could anybody please explain me what BE is?

is this some extra paper from ABH in addition to your visa stamped in passport?

what is the exact procedure to apply for BE?

I am working as GC since 2001 but since my job is kind of more secure so i never paid any attention to this stuff before.

could any body reply in detail as to what papers are needed to take with you when you apply for BE?

I have a new passport..i have to apply a visa extension....should i apply the BE also in same time?

regards

regards

Now you have probably two stickers in your passport - first sticker (with hologram) where is written how long is your residence permit valid, passport number etc, and other sticker on the next page of the passport where is written under which conditions is your residence permit valid.

BE is not aditional paper - the text on the second page of your visa will change, and you will probably get an extension.

Current text you might have is something like:
"Gültig für Beschäftigung als Softwareentwickler bei Firma Beispiel, 10000 Beispielstadt und erlischt mit beendigung dieser Tätigkeit".

New text should be like:
"Beschäftigung uneingeschränkt erlaubt. Selbständige Erwerbstätigkeit nicht gestattet"

or (better):

"Erwerbstätigkeit gestattet"

Normally they also include paragraphs of the law which made the issue of such permit possible.

Now there is no "work permit" anymore - only document you need and get is the sticker in the passport. ABH now does everything - the work permit and residence permit.

thanks a lot for making it more clear.

at the moment i have one sticker but at the bottom its stated that i am eligible to work only as employee and in IT field.

so now i will apply for verlaengerung and with this verlaengerung i will probably get BE automatically???? or i need to ask them bor BE.

regards

It depends on the ABH. I would suggest to apply for BE (Aufhebung der Auflage), and not for Verlängerung. If they say that BE is ok, then also ask for the extension. Or ask both at the same time - whatever.

You are/was in quite better position that I was for example because you do not have so much limitations. You actually have almost BE because I do not think that you would actually like to work something other that IT. And your visa is not company binded.

My visa, and also apparently everybody in Bayern was:

-> Binded to company
-> Binded to employement (only as SW developer)
-> expires immediately with termination of employement contract.

So to get BE was for me a big difference because all of these limits are removed now.

Hi Cedomir,

I have the same situation as you did..

"-> Binded to company
-> Binded to employement (only as IT expert)
-> expires immediately with termination of employement contract."

And am also in Bayern(Munich)

Could you please share with me what were the papers needed and the requirements to qualify for this BE and EG.. How long did it take?

Thank you in advance..

There is no any special paper required, perhaps only the confirmation from the company that your employement contract is not cancelled. You have to ask and see. Especially if you are 4 years here - then you do not have to proove that you have worked 36 months. Otherwise you need "Versicherungsverlauf" von BfA.

The biggest "problem" that you can have is that they say "your current visa is ok, you can work with it, so what do you want --> go home". Then you say: "I have intention to excersise the second job (Nebentätigkeit)" and then they have to give it to you. But in my case and also for my wife they did not ask anything, everything run smooth.

thanks a lot...
i think now i can go to ABH and ask them for BE.

i am in dresden.looks like ABH in Dresden is good becasue the lady simply wrote me down all the papers she needs to provide me with extended visa. she asked me to bring following
1. antrag formular ausgefuellt
2. stellenbeschreibung
3. arbeits vertrag
4. krankversicherung
5. passport and one foto.

i think i will ask her to provide me with BE with the extension.


regards

@Memory
stellenbeschreibung ?
I dont think that this sounds good. I am afraid they are intending to have a job-market-check for you to extend your residence-permit which is superfluous in your case. I would be careful in such a case and ask ABH why the hell they need the "stellenbeschreibung".

Regards,

Lacrima

@memory:


What lacrimas says is completely true.
No, no and no - this is completely wrong ! I have received also Stellenbeschreibung from ABH, but I have rejected to sign it, for same reason - they intend to do Arbeitsmarktprüfung which you should not accept anymore because law (§46 BeschV) says exactly the opposite. If you sign that document you risk being kicked out of Germany !

You do not have to go through Arbeitsmarktprüfung due to several legal grounds which are:

First, most important and undeniable:

§46 BeschV

but also if you are longher than 36/48 Months in Germany also

§9 BeschVerfV

Do not sign or accept this form "Stellenbeschreibung" under any circumstances, no matter what they say. If they insist on it - seek a help from lawyer.

Wow!
I never guessed that there could be so much behind a simple "Stellenbeschreibung". :-O

Look at the last page - it is written that the company agrees to receive the job-application from Arbeitsamt, on the form itself it is written "Ab wann ist die Stelle zu besetzen" etc.

Last page also says that this Stellenbeschreibung will not be used for Arbeitsmarktprüfung for EU citizens, some USA citizens and so on, but when I have got it it did not state anything about "no AMC for GC holders which received AE according to ItArgV before 1.1.2005".

thanks all..
i have asked our HR department to ask about it from ABH. I will update the forum accordingly.

well i am now working in germany for about 50 months as GC. it means as per BescV9 I must be given an extension without any ristriction.

if any body has some more info/refrence from law please copy and paste here or send it to me at

tahmasiqbal@hotmail.com

i will get them print and take with me next time i will go to ABH.

regards

well I have got Stellenbeschreibung from my company. this is totally a differnet form as compared to one i got from ABH.

this is simply a description of job and nothing more. I think it makes sense to get an extension only if i am on job.

regards

BE stands for? and I don't understand about extending your residence permit. How is that possible to extend your visa? what are the conditions?

@Babloo

BE = Beschäftigung Erlaubt

it should be helpful if someone will pick up my second question too :-)

I think BE also stands for Berufstaetigkeit Erlaubt

@Babloo

Lets go over it step-by-step :-)

According to BeschVerfV §13.1 there are following areas which are made restricted in your work-permit.

1. der beruflichen Tätigkeit,
2. des Arbeitgebers,
3. des Bezirkes der Agentur für Arbeit und
4. der Lage und Verteilung der Arbeitszeit

According to BeschVerfV §13.2 the duration of the approved work-permit can not exceed 3 years.

Now, when you get your BE then the above mentioned restrictions are lifted from your work-permit, i.e. your work-permit becomes unlimited and on based on that your can keep extending your residence permit until your get your NE or citizenship.


Hope that helps.

@akshay

I appreciate your efforts man and your points were interesting.

@Babloo

Why, thank you!!

>>Why, thank you!!<<

hmm .. I did not thank you but lauded your efforts :-)