Hi all,

In December 2004 I found a small IT-company which issued me a Green-Card. On 19.01.2005 I've started my job in Berlin. Today, however the boss told me he lost the biggest project and starting with 16.05.2005 my contract it's over.

Somebody know what are the steps to be done in such a situation? Should I go to Arbeitsamt and (or) Ausländerbehörde?

Do I have the right to search for another job in Germany? Am I allowed to stay any more in Germany?
Do I get any un-emloyment benefit? Anybody has an ideea what should I do with my health-insurance?

Any help would be much appreciated.

I wish you all a nice day.

Thanks a lot,
Stefan

Hi All,
If anyone is fired without much reasons, Is there any laws to take the employer to the court?? Will there be aby chance to win

Stefan,
You were probably in Probation period. In such a case, there is not much to do. Unfortunately you can not also claim Unemployment Benefit wíthout having worked 1 year at least.

Theoritically, you should leave the country now but if you are lucky and you have your means to support yourself, you may get a 3-Month period from ABH for job-search.

Good luck

Lacrima

Thanks Lacrima! Tomorrow I'll get in contact with the Ausländerbehörde and I'll see what can I do next.

Hi Stefan,
There is a law that you have to inform to arbeitsamt within 7 days of getting job lost notification,otherwise you will be fined €50 per day. Also you will have to give reason why you informed later to arbeitsamt,if you didn't informed within 7 days. It happend to me & was fined but was lucky to get job soon.
Your Employer will give you a letter for arbeitsamt,stating why your job is being finished.
Just a info.

dilbir

Hi there,

After the sad experience in Mai I have finally good news, I mean I found a job and I received the final green light from the Auslanderbehorde for it.

In short the steps were:
1. I've got an unbinding visum from Auslanderbehorde.
2. I found a company interested on my services.
3. I visited Auslanderbehorde again and I informed them about that company.
4. Auslanderbehorde started a checking procedure (to check if there is a german programmer available for the position I found) and this checking procedure took about 4 weeks.
5. Auslanderbehorde informed me that everything is all right, they'll bind my visum with the details of the new company and after that I can start work.

I hope that this can be useful for some of you. If you have additional questions I will be glad to answer them.

And finally some words for good moral: from my experience I can say that the IT situation in Germany is not as bad as I thought in the beginning. Actually I found several companies eager to pay even more than the minimum salary for GC.

I wish you a nice weekend!

All the best,
stefanp

If you had a GC, I wonder why did u need the arbeitsmarktpruefung!

I am right now in a similar situation due to change of job. My new company just submitted the documents to the ABH which should be proceeded very fast, right? I shouldnt be waiting for any German or EU citizen!

I wish this is be faster in this case as my planned joining is on 15th of August. If the ABH make any delay (which they often do), any advice how to deal them?

Thanks
Ad.

xadnan@: I'm in a similar situation. I made use of the famous BMI letter and sent it to the AA. Let's see if it helps or not...for not having any Aprufung.

Krisztian

"My new company just submitted the documents to the ABH which should be proceeded very fast, right?"

if your company submitted any documents to ABH that means inevitable Arbeitsmarktprüfung

if you are GC, you should tell your company that getting a new residence permit is your responsibility, and apply for it yourself without telling ABH anything about your employer

KrisztianK@: What is the BMI letter please?

-@: I have GC and have valid visa for another couple of years. Now I still need a new work permit as my last work permit says its valid for my old company. What I understand from the $46.2 is that I should get a work permit for the new company without any arbeitsmarktpruefung. Or?

xadnan@: The GCs from this forum wrote a letter to the German Bundesministerium concerning the issue raised by you as of Aprufung in case of job change for a GC holder.
You can download the answer for this letter from the link below (it has two pages) which says that WE do NOT need any Aprufung as the "very-competent" Beamters had supposed beforehand.
The file name is "bmi-bf.tiff" :

http://www.e77.de/download/

You can send this letter or show it to AA to argue on this issue.

Krisztian

Hi, the file "bmi-bf.tiff" has only the first page. The second page is missing....isn't it?

NO! you can see both pages with a proper TIFF viewer (MS document imaging)!
Personally I converted it to pdf. I'll ask trust7 to post the .pdf format instead of tiff what creates most problems for people being able to see only the first page of it.

Krisztian

Hi Kristianz,
Thanks for the information. Actually I just went to the ABH today and submitted the required documents(A from (provided by ABH) filled by the employer and the work contract). I also provided a letter from my lawyer which clearly explained why I wouldnt need a AMP. The lady at the ABH didnt look very interested in anything, only thing she said is that she will inform me when this is done, which in her opinion could take time. Schade!

Did you get your WP done?

Regards,
Ad.

I viewed it with the free image viewer IRFANVIEW
http://www.irfanview.com/main_download_engl.htm

At the top bar you havea n option to go to Page 2.

Hi xadnan,

Similar case. I was last week at AB where I started the process for a new WP. I asked the Beamterin what about the Aprufung in my case being with GC since 2001 showing the BMI letter to her as well.
She made big eyes and said that she had no glue about this regulation and I should contact directly the AA (happened to be in another city) to convince them that I need NO Aprufung!!!

I handed in the filled form for Zustimmung for Arbeit... my new contract and the BMI letter that's all. The Beamterin will act only as a relay between me and the AA...interesting isn't it?
I let my new employer know that I had started the process thus the HR department will track and talk to the AA in my case arguing with the BMI letter too.
Sometimes I felt that I was the only person knowing the GC regulation in the whole AB.

Let's see what happens next

Cheers,
Krisztian

P.S. I sent Detlef the .pdf format of the BMI letter so that he will post it already tomorrow.

Hi All,
I am changing my job and as I was in the ABH, they said my new visa will be binded to the new company. So far I have visa as GC without any binding to my old company rather binded to IT.

Any advice or experience?

Ad.