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got success for Unbefristets ArE

got success for Unbefristets ArE
Respuesta
11/04/05 12:40
Hi All,

As I discussed with you about getting a Arbeitserlabunis without any limitations, I got the response today from ABH. The arbeitsamt has approved my permit to practise any job including selfständig. Today I called the ABH. The Beamterin has told me that the application was successful. She would write to me a letter which things should I bring with me to get the stamp in my passport.

During my application with the ABH, the Beamterin told me that she would help me to get my approval. Now she helds me. She is really really friendly!

Just for your info: I came to Germany in Sept 2000 as a student until Oct 2003. From Nov 2003 to Feb 2005, I worked as a Doctorand. Since March 2005, I have been working with Greencard.

best regards,

mk
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
11/04/05 13:35 en respuesta a Mashud kabir.
congrats MK and thanks for sharing the info with us.

But not every one are lucky to get a friendly beamter or amterin.

regards
jackal
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Re: got success for Unbefristets ArE
Respuesta
11/04/05 14:59 en respuesta a Mashud kabir.
HI mk,
At first let me congratulate you for good news.
I have got one question after reading your past working status in Germany.
How did you qualify for the rule: Paid 60month social insurance.
Is this 3years work as student also considered??

Am interested to know more about it.
Perhaps I may eligibil for NE.
My status here in Germany:
1999oct-2001oct as student
2001nov -till as GreenCard holder.

Thanks in advance,
Rgds,
Jelda
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Re: got success for Unbefristets ArE
Respuesta
11/04/05 15:44 en respuesta a Mashud kabir.
@ Jackal
thanks!

@Jelda
Thanks for your comments! Here is how the thing:

During my application I provided with the Rente receipts from BFA. I have paid 27 months of Rente during my master study, and 15 months as a Doctorand. I paid 42 months rente. But it needs 36 months to qualify for the Unlimited Arbeitsrlaubnis (UArE). So it can be said that the rente as a student is also counted for UArE.

I think you are eligible for UArE if you have paid in total 36 months rente. Do it now if you have not done yet. You may not qualify for NE right away. But if you get UArE, this will ease your procedures to get NE/Citizenship. You should apply for citizenship rather than NE when your GC expires in 5 years if you would like to.

When I asked the ABH to remove the company name from my passport orally, the arbeitsamt did not permit to do so.
But when I applied for UArE with particular law paragraph in written form, then I succeed. So it is better to make any application in written form with particular law.

regards,

mk
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Re: got success for Unbefristets ArE
Respuesta
11/04/05 16:18 en respuesta a Mashud kabir.
Congrats mk!

Would you like to share the text of the letter? If so, do send me at fredjeffry at homail dot com

-Fred
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
11/04/05 16:44 en respuesta a Mashud kabir.
Congrats MK!

But a question. Could you please explain what is Unbefristets ArE? In what way it is different from BE? I am a GC from 2001 and is valid till Mar' 2006. Is it good to have a UnAre and then go for NE? If so, how?

Thanks in advance for your explainations!
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
11/04/05 17:03 en respuesta a Mashud kabir.
Congrates also from me ,

MK , sorry , you are drawing a rosy picture ( when saying 'you can apply for citezenship instead of NE ' .
It would be more informative to everybobdy if you share the paragraph of the new law according to which you got your settelment .
Regards
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
11/04/05 17:05 en respuesta a Mashud kabir.
Hi MK congrats,

may be you can share the content of ur letter here so that it will be useful for us.

regards
jani
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
11/04/05 17:06 en respuesta a Mashud kabir.
@Fred
thanks!

Due to the change of my working place, many documents in my last working pc can not be taken with me. I put some important private docs in the gmail, but I did not find the letter I sent to ABH. But I think I have a paper version in my house. I will look for that in my house and send it to you.

@gc-fiend
thanks!

Unbefristets ArE (UArE) is same as Erwerbstatigkeit Erlaubins (ErE). It is little bit different to BE. With UArE/ErE you can even do your own business, but with BE you can't. There has been a lot of discussion in trust7 about this. So when you qualify for BE, you may also ask for UArE.
For NE, the AA shall have to approve you for BE/Er/UArE. This is one of the main approvals to get NE. If you qualify for UArE, you should take it immediately. Then you are one step ahead during NE application.

regards,

mk
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
11/04/05 17:21 en respuesta a Mashud kabir.
@ green2000
Thanks!

"when saying 'you can apply for citezenship instead of NE ' ."
--> you got me a bit wrong. I asked Jelda to apply for citizenship instead of NE. He can apply for this because he already spent 2 years as a student. When his GC expires, he will be here in De for 7 years ( 2 years study + 5 years GC). HE can then apply for citizenship.

"It would be more informative to everybobdy if you share the paragraph of the new law according to which you got your settelment ."
-->I did not say that I got my permanent settlement. My approval was for any work and business, and this approval is permanent. I wil not need any further approval for job as long as I am in De.
my friend gc2000!I hope you can now understand me!

regards,

mk
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
11/04/05 17:24 en respuesta a Mashud kabir.
Well done MK
Congratulations!Would also like to see the content of the letter if possible.
regards
GnR
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
11/04/05 17:25 en respuesta a Mashud kabir.
I think my case would be specially useful for those who paid rente during their study to get a BE/ErE/UArE.
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
11/04/05 17:39 en respuesta a Mashud kabir.
Dear MK,

I have one question. Now you have UAE, what happens when the time specified in your visa expires. Of course, you would be eligible for the NE. But assuming that you do not apply for NE, can you just go to ABH and ask them to extend your resident permit. Theoretically, they should not check anything before extending the resident permit.

Perhaps others can also shed some light.

Sun
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
11/04/05 17:49 en respuesta a Mashud kabir.
@sun
"But assuming that you do not apply for NE, can you just go to ABH and ask them to extend your resident permit."
--> I hope residency extension should not be any problem.
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
12/04/05 2:56 en respuesta a Mashud kabir.
Hello All,

I am facing the same situation. Since the Zuwanderungsgesetz say that the "Hochqualifizierte" get the right for Unbefristet work right away! My situation.

1. Came to Germany as a student April 2000
2. Finished Masters Sept 2003
3. GC since Oct 2004

paying my taxes since May 2003..

So I went to Auslanbehörde and talked them into issuing me at least an Unbefriste thing.. The lady there was'nt sure if i fall into the category of "Hochqualifizierte " I assume that i am so, but she would need some "proof " ?? Does an Internationla Masters is not enough (specially when I have done my Bachelers Electrical Engineering as well before (not from Germany. tHne the question came for my Spouse to get a work permit , she did not allow so as she said that my spouse will have to take the permission from arbeitsamt.and since the GC allows permission to work in a restrricted field, so will my spouse get a "restricted " permission to work in the particular field she is qualified for !! Should that be so. We thought that the spouses of GC holders will get a normal work permit after ayear but she said its not 1 year but 2 years till they get a permit and that law too is changed so they could only get a visa if they get a permission from the Arbeitsamt. and that too in a restricted field of their Fachgebiet !!!!

I am very disturbed will all the situation. my questions:

1. Does anyone seeing my situation, thinks that I qualify for an unbefirstet visa ??
2. How can my Spouse qualify for a work permit "unbegrenzed bzw. Fachgebiet" ??
3. How can I qualify for NE??

I need your help most urgently ..
Thanks in advance.

Best Regards,

Newcomer
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
12/04/05 11:44 en respuesta a Mashud kabir.
@newcomer
"1. Does anyone seeing my situation, thinks that I qualify for an unbefirstet visa ??"
--> there is no way to get it at the moment in your case as you are not hochqualifizierte according to the definitions of the law.

2. How can my Spouse qualify for a work permit "unbegrenzed bzw. Fachgebiet" ??
--> dont have a clear idea!

3. How can I qualify for NE??
--> for NE you need to wait until your 5 years in job ends.

regards,
mk
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
12/04/05 12:22 en respuesta a Mashud kabir.
Hi,

I searched the letter in my house, unfortunately I did not find it as I moved to a new place recently.

But I can write down that in English here. At first I wrote that letter in English and then I translated by Google in De. After that I myself improved the google translation with my poor German knowledge. It worked fine at the ABH as they were interested only with the content.

So here is the Example letter I sent to ABH:

Dear Frau X,

I have been living in Germany since Oct 2000. Currently I am working under so called greencard regulation. Now I would like to get a work permit without any limitations according to BeschVerfV §9 (1). This parra states that
"(1) Die Zustimmung zur Ausübung einer Beschäftigung kann ohne Prüfung nach § 39 Abs. 2 Satz 1 Nr. 1 des Aufenthaltsgesetzes Ausländern erteilt werden, die eine Aufenthaltserlaubnis besitzen und

1. drei Jahre rechtmäßig eine versicherungspflichtige Beschäftigung im Bundesgebiet ausgeübt haben oder

2. sich seit vier Jahren im Bundesgebiet ununterbrochen erlaubt oder geduldet aufhalten; Unterbrechungszeiten werden entsprechend § 51 Abs. 1 Nr. 7 des Aufenthaltsgesetzes berücksichtigt"

I qualify for the following reasons

i. I have already paid 3 years of rente (requirements: BeschVerfV §9 (1) abs. 1 )

ii. I am an engineer qualified enough to secure my life in Germany for practising jobs

iii. I fulfill all the requirements to maintain my residency in Germany.

I, hereby, attached my rente paying documents from BfA, last three months salary slips, current job contract.

I hope that you would consider my application according to the above mentioned ground and grant me a permission to practise all kinds of jobs without any limitations.

Thanking you.

Sincerely,

Y
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
12/04/05 13:32 en respuesta a Mashud kabir.
HI mk,
Nice to see your reply.And thank you for sharing information on this forum.
As you told perhaps I am also eligible for UrAE.I will try out in next coming days/beginning of next month with Arbeitsamt.I hate myself, I got to move to new apartment by the end of this month.And its damn hard to find a reasonable apartment in Munich.

You told me, I better try for citizenship rather NE.
But as I know the years you live in Germany with studentvisa are not counted for citizenship.

Rgds,
Jelda
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
12/04/05 13:43 en respuesta a Mashud kabir.
@Jelda
The years as a student are counted for citizenship if you apply for it outside Bayern and Baden-Wuertenberg state.
have funs!

mk
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
13/04/05 15:36 en respuesta a Mashud kabir.
Dear mK,

Thanks and congrats .

Are you sure that student period is counted for nationality?

Authenhalts bewillung is not counted as far a i heard till now.

But I hope you are right .

Do you have any law or something which states this.
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
13/04/05 15:45 en respuesta a Mashud kabir.
"Authenhalts bewillung is not counted as far a i heard till now"

It is counted in some states. There is no law or smt which clearly says this should be counted. That is why some states count it and some do not. There were long discussions in info4alien regarding this. Bayern does not count for example.

Regards,

Lacrima
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
13/04/05 15:47 en respuesta a Mashud kabir.
Same in BW too
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
13/04/05 15:49 en respuesta a Mashud kabir.
@havehope
Yes, I am sure that study time is counted for citizenship if you have a job at the time of your application.
The Eibürgeringsgesetz (i.e. citizenship law) gives that right. In the law, it is said that you should be here in De legally (gewohnliche & rechtliche) for 7 years. Except BW and Bayern, all the other German states consider study time as gewohnliche & rechtliche.

I personally know some guys who already got citizenship counting study time.

have real hope emoticon

mk
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
15/04/05 10:25 en respuesta a Mashud kabir.
Hi mk,

could you please tell me which law can be used to apply this? Which articles? (This way we could avoid a long quarrel with officers there)

Thanks,
EE
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
19/04/05 14:35 en respuesta a Mashud kabir.
Hi All,

On Friday I got the new work permit stamped in my passport. It now states "Erwerbstätigkeit gestattet".
My residency is until 2010 as it was earlier.

@adna_f
I have already given the sample letter to apply in this category. please have a look!
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
25/04/05 19:37 en respuesta a Mashud kabir.
hi mk,

congratulations on ur success on getting the UArE. as i understand from your post (quoted below):

"I think you are eligible for UArE if you have paid in total 36 months rente. Do it now if you have not done yet. You may not qualify for NE right away. But if you get UArE, this will ease your procedures to get NE/Citizenship."

I would like to ask this: If anyone has paid 36 months of "rente" can he/she go and get the UArE? i am working on GC since May 2001 and am gainfully employed even today. however unlike you, i did not study anything in Germany (all my education was completed in India itself)

a response would be appreciated ...

regs,
AT
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
25/04/05 19:41 en respuesta a Mashud kabir.
You can try to get UArE according to § 9 BeschVerfV and you should get it.
Search a forum.
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
25/04/05 20:24 en respuesta a Mashud kabir.
After reading all the posts I somehow felt the title to be very misleading for this topic.

Unbefristets ArE- Unlimited (In the sense not limited in time period or never ending)

But it should have been like this
Ohne Einschränkungen/Begrenzungen ArE.

NoTE: ArE - Arbeits Erlaubnis

Am i right or totally wrong. If I am correct then someone replying can change the title tooo

regards
jackal
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
26/04/05 12:30 en respuesta a Mashud kabir.
@jackal

as i have already said to this forum that Erwerbstätigkeit Gestattet (ErG) is a permission to do any works. If you read what are the rights we can get Unbefristets ArE, then you must not be misled.

Your explanation about ErG is right!

As a matter of fact there is not any universal key words to describe ErG. Different guys in the forum say it in different ways.

regards,

mk
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
31/05/05 13:55 en respuesta a Mashud kabir.
Hallo all,

Hallo all,

Thanks MK for the information.

Today , i too got "Erwerbstatkeit gestattet" on my passport.

for your info: I am in germany since March 2001, in month of July 2001 i was without a job, since i changed my company.It didn't effected my application. From August 2001 till date i am working.

I never studied in Germany. I came here only for work.

In my case , whole procedure was completed in 3 hours. No questions was asked from ABH. I went to ABH at 7 , at 10 i got the stamping.

Best Regards,

Atul
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
31/05/05 17:24 en respuesta a Mashud kabir.
Hi Atul,

could you please share with us your experience, I would be very much interested to know what were the papers needed, requirements, and if you applied previously with a written application..

Thank you in advance..
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
31/05/05 20:24 en respuesta a Mashud kabir.
Hi hfm01,

I applied for the first time.

MK has written in detail all doucments needed for "Erwerbstatkeit gestattet", even he has posted what letter to be written in English, just translate to German. (use Google Translation or ask some colleague for translation). I would recommend take some help from some colleagues.

I didn't took anything more than what he has mentioned in this post. Believe me.

If you want i can repeat what he has written, in short.

1) Letter given to ABH (just copy the letter from page 2 or 3 of this post)
2) From BFA just a paper that you paid Rente ( Zweitschrift) ( minimum 36 rente , it is OK incase someone is arbeitlos in between). Incase you are not staying in Berlin, take printout from local BFA office in your city.
3) Your current appointment letter.
4) Last 3 month salary slip

Most surprising thing for me was they didn't asked why you need it . No question from their side , i quietly took the new visa and left.

3 hour in ABH. 1 hour to get a number. 1 hour wait for them to call me and submitted the document and 1 hour to collect my new visa.

Just take printout of this post and read it twice, it is self explanatory. All your questions will be answered automatically.

Regards,
Atul

PS: Thanks to MK and others who asked good questions to MK.
0 (0 Votos)

Re: got success for Unbefristets ArE
Respuesta
1/06/05 12:46 en respuesta a Mashud kabir.
Thanks Atul, MK and everyone else for sharing there experience..

Will try it and post what happens with me..

Thanks again..
0 (0 Votos)

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