and showed her some document, she "corrected", "3 months. after that if u reapply, we will check...."
She also told me i should make appointment with Arbeitsamt after my visum is prolonged.

MY QUESTIONS:
1. are there anyone who has been to Landratsamt München after kündigung? and knows how long they would prolong the visum?
2. supposed that i move to another city after i get prolonged visum, shall i tell Arbeitsamt München immediately?

Thank you for your help!
winter2005

did you read this forum at all?

I mean it is for your sake not mine

if you red this forum you would know that you can get unbinded visa with work permit for IT according to §46.2 BeschV

you should write Antrag auf Auflage Aufhebung.

if you were litle bit smarter you could do that without telling ABH you lost your job. it would go much more smoodly than.
with unbinded visa your AufErl would be valid with or without job and you could search for job until 2008 or even longer

HelloS,

i think she read it, but i think some Information is not so easy to understand if you are not used to work together with the "nice" official Offices in Germany.

Would there still be a chance for her to get an unlimited Green Card even after she already informed the ABH ? From what i gathered the Company which fired her, also kind of "forced" her to report to the ABH immediately.

I guess she just followed the rules, so maybe there is still a way to help her out I think waiting until 27th of december and expect to get a prolonged Visa for another 3 Month is a very bad idea.

Suggestions ?

Landario

To DVD,
first of all, thank u for the reply.
Yes, I came here TOO late.
In my case, the firm "forced" me to register at AA on the next working day after termination. Then AA told me i must go to ABH immediately.
I am kind of tame sheep.
My visum is company binded one.
And I've worked here only 2 years.
As far as I know, I don't satisfy the requirements of BE(2.5 years studies and 2 years work).
And I don't think ABH would reply to my application for Auflage Aufhebung before the end of this year.
I do NOT have plenty of time.
Could u do me a favor to answer me Question 2?
Or send me some valuable links according to my case?
Thanks a lot!

winter2005

answer to 2
when you change city you must anmelden at new AA and at new ABH and get Meldebescheinigung.

you did not read my Answer and especcialy not forum

YOU DO NOT NEED 3 Y IN D FOR IT BE OR IT EG.

you can not get EG or BE but you can get EG or BE for IT. acctually that is the same thing.

so search a litle about §46.2 BeschV and try to explain it to your ABH.

are you she or he?

anyway I saw you visited lawyer already.
I can only say he is idiot not lawyer if he told you to go for 3 months.

I don't know did you understud it by now but:
- you have right to get "BE in IT" Auflage in your pass according to §46.2
- this Auflage is unlimited WP in IT
- it is usually not binded to firma sou if you change firma or lose your job your visa stays valid and you can get ALG from AA and search for a job another 3 years or more without even going to ABH.

SOME GUYS HERE GOT THIS IT Be IN 5 MINUTES.

HelloS,

Dvd it's a she and she is always extremely afraid and timid when it comes to goes to Offices like AHB.

I read your RTF but i also have some questions. You refer to your permenant stay in Germany for over 4 Years and you been working for 3 years.

In her case she has been in Germany for like 2 Years now and worked for 2 Years because after her studying for returned home before she came back to work her.

Now, will it be enough for her to refer to § 46 2 BV or have all 3 conditions like in your case be fulfilled to get the unlimited IT BE.

Thank you for your time

Landario

it must be enough to refer to §46.2 BeschV
cos she can hardly get something eith §9 beschVerfV.

it is allways hard to explain something to ABH if they think differnt. I had such a cases too. Look May Antrag auf Auflage Aufhebung link.

important is to stay calm and try to pursuade them. AA helped me a lot cos they know much more than ABH. it is also better to talk to chief cos Sachbearbeiter will not even tink. They just do what boss says.

Thank u so much, DVD and Landario.
I changed my visa this morning. Yes, quite fast.
And Landario(a nice German) called the Beamtin and her chef before they interviewed me.
Also gratefulness to other GC holders who used to fight with Anspruch.

This forum is really a family for foreigners.
winter2005

I am glad fro you but You did not mention what visa did you got.
Is it a 3 months job search visa or is it real "Beschäftigung erlaubt in IT" visa that lasts like your GC till end 2008?

If it is BE till end 2008 than you really have something to celebrate

Hi Winter

First of all Congratulations!

Second please tell us also:

1- What did you do? (used DvD form?, just talked to the Beamter u.s.w.)

2- Where it was?

Thanks

sorry, it is till 31.12.2008.
Beschäftigung gem. §27 Nr. 1 BeschV im IT-Bereich gestattet. Selbständige Erwerbstätigkeit nicht gestattet.
Requirements:
1. 1 Passbild(new standard one).
2. ur valid passport
3. anmeldung paper (i registered this April after I moved home. But I forgot to take it with me, but she said it's ok, just pay 5 euro more, she would call the Rathaus herself).
they just want to make sure where I live, and whether I have registered at local Rathhaus.
4. money(10 + 5 euro---5 euro für Auskunft).
Actually i printed out the whole BeschV this morning, put it in a nice folder....
Fortunately Landario called them before I arrived, So I didnt explain too much in front of Beamtin. And she was not the lady whom I met last week at ABH.

I have been living in the countryside north to München. So I went to Ausländerbehörde (Landratsamt, Mariahilfplatz 17, München).

P.S. I didnt use the form from DVD.
Sorry, I am NOT a good student here.
But I have read his "ABH_antrag_DvD.rtf".
Not satisfied with the requirements. So I just printed out BeschV.
That's all.

You see. And lawyer would go for 3 months.

now you have long time to search for job
and what is more important now you have chance.
with 3 months job search visa nobody would give you a job!!!

so you do have reason to celebrate

PS
you got it in few days. I needed few months

@winter2005

First of all congrats for the BE!

As I was also trying to get the pure BE I would like to get in contact with you for a few questions. Can you please post your email here or send me an email at:
cybigi@googlemail.com

Thanks in advance.

winter2005:
"Sorry, I am NOT a good student here."

maybe you are not good student but you surely are one very LUCKY student

Hi,

I started tracking trust7 forums since last one week. I have gone through most of the threads in visa questions forum but could not really find a solution for my problem. I am working in munich on a greencard since October 2003 as a permanent employee. My residence permit is valid until October 2008.

Recently I got a contract offer from a company for which I want to work as a freelancer. What kind of VISA is required to work as a freelancer(with an agency as an umbrella company)? How much time does this process take?

This is what is written on my residence permit:

"Selbständig erwerbstaetigkeit oder vergleichbare UnSelbständig erwerbstaetigkeit nicht gestattet.
UnSelbständig erwerbstaetigkeit nur als IT-Spezialist gemäß der IT-AV bei der Firma XXX gestattet

Die Aufenthaltsgenehmigung erlischt mit Beendigung der Beschäftigung bei obengenannten Arbeitgeber

Keine weiteren gültigen amtlichen Eintragungen"

Thanks in advance
Rakhi

@Rakhi

Recently I got a contract offer from a company for which I want to work as a freelancer. What kind of VISA is required to work as a freelancer(with an agency as an umbrella company)? How much time does this process take?

You need EG. Please search the forum for more information and eligibility criteria.

Thanks Akshay for quick response.I have gone throught the forum and the eligibility seems to be a 4year stay in D or 3 year working in D as per $9 of BeschVerfV. But I have not completed 3 years in D. So, I am eligible only for BE as per $46.2 BeschV.

I was told by someone that it was possible to change the green card VISA to freelance VISA before new immigration law, if the company is ready to give a freelancing contract. But I dont know if this is possible now as per new immigration law.

So, I dont know how to proceed. Any suggestions are welcome.

Thanks in advance.
Rakhi

"Selbständig erwerbstaetigkeit oder vergleichbare UnSelbständig erwerbstaetigkeit nicht gestattet.
UnSelbständig erwerbstaetigkeit nur als IT-Spezialist gemäß der IT-AV bei der Firma XXX gestattet

Die Aufenthaltsgenehmigung erlischt mit Beendigung der Beschäftigung bei obengenannten Arbeitgeber"

That's a problem. If you didn't have those sentences in your AE that prohibit you any kind of self-employment explicitly and bind your AE to the job in one particular company, you could say that accordingly to 46.2 BeschV you can do freelancing without changing your residence permit. but now ... try to persuade officials to change conditions in your residence permit on EG, because you have no chance to get a residence permit of a self-employed person. you will not invest 1 mil. EUR in german economy and make 10 new working places here, right? then they have to ask IHK whether the market needs your freelancing. what will IHK answer with such a big unemployment rate (in IT as well), i guess is not hard to predict ;)

Thanks for the response. So, I should persuade the official inAusländerbehörde for changing the VISUM type to EG as per 46.2 Beshv.

1)Do I need to prepare an antrag for this or just show them the Beschv document?

2)What documents do i need to carry?
3)And how long does this process takes? I read in the forum that some people got BE in a few minutes.

Thanks in advance
Rakhi

"1)Do I need to prepare an antrag for this or just show them the Beschv document?"

I would guess it is better to have both, and the respective letter from BMI as well - search the forum for it, or give me your e-mail address (my is rfursa@yahoo.com), i will scan it and send you

the "Antrag auf Auflage Aufhebung" i guess you can find here as well - as far as i remember, DvD published his here. just change the content so it will suit your sutiation ...


as for the possibility to get thing done in several minutes, i would say if you don't do any mistakes it will depend on your luck only ...

Many Thanks for the reply. Can you please send me the scanned copy of BMI letter to rakhi_007@rediffmail.com. If possible the sample antrag letter as well.

Thanks & Regards,
Rakhi

@Rakhi

RTFF.

Hi,

I found the Antrag(prepared by DVD), and BMI letter in the forum.The antrag from DVD doesnt seems to suit for me. I have not completed 3 years in germany and the application mainly argues with this point. So Can I go with BMI letter, BerschV, and my passport?

@Akshay, I did not get what you mean by RTFF. Can you please explain me?

Thanks & Regards,
Rakhi

"I did not get what you mean by RTFF. Can you please explain me?"

Here is my guess:

Read The F.. Forum

call first to see what does your ABH thinks about §46.2 as a reason to give Eg for IT

I went to ABh & she says that i will get only after 3 years. Now what to do next?plz suggest.

do a written Antrag for Eg in IT acc. to §46.2


remember they MUST give you Be for IT
but for freelancing you need Eg for IT.
They CAN give you that too but they are not obliged to.
In fact they are obliged only if you invest 1 milion € and make 10 new arbeitsplaces

ADVICE:
do not say that you want to do full freelancing
say you want only to do part time freelancing and you will continue your unbefristete job.
that way they give Eg much easier and Eg for full and short time freelancing is the same