Hi All

Well, as suggested for all of you (except you Nobody!) I went to my ABH this morning.

All related to ABH is so frustrating always that normally I´m angry as far as I open my eyes in the morning.

Well, today was not the exception. I told "my Beamten" what I was trying to make and as an answer I receive a big question mark in his face.

I told him I wanted to ask for "Auflage Aufhebung" and he cannot understand why. I explained him that I was a GC and I wanted to remove the expression "we will kick your a** from Germany if you leave the company XXX". As expected, he told me he cannot do that.

Using some of my extra patience, I told him I had received this kind of Auflage in my pass because I applied under the old regulations and now from 1.1.05 we have new regulations that have permitted others GC in other places the terms "Beschäftigung Erlaubt" or some similar to my pass.

He told me that was impossible and asked me the cause for that. I told him I´m changing my job from 1.1.06 and I don´t want my Vissum becomes invalid. I don´t have any reason to lie.

He told me that was impossible to remove and I have to apply for a "Change of job", similar procedure as a first job. Well, I asked the procedure and he told me I had to carry all the papers to ABH, make a formal petition to change my job and he will send all the things to AA to ask for the "Zustimmung".

At this moment I really wanted to beat him but I didn´t loose my calm and I told about the regulations, I name BeschV and as he showed a TOTAL ignorance about that I showed him BeschV and §46.2 telling I had the Zustimmung already. He stared at the papers and went to his own regulations (surely he thought I was written that) and prove the papers I carried was equal to the official papers.

After a couple of minutes to read this two lines, he told me a group of nonsenses from about 5 minutes to explain the unexplained and to turn upside down the grounds for that regulation and to conclude that I have to "carry all the papers and he will send to the AA" again!!!!

"OK" - How long it takes?" I said "4 weeks" he told me. "We have to start all here, send all to Brandenburg and later we wait for an answer"

To say it honestly, Fu....g S..t!!!!. I´m tired, he have no right to delay all only for not knowing the laws and regulations (or only to bother me - I´l never know).

So, please send me any idea. I don´t want to start anything because I´ll be trapped 4 weeks waiting for that answer. I want to do the thing as clever as possible to minimize stress.

Yes I know the solution would be to call VPMK but at the moment my numbers are a little bit in red, I´ll move to the north and I don´t have the money to pay that but if I had the money I´d do it for sure.

Thanks a lot for your suggestions

are you already 3 y in D?

Hi DvD

I´ll have it the 15.12.05

Today about 2 years, 11 months and 9 days

why didn't you talk about §9 BeschVerfV?
maybe ABH guy would not know anything but at AA people probably know this §9 much better than §46.2.

I would do this:
first check does ABH knows anything about §9.
if not they will ask AA.
so call AA and try to find office that does ex Arbeitsberechtigung. At my place this Eg or Be was first aproved from AA and then I got it from ABH. so try to find those guys at AA that deal with it and easiest way is to search for Arbeitsberechtigung Abteilung.

It is not called Arbeitsberechtigung any more but it is done by same people because it is basicaly the same thing.

When you get those ArbBer people (usually some Schef there) explain them your case. If they know §9 which they should than there will be no problem. AA will then send aproval to ABH and you will get it.

But if AA has no clue than you are in trouble.

You can start at once. Just call AA Centrale and ask for ex ArbBer office. They will know what it is.

beside §46.2. is writen so stupid that it can mean anything. especcialy in your case §46.2 is problem cos someone can understand that you are alowed to work for allways but only in your company.

There are some law explanations that could be used to prove your statemant but it is hard work.

§9 is better written and much more used in AA.

Hi again

Very good idea. My city is quite small, I´ll go personally to walk those corridors and I´ll find the man/woman and I´ll ask him/her to contact to "my friend" in ABH.

They are trained not to hear nothing from "externals" as me but surely hell hear the voice of AA.

The only problem is for §9 I need 3 years minimal, in fact I don´t have it yet.

Bur anyway, I found the AA (please read Arbeitsagentur) from my city in Internet and I´m writing write now.

Thanks for your advice

PS: I did write to AA - Let´s see!

YO

I have changed jobs in September this year. When I went to AB the lady from there told me that she had not too much glue about GC law and she would act only as a relay between me and AA in order to get the Zustimmung.
I handed in the famous BMI letter together with the AB documents to be sent to AA as well. In two weeks I got the Zustimmung from AA..without further questions.

Krisztian

Hey DvD

I found the lady in AA. I have this answer:


Sehr geehrter Herr YO!

Nach Rücksprache mit der Ausländerbehörde melden sie sich bitte bei Herrn XXXXX mit den besprochenen Unterlagen, Arbeitsvertrag u.s.w.
Im Ausländeramt YYYYYY werden ihre Unterlagen geprüft und evtl. eine Stellungnahme vom AA-Brandenburg eingeholt.
Im übrigen sind für die Arbeitsgenehmigungen (ausgenommen Neu-EU-Länder ) seit 01.01.05 die Ausländerämter zuständig.

Mit freundlichen Grüßen

AladyfromAA

This is the answer to the question I made her about §9

that is really big sh..

ABH says we know nothing, AA says ask ABH.
Anyway what ever they give you you can do nothing to change it.

try to call AA and to find out what they know.
this way you are in the dark. maybe AA knows nothing about §9 but you will never be able to say them anything about it cos they will say "Talk to ABH"
And ABH will not even try to learn it cos it is job from AA.

what is worse you do not have 3y in D jet.

You did mistake cos you did not write down your Auftrag with every detail and law citation.
that way AA would get those things written from you and they would have to read it.
this way everything you said at ABH is of no use. AA will not hear it.

Let's hope you will get some ArbErl
binded to IT but without erlischt would be perfect.

but if not you can ask again for ArbErl for new job at 15.12. and writte Antrag(see my).

in that case §9 will be on your side and you will have new job so they will HAVE TO give you Be or Eg

Hi DvD

OK, thanks again.

I didn´t write anything because formally I did not ask for anything. Today I only asked some questions but I don´t make yet the "formal" presentation nor anything, no formular, no pay no nothing.

I´ll think about you told me. I was wondering to wait till 15.12 when I have 3 years in D. and then I can use your letter.

Waiting till 15.12 I think won´t be so problematic because I have visum till 31.12 (my Visum says "erlisht mit Beendigung von Tätigkeit mit den Firma XXX" ans I´ll work till 31.12

it will be ziemlich eng
since there comes Christmas and ABH is even without Christmas quite slow

@DvD

Another posibility I thougt is asking BFA the proof of pay of 36 months Rente.

This is happening now (because I payed Dec 2002) and §9 says "drei Jahre rechtmäßig eine versicherungspflichtige Beschäftigung im Bundesgebiet ausgeübt haben "

Maybe works. Anyway, I have the name of the lady of AA and I´ll contact her as soon I feel in a better mood.

Would it be possible? What do you think?

why not
you will have 36 renten 1.12.05 cos first 15 days are also month. so try beginning december.
z.B. 5. december. you will already have everything needed for Be nach §9.