Dear all,
My GC is expiring (5 years) in October 05.
I have been informed by my personnel department that as per the new law if you have worked as GC for 4 years then your existing AE can be extended.

1)Is this information is true?
11)Is it a law or is it also subject to the ABH office will and discreetion.

111)What are the loop holes and negative points if we take this extention and after apply for NE(after 5 years are over )i.e. in November in my case.
1V)Do we have to give a test in German language in this case of NE?

Please advice!

I request gurus like DVDs e.t.c. to advice on this.

Hallo,
this is quite a simple question.
-yes its true
-its in law, u should look Beschaeftigungsverordnung uebergangsreglungen
para 46. this has been disscussed in this forum for a long time, so u should search old forums.
For GCs they have removed 5 years limit. Normally people who have worked 3 years or legally resided in Germany for 4 years, are entitled to have unlimited work permission. Its not in the hands of AB etc. but you have right on it.

-i dont think it should have any negative effect on NE later.

Regards,
MH

Hi ,

Actually this is a very Good Idea!

I see everybody here is talking about NE , but nobody has talked about current GC Extension in the same Company!!!

i want to do exactly just that!

ofcourse its always good to ask if anybody has ever done it before...

:?:
Has anyone in this Forum tried to extend their GC for the current Company?

This is true especially for those GCLers who have do not expect to change Companies until the Expiry of their current GC.

This is important for Employee as well as for Employer , because as an Employee i need to plan so many things many Months before , for example most of my Colleagues have already planned their Vacation for the whole of 2005 , but me , i can't do that. I feel also that my Employer wouldn't put me in Projects that would span more than 1 Year if he doesn't know that i will be here for next 2/3 Years. so you see my point...

I can't change my Apartment if im only left with 8 Months on my Passport

I can't buy a nice German Car the German-Style if i can't be here for the next 12-36 Months.


Actually , how about asking for a GC-Extension for 30 Years!?!? yes i said it ! - 30 Years befristet AE !! unless somebody shows me a section from the New Law which says i can't do that!!

No just kidding with that 30 Years Extension , but i don't think the AB will say NO to someone who has been here for 4+ years already , who also wants to extend thier GC for another 2/3 Years....and apply for NE sometime later.


Besides, this New Law is still on Test , so if for example things get very Bad for the Germany Economy in the next few Years , they will definitely put Restrictions on the Law with some other Verordnungs and the like... in fact Minister Schilli had said that!

Schönen Sonntag noch.

I think RP can last max 3 years. If you reach 5 y in D ABH will probably ask you do you want NE or 3 years RP. But it is not GC extension. That is normal RP. There is no GC any more.

So it is obviously much better to take NE-PR after 5 y in D because with only 3 years you can not get lawn for auto or for apartment or house.

And what is worst of all if you have 3 year visum and you lose job you'll find it much harder than with NE and you could be even send nach Hause if you do not find it quick.

Thanks for the info.

1))Will I be restricted to the same company I am working for in this new extension?
11)Can I get the extention of my GC now and apply for NE in November this year.

I hope i do not have to wait till my new extention expires.


PLEASE ADVICE !

PS:m SORRY IF I AM Asking the same thing again.

1. according to law (BeschV) it should not be binded to firma, but some Beamters bind it.
11. no you do not have to wait till AE is over.

Hey DvD

Take a little look to the last answer from Mick (info4alien) to the same question made here by mk this morning ("Neue Greencard in Aufenthaltsgesetz").

Interesting isn´t it?

Regards

YO

I just saw it.
That means we were right again. AE should not be binded, just as I said.

Hi DVD, YO and All,

I got the reply from mick of info4alien that my residency should be independent of company. He said that it is not understandable why the ABH has bound my residency with the company and it is enough it my residency is bound only to IT. As per law (IT-ArGV §6 (3) & § 46.2 BeschV, BeschVerfV), my workpermit should be bound to IT only.

When I got the residency I asked the lady in ABH if I would need further check of Arbeitsmarkt. She said - she does not know the new law: very typical answer.

Now I would like to have your suggestions and opinions:

Should I go to ABH to change my stamp so that I am bound only to IT? Or should I wait until I change a job?
If I go to ABH, should I bring the printouts of the related law? Should I also give them the answer from info4alien? Will get angry if I refer to info4alien?

I would appreciate your comments!

Danke Schoen!

MfG,

MK

Hi mk

You know? Maybe you are the last of "us". We are a kind of Dinosaurs, the GC. We know already the first GC, maybe you are the last.

What to do? OK, just my 2 cents.

In your boots, I wouln´t do anything. The answer from Mick was very valuable. He is the boss in some ABH (if you want to know where visit info4alien) and he doesn´t say "yes" unless is very clear and with a legal fundament.

But you are just comming. You could get a GC and you could get 5 year vissum, more than most of the GC could get at the first time.

About the name of the employer in your vissum, well we think is nearly related to the Bundesland where you are. Most of the GC (maybe 80%) have the name of the company, but by now I think is not so problematic in your case.

By now, most of the ABH doesn´t now clearly the law. Some opinions, telefone calls and so on. So if you go now to the ABH with copies and text of the new law, I think you will be rejected and the name of your company will continue in your pass.

In my opinion, could be a little bit wise to wait a couple of monthe till the new law be accepted and learned for the ABH and we can claim very clear what do they write and why.

But, just my opinion, you are free. Just tell us the end of the story.

Regards

YO

it is hard to change it.
Beamters that give binded visa do that because they got instructions from boss or above.
They do not think about law and it does not help if you show it to them.
Until 2005 law also stated that GC is binded to IT not to firma, but Beamter made binded visa.

On the other hand it is not so bad if visa is binded because you can allways change it without problems to work for another firma.
Problem is only if you became arbeitslos.

Try to ask Mike how to pursue nonbinded visa at ABH.

Some guys that had unbinded RP received binded one, now when they changed firma.
On the other hand some had binded and received unbinded after changing firma.
So it is really chaos out there and I am afraid it will stay that way.
It would be smart to make business with bets if one becomes binded or unbinded visa.

Hi YO, DVD and All,

I thank you for your valuable advice, opinions and experience.
Surely I will let you know the outcomes of the story if I pursue on the case.

regards,

mk

as dvd was saying - we can do something to get a clear and unique explanation for all GC. I think there is a big difference between company binded and unbinded residency. With a binded workpermit, it sometimes might be little hard to get a new job because the new employer may have to go through beamters for us. This is an extra headache for the employer. Many companies do not want to pay extra efforts for this kind of work.

Do you have any opinions how can we get a clear explanation of this case(may be contacting with bundesinnenministrum)?

mfG,

mk

It is my opinion that there should be the unique and predictable treatment for all GCs all over the Germany regarding issuing and extension of the residence permits.

Although the recent immigration law clearly defines the improvements in the residence status of the green-card holders, the immigration offices are sporadically refusing to issue residence permits according to new, eased regulation. All of that happens without obvious reason, and apparently also without legal background.

Green card holders that are already in Germany are facing problems when changing jobs, many are unsecure regarding extension of their residence permits.

The current and previous practices of some immigration offices towards "green card" holders diminishes sustainably chances of the Germany to acquire the highly qualified personell on the international job market.

For here stated reasons, and for the further reasons that some participants of this forum might also add, the German federal government should be informed immediately about the current practices regarding green-card holders.

This should hopefully produce the apropriate official instructions to all immigration offices regarding policy for issuing and extension of the green-card residence permits.