Hi Forum Members,

I know the topic might have been already discussed several times in the forum.
But I need a quick answer or some link in this regard.

I am a GC holder since 01.10.2001.My contract with the present
employer ends by 31 of this month.I have found an another job and signed contact with the New company.As my present Residence Permit has a binding with my present employer,I have spoken today with my Auslaenders behoerde where i now work.Unfortunately she does not know well the new law and regulations.So she told me that she needs some time to learn all this about and asked me to come after a week.She also gave me a form called "Antrag auf Erteilung einer Aufenthaltserlaubnis"
that i have to fill up and give back next time.

Does anybody have such expierience ? Will there be any problem in starting the new job beginning of April?

I would be grateful for your valuable views on this regard.

Thank you in Advance

AB will send you documents to Arbeitsamt for Arbeitsmarktcheck (hopefully a formality) - it could take 4-6 weeks, since if you new contract starts at 1st April, it could be problem.

Please, read this thread:
http://www.trust7.com/en/forums/integration/interpretation_of_beschv_46_2/(offset)/20

@ppetrov:

shino mentions he has been a GC from 2001. Which clearly shows that he has worked more than 3 yrs as GC. Then there is no AMC, right?

Basically you can expect problems not because law is not on your side but as you notice because AA and AB people do not know law.

I was in similar situation last month and (I am here since 10.2000) first they said that I need to have AMC and after I was personaly talking with AA guy (over phone and in visiting him - few times) he said that he will issue "Zustimmung". In a meantime I faxed complete law, proof that I paid all things (pension, ...), my diplom to AA so he had all documents.

So once again, push them a little and then you will get everything before 01.04. I needed it 7 days.

Also emphasize that you do not have a job after 31.03. and if they do not give you approval you are going on "Arbeitslos Geld" and that they are guilty for that because according to law you do not need AMC (show them where is this in law). Of course tell them that your new company will not wait.

In a way, I think that they do not have a knowledge and also they do not like to take responsibility for things that you missed (like your job if you can not start on 01.04) so use this to make them faster.

This time law is 100% on your side and everything depends on you now because if you wait for them your time will pass extremly fast and maybe you will not get new WP.

Fight for your right .

Hallo Dracus,

Can you pls tell me with which AA have confronted this problem?
If you don't mind,Could you please send me the law points which you had
faxed to the AA ?

my e-mail address is

mathukuttygeorge @ gmail . com

please remove the spaces in between.

Thank you very much

AA in Karlsruhe but now they know law so for somebody who comes after me it will be easier ;).

Concerning law I do not exactly because I do not have law with me but you can check some older discussions where we were talking about this situation.

@shino
you have right to WP without AMC as a GCler according to BeschV §46.2
http://www.aufenthaltstitel.de/beschv.html#46
or because you are 3 y working in D or 4 y in D according to BeschVerfV §9.1
http://www.aufenthaltstitel.de/beschverfv.html#9

but it is all useless if you run onto idiots

Thank you DVD, Dracus, fred & ppetrov.
I hope these information would help me !

Have a nice evening !

@fred

Hi, Fred,

I'm GC since 2001 too, but my documents are now at AB for AMC. Don't aske me why! The person at AB asked somebody by the telephone and after that followed his instrunction...


Regards,
Plamen

@ppetrov:

I havent ever gone through this, but am just telling you what I heard.

In any case, whether you are a GC for less than 3 yrs or more than 3 years, the ABH will contact the AA to ask whether you need AMC or not. If they say "No", then you might get your visa immeditaely. But if AA says you need AMC, then it may take 4-6 weeks.

I am also in the same situation as shino,
i went to the ABH yesterday...
for my surprise this guy want to give me the AE. but there is a problem, when he change the name of the company now, i can't work on my current company !!
he took around one hour and told me he has to contact the AA. but he told me he just don't know ob es eine firmen gebundene AE oder eine unbegrenzte AE. so i hope i will get the second one :-). any way he atleast told me there is no chance that the AA would reject the Application. let's see.


Alvin

@Alvin/Antony

Where are you? Which ABH/AA?

Danke

muenchen

Ja, komisch.

Alvin, take a look to the experience of Plamen. He is also in Munich, surely in the door next to the office you went (he was in the Beamter who serves letter "P"). 180 degrees your case, maybe same ABH.

We have to send this f.....g letters don´t it?

Hallo Alvin,

Did u get any reply ? Did they say how
long the whole process may take ?
what are all the paper did you
submit in the auslaenders behoerde ?

I wud be grateful for your answer.

shino

ja das ist richtig.
Verdammt dieses buchstaben 'A'.

shino, he ask me to come back in 2-3 weeks.
I am gonna visit ABH in 2 weeks. aber da nehme ich auch die gesetze mit :-). may be the way of DvD is the right one.

Alvin

shino,

sorry, i didn't fillup any forms. he just have the copy of the contract and my passport.

Alvin

Hi all,

I have an another Q...
does anybody know what the AA do with this AMC.
does they sent candidates to this the company? from the reaction of this ABH guy it is just a formality.

for my unterstanding, if a company sign a contract with me, the AA has no option to say, one of you should break the contract.

or they should give the order to companies before taking foriegners they have to make an anzeige an arbeitsagentur.de or what ever es heiß.


any opinions?

Rgds

Alvin

"does anybody know what the AA do with this AMC."
Yes, They check the availibility of an EU-citizen who may have the required qualifications that the job is asking for. They also check that the salary offered to you fulfills the average market values. (you are not a cheap labor)

"for my unterstanding, if a company sign a contract with me, the AA has no option to say, one of you should break the contract."
Oh, yes.. they have this option. They can refuse to give the work-permit. Your contract is useless without the workpermit.

"or they should give the order to companies before taking foriegners they have to make an anzeige an arbeitsagentur.de or what ever es heiß."
Yes, companies should publicly announce their job openings. This is also a kind of proof that they could not find someone suitable to the job, although they have announced it.

Apart from everything above, AMC should not be applied to an old GC in case of a job change. We had it once at the beginning. Usually newcomers should go through this AMC.

Regards,

Lacrima

Yes, They check the availibility of an EU-citizen who may have the required qualifications that the job is asking for.

yes i know, do you know how? i would like to inform the company about this? in particulare they don't have my profile. what in the contract stands is very abstract. ie. they contact somehow the company isn't it?


"for my unterstanding, if a company sign a contract with me, the AA has no option to say, one of you should break the contract."
Oh, yes.. they have this option. They can refuse to give the work-permit. Your contract is useless without the workpermit.

da magst du evtl. recht haben :-)

Apart from everything above, AMC should not be applied to an old GC in case of a job change. We had it once at the beginning. Usually newcomers should go through this AMC.

ok I pray for our AA and ABH "die leisten eine hervorragende arbeit um das leben vom ausländer schwer zu machen".

Rgds,
Alvin

re