I start this thread to get insight about where are binded RP issued and where nonbinded.
Thing is that when we need to change company we should get new Auflage in pass. This Aufage is acctualy old ArbE and one should pursue it at ABH not at AA.
According to law this Auflage should be done only once and it should state:
Beschefttigung as IT-Fachkraft erlaubt.
or even better:
Beschäftigung erlaubt.
But it happends often that one gets RP binded to firma.
So let us make evidence where it is issued binded to firma, where binded to IT and where unbinded.
So all gals and guys that received RP in 2005 should for evidence write down visum text (or binded-unbinded), state and place where it is issued and of course if ArbMarkt was checked or not.

i support dvd's idea.

As I already told you that my visum was like this:
"Beschaftigung bei Firma .... als IT & SW gemass §18 AufthG & §27 BeschV gestattet".

Mine was issued in Stuttgart region.

regards,

mk

Ok, I didnt get a new Residence Permit after 2005 . I still have my old one, but just saw mk's post regarding the residence permit in Stuttgart area and wanted to share my experience in Stuttgart area. With the old law, in Stuttgart ABH, they issued me at that time, a residence permit which was NOT bound to a Company.(bound to only IT)

I have several GC friends in Stuttgart area, they all had different experiences with the old law(Some of them got 2 year RP, some got 5 year, some got 1 year, some got bound to company, some didnt etc..) We can not really correlate this to a region. Even two rooms at ABH next to each other were issuing different RPs. (First letter of your surname decides your luck at Stuttgart ABH..

Anyway, it is still good idea to have the people write their exact clauses in their new RP according to the new law so that we all can have a general idea, what to expect and what is being done by ABHs in practice.

Thanks

Lacrima

Hi all,

Any document which we can show ABH before they issue a visa so that the Visa stays unbonded or maybe bonded to IT and not to firma. I have an appointment on 8th of Feb with ABH for a new Visa !! MAybe I can carry this document with me, incase ABH refuses to issue me a unbinded Visa !!!

Thanks
Amol.

Hi Amol,
may be you can refer to §6 (3) of IT-ArGV, § 27 & §46.2 of BeschV.

regards,

mk

Where are the others that changed job?
I remember at least 2 of them.

Hi

I didn´t change my job but I renewed my Vissum the 20th December.

If it´s usefull, my company name was on my visa, I get a renewal for three years also with the company name on it

Maybe this procedure was following the new law because I have to wait 5 days till the "new version of the softwere for the new law" was installed and working

Regards

YO

I have send an mail to ABH in my place and explain them that I have received an official mail from BON.ZAV.IT (i belive you all got it), wich tell thet after 5 years I can apply for NE..normal as others people and, I was requesting termin when I can go and what do they need that they can issue me NE. For me and my family.
That was before 2 weeks....
Still got no answer and I asume that there they have DEFCOM 1 and are out of mind.
Goad like we are searching 'Erlaubnis' to haven!!!
If they are playing arround..if that happened to me I will palce them all paragraph and Beschv and bla.bla. things that I have collect as 'bible'...

@ Johnny English

Writing an e-mail is not a good idea. Call them personally to take an appointment and to ask questions. E-mail means "my request is not urgent, answer it when you have time"

Just got an idea.
Since it is quite clear that according to law we should get nonbinded visa without AMCheck I think it should be possible to use Detlef lawyers in order to asure two things:
- that nonbinded visa is issued (not binded to company, only to IT)
- that AMC is skiped.

So it would be very usefull for us and for Detlef lawyers also, if they would clearly state are they able to asure nonbinded visa.
If they can asure it than everybody will rather spend few € on it than risking not to pass AMCheck or to get binded visa.

I also support DVDs idea. May be we all appoint a Trust7's lawyer, and we alll contribute. He will make a case at court and will have this decree that "GCs can only be bound to IT, not any Firma". Once the lawyer gets this we all who contributed to apppoint the lawyer can get a copy of this. With this order from the court we approach to the ABH. The ABH must follow this clear instruction.

regards,

mashud

I have the following text in the additional page

"Erwerbstätigkeit als IT-Software-Berater bei der Firma xxxx gestattet"

and I did not find any law or law text reference in it.

My details

working with greencard since 2001
new company applied for greencard before dec
got my visa around 7.1.2005
Got my visa only until the remaining period of my green card
I got this done at Stuttgart- ABH (Rathaus stadtmitte)

regards
Jackal

that is so becuse you made Antrag before 2005 so thay had to act according to GC law (max 5 y).
You should do it after 2005 and you would probably get 3 years.

"that is so becuse you made Antrag before 2005 so thay had to act according to GC law (max 5 y).
You should do it after 2005 and you would probably get 3 years."

I think the ABH is issuing visa according to the validation perriod of Arbeitserlaubnis.

This with reference to the hoch qualificc....NE

The salary req. is 84500 for 2005. Brutto in a year.

Now anyone has an experience in this category? and about the details -

1) What are the documents thzat needs to be given.
2)Should the fixed salary meet his figure or total salry with bonus?
3)If bonus cannot be determined for 2005 today Is reference of past salry 2004 enough?
4) How much time it takes to get this NE through this matter?

Pl. Advice.

I am one of vpmk lawyers and unfortunately, I usually don´t have time to participate in the forums` discussions although I am reading it frequently.
According to binded or nonbinded restrictions in RP I want to add, that administration`s practice is and was not consistently. It was clearified till the first of January 05 that it was not allowed to do restriction that it is only possible to work in one company, but it was internal administration´s rule, so that it was not that easy to change the restrictions with legal means. But it was not the idea of the legislator. Right now, as special IT-regimentation has run out and it is included in the "Aufenthaltsgesetz" situation is not clearer even more although the ministery for work mentioned that the old practice should not be changed. But really, it would be interesting to "fight it through" to change the restrictions so that we could have a consistent practice. If there is some interest, please let Mr. von Hellfeld know.
Right no, there is only guarantee of nonbinded visa when you got "Niederlassungserlabnis". It is written by law that restrictions are not allowed for NLE-Holder.

So in short if you get binded AE there is nothing to do since ABH is not obliged to issue nonbinded AE. But if someone gets no AE at all because he fails to pass ArbMarktCheck.
Since law says clearly that GC needs no AMC it should be possible, with help from VPMK, to get AE without going through AMC.

Question to DvD (if you have any) and/or VPMK lawers.....
Is it possible that after 5 years, with all requirements that are need for NE for one (ex)GC,(as I undestand all GC yet are ex GC), the Beamter simply not to give NE, or find 'law' reason not to giv NE at all?
In all this laws and paragraps I just simply can not understand what is happening and what that BeschV §46 paragraph and others...and §9 paragraps for NE give as right to do.
From one side all say that GC can have NE after 5 years and from other side, that some others paragraps exist that put all situation 'status Q' and same on begining.

Mir ist nicht klar was so 'frei und glücklich für GC’ wahr, mit dem neu Zuwanderung Gesetz und welsche rechts haben wir für unsere Zukunft?!
Oder...wir wahr und wir sind biss ende unsere Mandat (von 5 Jahren) gar nicht als Sklaven?!
Ich wurde gerne haben und bezahlen ‚VPMK lawyers’ wann ich eine sicher antwort habe, ob das die können versichert eine NE für eine ex GC in Ordnung mit existierte Gesetze nach 5 Jahren.Irgend antwort...freue mich und ich bedanke mich...

Beamter can refuse to issue NE if you have no steady job or Unterhalt. If you have it and you are not terrorist than Beamter should give it after 5 years. He can allways refuse it if he for example does not know that GC can get NE. Lots of Beamters do not know it, but then lawyer can help.