Hi2all,

sorry because repeating but sometimes is hard to follow discussions because we start with one thing and finish with something else ;).

I work for one company but I signed contract with another. In new company I will start on 01.03.2005.

Today I was in AB and they did not know what to do with me and that they will have to check with AA ?

What can I expect ? How long whole process will last ? Is one month in advance enough ?

Thanks,
Dracus

P.S. I am in Ettlingen (10km from Karlsruhe)

Hi Dracus,

Are you a GC or not? I am not a GC and I will be changing company starting from 01/06. I applied in the AB first week of Jan. They seemed at least to know how to start the process.
Me and my new company had to fill a specific form, I have been told that I don't need to go to Arbeitsamt as they will check with it, they also told me they are not sure about the time but may be in 1 month I will get a reply.

After 2 weeks they told me they will give me a Niederlassungserlaubnis because they think I am a Hochqualif!! but this might take up to 3 months!!!

wsh

Yes I am GC. I changed my job in November but that was before new law.

Now everybody is confused what to do. Do I need to have a check (I think not and I left few parts from law to people in A, how long I will have to wait, etc...

Interesting situation and that is a reason why I need experience from other people who were in same position like me now .

Since you have already left some parts from the law to ABH people, you know all there is to know (par. 46 sect. 2 BeschV). There are other experiences, better than yours. Some people have got the new visa which was not binded to company, it was just written "Beschäftigung erlaubt". Some people even have to go through "arbeitsmarkt check", which is wrong. What happened at the end - I do not now. You can find this in history of this forum.

I will call AB today (in 2h) and hopefully they will have information that I need.

Problem is because I have to quit my current contract today and on the other side I have to wait for some response from AB.

Basically, how long takes this check (if I have one)? Of course, I will try to go without check but you never know .

I do not know what kind of "check" are they doing. If they are going to do real "arbeitsmarktprüfung" then you have actually a problem and should consult a lawyer. This kind of check takes weeks (months), and must show that there is no german or any other EU citizen which is able to do your job. Normally there is always one, so there goes your job. In better case, which I sincerely hope will happen, they do the same check as they did before for GCs which wanted to change job and that is: salary > 39400 and job = software developer or similar. If you do not have diploma then you should have more than 50000 euro salary.

Is it possible that they have to do real "Arbeitsmarkt" check ?

In a way this is total mess because we are nowhere. We can work but have problems to change job. When I think right to work has to be stronger then right to change job.

I called AB people but they did not reach AA person to check what to do with me. I will try in 1h but if they do not have answer I will quit in my current company and then fight with them if there is a problem to start to work in new company from 01.03.

Of course, I hope that everything will be ok and that now we have just a moment of confusion in their office (A ;).

What I have to say also is that before 01.01. they were hard for cooperation and when I asked them about my status after 5 years lady from AB just told me to come one month before end of 5 years to apply for new (unlimited) visa. What a surprise .

I just talk with AB lady and she told me that people from AA told her that I have to submit my documents like that I am apply for my first job in Germany and that in one week they will say can I work or not.

Isn't this crazy ? This will be my 4th company in Germany and everything was ok until now.

Problem is because yesterday I signed contract with new company and because today I have to quit in current if I want to work from 01.03 and now I do not what to do. To quit and risk that I have problems to start to work in new company or just to forget everything and to miss better salary and beter position?

Concerning that check if I have possibility to write what company needs then AA will never be in possibility to find somebody appropriate ;) (I did that for my first company) but it is not question about finding ways how to go around law.

Situation is bad .


Any opinion ?

here is your solution.
go to Hamburg Mitte. ;)
Beamterinnen there are wonderful. You will certainly get Beschäftigung erlaubt.

Hi Dracus,

why donot you show the ABH the §46.2, §27 in the
BeschV oder §9 in the BeschVerfV. According this,
it does not need a check for you.

Life sucks.

I was today in AA and they told me that maybe I can get change of visa because of new job but also maybe not. Bad situation.

I was confused because he asked for my University diplom and when I said that I do not have IT diplom but Industrial Eng. he said that I have to work for 51.000€ or more.

Is this true or not ? I think that I read somewhere that this limitation is removed.

I show him parts from new law and he said that this is totally new and that he has to make check.

What stupid situation. I am working 4.5 years here, this will be my 4th company and now I can not change my job but I am forced to work in company that I want to leave.

What they will do if I am without job, they will not give me opportunity to search for new job?

Hi Dracus,
Instead of all these heart burns why dont you spend a few hundred euros and take a lawyer. Having worked for 4.5 years this money maybe worth investing dont u think??

Cheers
rajesh

everything is possible.
this 51k is history and you should get AE with less than 51 and without AMC.
If you arbeitslos they can legaly do what they want. They could even send you nach Hause immidiately. In that case even lawyer does not help. They can give you time to search for job but they do not have to. And question is why would you search another job when they will turn AE down since you will not find 51k job.

So do not make mistake. If you let them turn your visa down and quit your job you are lost.
Take a lawyer and get this AE.

I have to wait until tomorrow because then AA man will tell me can I work or not.

If he says that I can not work I guess that VPMK people will get new client and I will have reasons to sue AA and AB.

I wanted to quit yesterday but I could not because AA said that I can not do that before check so now I have to wait one more month and it is a question will my new company wait for me that long or not.

Problem is that I will have base salary and bonus.
I will get bonus if I send invoices for 60% of my time and on the other side I MUST send invoice for min. 60% of my time because if I do not achieve this I will loose my job so this comes to that that this is not a bonus but a part of salary over which I can earn more money if I send invoice of more than 60% of my time.

But it is hard to explain that to AA people because they just check base salary .

I am ready for tomorrow ;).
I have copy of §18 and $19 in Zuwanderungsgesetz_ZuwG and also §9 in Beschaeftigungsverfahrensverordnung_BeschVerfV where is written that if I worked three or more years I can get "Zustimmung" so we will see what he will say about this.

If he refuse to give mi "Zustimmung" I will not quit and I can not start to work for new company but in that case as someone wrote I will ask for written explanation why I can not change company and then I will go on court because of that.

I hope that he will realize that law is law and that there can be only one way how you can read it ;).