Hi !
Today I became the first GC to change my job successfully here in Munich. As we all know all things will be processed by ABH from now on.
The right process runs like this
- one will have to fill a special form (veranderung form) from the new employer and submit it to ABH.
In my case this job changing form (veranderung) was not available in ABH luckily, so I was given to fill visa extension form called (Auftenhalt verlängerung) form.

The beamters also had a heated discussion, since this is the first case. They read the law for 2 hrs. But to my surprise all were very aware that for IT people they HAVE to treat separately and quickly WITHOUT checking the Arbeitmarkt.
(I think there is a special internal circular in ABH for IT people)
So finally at 11:00 clock I received the Auftenhalt/Arbeiterlaubnis after waiting 3 hrs from morning 8'0 clock. Not only this they even lenghthen my visa by another 3 years, since my contract was unbefristet.
So this is a very good and positive news for all GC that I would like to share. And by the way the ABH guy was also happy that he is the first person to issue this permit.

Best of luck for all people out there who wants to change the job after 2005.

We told you man, when you first asked. Anyway, congratulations. It is good to see that officers are also doing the correct thing in practice without pushing the people to go to court etc..

PS: May I ask what they have written in the explanation part of your residence permit(Aufenthaltserlaubnis) with exact german wording.

Thanks

Lacrima

Hi,
That was really good news,since I am having the same situation. Could you tell me where I can find veranderung form + which kind of visa did they issue for you ? are you able to work as a freelancer as well ?
Cheer and thanx for your help

Congrats P_tuladher,

you must be relieved that you got it all without too much delay.

sun

congr tula!
Few info would be helpfull.
What was start and end date of your GC visa?
I ask becuse I want to know with this 3 years verlängerung is your complete time in De more than years.
I supose you have completely new visa now that has nothing to do with GC.
Is it stil binded to IT profesion?

So I am glad that I am not the only one that has nice experiences with ABH.
And hat down for your ABH people.

Hi !
Here is whats written in the visa ?

"Unselbständige Erwerbstätigkeit nur gestattet als IT-Fachkraft bei (company name) in München.
Selbständige Tätigkeit nicht gestattet.
Keine weiteren gültigen amtlichen Eintragungen."

The veranderungs form differs from ABH to ABH.
I took a sample from Arbeitsamt München. But they said it was not the right form and they do not have one from ABH München. This is infact some custom form that should be prepared by ABH. If they have not prepared one u may be lucky as me.
This form has to be filled by your Employer.

The verlangurung form is a standard form and is same in all ABH, I believe. I filled this form, which was simple. You will also need a photo.

My visa was extended from today's date till
03-01-2008. I have been working as GC for past 4 years. So alltogether it adds upto 7 years !.
unbelievable.

Also to add one more thing. A person cannot work as freelancer.
This Auftenhalt + Work Permit was also checked by a lawyer in my company who specializes in Arbeitgesetz.
The overall law is difficult to interpret and vague and it was meant to make it vague so that it covers all possible cases. I spent last week reading all about these laws.
But the spirit on which zuwanderungs was made is clear - "It is to give an opportunity for highly qualified professionals to work and settle here. So if people working in IT field cannot get a work permit quickly then NOBODY can "

so it is binded to firma
schade. they could also give it binded to IT.
In that case you wouldn't need knew visa if you change firma.
I supose it is only in Bayern so.

at first congratulation.

but do you know, what is your problem in your visa? You can not get "Arbeitslosgeld" or very difficultly, if you become "Arbeitlos", because your visa is bound to your company. My visa is not bound to my company "gültig nur als Sofwareentwickler".

Yes DVD. Its befristet.
Non binded ones are ALWAYS unbefristet. Even in befristet if there is no firma name it always referes to the current firma.
But the ones who already have unbefriste can from now on automatically apply for Niederlassung erlaubnis.

Anyone who works is Germany more than 1 year is entitled to 6 months of arbeitlosgeld whether he is bounded to firma or not.

This is also Arbeitgesetz. Correct me if I am wrong.

All GC visa are BOUNDED to the current employer whether its stated in the visa or not. So if I interpret you correctly GC also wont get arbeitlosgeld just because they are bounded to the firma ?

Please know your rights.

hi man,

what have you so false information.

So many people must go home, if they become "Arbeitslos". They should go to ABH, if they lost job, when the visa is bound to a company. And the ABH can give or not give the time for the job-Searching. You can not get "Arbeitslosgeld", if you donot get the other visa for job-Searching, even if you have paid "Arbeitslosversicherung" for 2 years. I must not go to ABH, if I become "Arbeitslos", because my visa is not bound to one company. I need only to go to "Arbeitsamt".... Do you unterstand us now?

tula and gc you are both wrong.
According to law all GC are binded but to Tätigkeit instead to firma.
Even if there is no erlischt..., even then it is writen that visa is given according to IT-AV and according to IT-AV it is invalid without job.
On the other side if one has firma name in visa, visa is stil for whole IT bereich because IT-AV says so.
So when some with or without firma name, or with or without erlischt... gets arbeitslos, both should get another job search visa to get ALG.
Luckily people at AA do not know those details so if they do not see: erlischt...
they think visa is valid and they allways give ALG.

Hi GCHolder100,
I understand you correctly but perhaps you dont understand me correctly. I started this "thread" to help other GCs like you so that they know before hand how the new procedure is like.
Yes many people after losing job must go home because they have not worked a minimum of 1 year to get entitled to arbeitlosgeld, many people must go home because they cannot find job during "job-suche" visa.
If you are a GC and think that your visa is not bounded to a particular company you are WRONG.
ABSOLUTELY WRONG. Its always bounded to the current employer. This has also been clarified by Bundesministrium of Interior .
You MUST from now on also register immediately in Arbeitsamt within 1 week of losing your job (befristet, unbefristet). Not doing so will result in a heavy penalty. This is due to new law
which u may be familiar called ALG II (Arbeitlosgeld II)
Previously I worked in Berlin and there they always issued visa without company name. I was happy and under same illusion (like u) until I began to explore more about Arbeitgesetz and finally after Ministry of Interior clarified of this issue some time back.
The experience I have told here is not some imaginary or for fun. Its my personal experience. I am one of the first green card holders. I have no interest here to dessiminate false information.

Hallo p_tuladhar41,
thanks for sharing your experience with us.
you said you had GC in the past 4 years. That means, before you changed your job, your valid visa should be till MM 2005.(because the GC visa is befristet in 5 years). About this point I have the following question:

According which law did the ABH give you a visa for 3 years? Because the ABH here gives the visa normally only for 1 year.
Thanks for your info.

Hi guys,

just to add some more info about that. i know some
friends who worked in FFM only 20 months or so and not even got 1 year arbeitslosegeld but also got
"arbeitslosengeldII and then social help!" what? yes! thats true.

i think because GC was valid only until Dec,2004,
we should better look in law how it will be
according to new law.....

however i think those who have worked about more
then 4 years, should have any problem about it...

regards,
GC

Hi,
But it seems that the low has not really been changed for the benefit of GCc since your visa still binds to the company and you are not allowed to work as a freelancer. if you change your employer you must again apply for new visa and etc. Could someone correct me what is the real benefit of new law for GCs?
Cheers

@king
Binding to firma is question of luck.
In Bayern visa is allways binded to firma but elsewhere not allways.
Same was before and same is now.

tula:
"If you are a GC and think that your visa is not bounded to a particular company you are WRONG.
ABSOLUTELY WRONG. Its always bounded to the current employer. This has also been clarified by Bundesministrium of Interior."


tula this is wrong.
In short: I changed 3 jobs and received ALG in between with one same visa.
So you are wrong and according to law visa is not binded to firma but to job.
So when you lose job you have no visa, but you can get ALG and search for another job.
Even if you hava visa binded on firma it is not really binded to firma because you can allways change job and go to another firma. You only get new Auflage in visa

Just for info:

Same ABH office, two Beamters sitting in two different rooms.

GC1: One stamped "Firma & Tätigkeit" & Fee Euro 50+ :-)

GC2: Other room "Without Firma & Tätigkeit" No Fee

Later, GC1 found it from GC2 and went to same room :-) to change. The "Firma" was removed, but no refund of Fee. It was told that GC2 may be called to pay as well. But, GC1 denied that "PESH" has happened and should not be for GC2.

So, its just a mean of understanding.

Every GC need atleast an "L", now its your understanding, how you mean it

a- Luck (dont need anything else)
b- Law
c- Lawyer

I would prefer to try in the above mentioned Hierarchy, because, if you are not lucky to avoid that "Room" like GC1, you should try to convince thru Law(As DVD has tried to explain in this forum), but as always, there is the option to opt Lawyer, I think Detlef has offered a great opportunity in this regard.

In Germany, its said, "Angst Kultur". I hope, you understand it atleast for now, till you get "Unbefristet".

Thanks p_tuladhar41 for sharing your experience.

Could you please also tell whether when was your Visa going to expire, because GC is issued for 5 years and they extended your visa for 3 years, when you reached to a 4 year limit.

GC