Hello friends,

I am an IT professional employed by an Indian company and have been working for it's client in Germany Since July 2004.
Now my project is over and I need to go back to offshore development center, within next 3 months.

My Aufenthaltserlaubnis is valid till July 2008.

The exact words on my Residence permit are -
"Wird ungültig mit beendigung der Tätigkeit als IT-Fachkraft. Sonst.Erwerbstät.nicht gestat."

Now I have following questions for you.

1. If I resign from my Indian company from here itself, can I legally stay in Germany and for how long?
2. What steps should I take when I resign from my current company e.g. inform to arbeitsamt etc?
3. I understand that my Resi permit is not bound to my comnay, is this correct?
3. Since it is not bound to my company, I believe that I can change the company without the need to get my Resi Permit changed. Is this correct?
4. Does my current employer has a right to invalidate my Resi permit?
6. Can I work as freelancer (i.e. on contract without being an employee) in the IT field?

Any kind of information, suggestions, advice on my situation will be highly appreciated.

Regards,
Manish

Hello Friends,

Please, this is kinda urgent. Nobody has any answers for my queries?

Regards,
Manish

Hi

1-)It depends. It is case to case basis. Usually a period for the time of unemployment benefit might be given but no guarantees.

2-) Well.. several.. I am just lazy to write them down.. do a search in the forum..

3-) It is not bound to company but it is bound to the continuity of your employment.. so it is practically bound to your company.. therefore.. no it is not correct.

4-) No it is not correct. Your residence permit will be void when you quit your current job.

5-) No, unless he fires you.

6-) No

Do you have this yellow paper(Work-permit) which was given to you in 2004, when you first got your residence and work permit ? Any mentioning of IT-ARGV on those papers ? if so, then you may have the ABH change the wording on your residence permit and get BE or EG.

Regards,

Lacrima

Thank you very much Lacrima for your reply.

I checked my documents and This Yellow paper, the work permit is 'Arbeitsgenehmigung'. I could not really find the word IT-ArGV on this document.

There is another document I have with this and it's heading is as follows -

'Zusicherung der Arbeitserlaubnis nach der Verordnung über die Arbeitsgenehmigung für hoch qualifizierte ausländische Fachkräfte der Informations- und Kommunikationstechnologie (IT-ArGV) (für Neueinreisende)'

And this document certainly mentions IT-ArGV. Now I am not sure how it fits with the information you have given. Does the work permit should also have IT-ArGV mentioned somewhere? Only then I can get my AE changed to BE or EG. I have also heard that you can change it to BE only after 3 years, is it true?

Regards,
Manish

Hi Manish
Take the yellow paper together with the paper which mentions the IT-ARGV to ABH.
Tell them you would like to change the wording on your residence permit according to BeschV §46 (2) as you may change your job in the future. (The wording will be changed to BE or EG. This depends on the ABH but it will be better than your current one)
http://www.aufenthaltstitel.de/beschv.html#46
Take also a copy of the law paragraph in the link.

3 Years is not necessary for GClers(IT-ARGV) as a special paragraph already gives this right to them without any minimum year requirement. (BeschV §46 (2))

Regards,

Lacrima

Hello Lacrima,
Please excuse for adding new in this chain,
as i could not find to create new one,

The situation is same, but i dont have problem with job,But i would like to know wheather
its BE or EG or other...because i have extension
in next 8 months.
on first sticker with photo

Aufenthaltserlaubnis
§18 IV s.1 AufenthG

on second page

Beschäftigung als : IT fachkraft
Bezirk der Agentur fur arbeit: Berg Glad Bach
gestattet.
sonstige Erwerbstätigkeit nur mit genehmigung der
Auslanderbehörde gestattet.

I came to germany in may 2004(GC)under IT(ArGv)
When i changed my job i got this...
so it is confusing, so in my next extension,
do i need to ask BE or EG
Please excuse both of you for interrupting...

Please add your valuable comment or direction.

Regards
Concord

Thanks very much lacrima for your help.
Manish