Hello Everyone,
I am working in Germany since last 2 year 10 months.
My current job is over on 26th November 2008.
I am looking new job at same time i Have a question.

1. Is it possible to make work permit employer independent in this situtaion?
2. What papers I need and how I cam make it.

My Nationality is Indian and I am an software engineer my profession.

Regards
Sans

You were already eligible. But since u r contract is ending i fear that if u find a new job then u r employer shud go through all the process of arbeitsamt.
You do not need any papers for it ( may be some berater will ask you salary slips and employment contract).
There are lot of threads about this , make a search.

should I take a lawyer? Is it necessary to do it before 26th november(my contract ends). Then i have only 2 days to get it done. Please let me know if you know some lawyer.
I have some interview schedule in next week, but if I can make my work permit independent it would may open more doors.

You are fully qualified since 10 months. But the end of your contract may be an issue.

Does your Residence permit also ends on the same day? If not, just ask the beamter/in. If you are lucky you may get it.

All the best

My residence permit expires on may 2011.
So its valid till next 3 years.

what is beamter/in? Should I go to poccistraße ?

Thanks for your help.

Ya, YOu have to go to poccistr, i think auslanderbehörde will be in 2nd floor.

Give it a try for BE before 26th. If you are lucky you may get BE.
With BE u do not need permission from arbeitsamt for next job.

Well I checked with beamterin. she given me a form that need to filled up my employer. it says about job description, from to fulltime, parttime etc. Does it make sense to get it filled up by current employer? or I get new contract and get filled up by them? please suggest. it was so easy if i had know this before.

Get it filled by your new employer. With old employer it will not work out.

It’s been long time when I posted first message.
Here is new update on it and I seek your advice.

TO make clear I summarise whole event

Previous Background :
I am working in Germany since January 2006 and I have residence permit valid up to May 2011, but my work permit is tied with my current employer

1. I lost my job on 26th November 2008. I went to Auslanderbehorde to check if I can get BE. I could not because I had already lost job by this time and I didn’t knew about BE before.

2. I went to Arbeitsamt to inform them that I lost job, Beamter was almost done with my Anmeldung but when I told her that I have interview in next weeks(Indeed I had), she suggested me to try interview in coming week and if it does not work out then I should inform her again, so she postponed Anmeldung looking forward that I may get job soon.

3. I attended few interviews in Germany, as initially it was not working out I applied for HSMP for UK, so this time my passport is with UK embassy.

4. Now I got my interview result and I have an offer. But it is starting from Feb. 09.

At this stage I want to do two things
A. Change my work permit in Auslanderbehore for BE by producing my new work contract.
B. Anmeldung in Arbeitsamt so that I can get Arbeitlosgeld till End of January 2009(December 2008 and January 2009).

For both A and B I need my passport that is not with my at the moment So my question is

for B, can I collect my all earning papers since last 2 years 10 months and gp for Anmeldung in Arbeitsamt or I wait for my passport to be back(It may take 1 week from now)?

For A, Do you see any problem in my work permit transfer ?

Sans

@sanscreative

I have some questions for you, what did your previous work permit or visa had stated on it?

Was the residence permit under $18 and the work permit under $27 Nr. 3, stating company name and also written that the residence permit expires on end of employement also ? (i.e. even if the residence permit is until longer time than end of employement).

If yes, when you told the KVR or ABH that you have lost your previous job for which you had the visa, didn't they said any thing about your current visa status? i.e. normally this is binded to work permit and while losing job they say that the residence permit has expired and you get a fiktionbescheinigung. You kept staying on your old visa?

thanks.

This is what written :
ON FIRST PAGE:
Issue date, Expiry date name , photograph etc then

AUFENTHALTSERLAUBNIS §18 AufenthG

ON SECOND PAGE:
Erlischt mit Beendigung der Tätigkeit als Software engineer bei firma XYZ Munich

Regionale Beschräankung : Arbeitsagenturbezirk München

Sonstige Erwerbstätigkeit nicht gestattet.


seems you are right. I am worried what I do now ?

I was in auslanderbehorde but that day i didnt had my passport with me .i went there on they way to office.

Yes, now i got where you are.

You're on a company dependent visa and before completing your 3 years of work, you got jobless. Quite bad.

As the statement on condition of your work permit says that your Residence permit will expire the day you are unemployed. So legally, you are living Illegally since your contract finished. In this situation, you are supposed to appear to ABH and ask them for an extension in visa and they usually give a 3 month temporary visa (i.e. Fiktionbescheinigung). So you have to do this by in terms of law.

As far as i know, to get company independent visa, you shold have paid rentenversicherung for 36 months to apply for that, which you have also have not covered. and with this jobless situation I dont think you can get that.

What can happen wrong? If you are checked by police somewhere around, they will check your passport and after verfiying that it will be no problem since the residence permit is valid by their records. So it would not be a problem.
If you stay like this for longer time and then go to ABH with a contract to get new workpermit and they are able to figure out that you were living unemployed on this visa...this would be a bad luck. Now it will depend on that officer what punishment he or she gives you. This punishment could be nothing or a fine of some money OR at worst he or she can ask you to leave the country right away as you have lived illegally.

So by law, you can face a minor or bigger problem if you live like this. Some people do like this, many times they skip any detection but sometimes people do get caught. Your choice if you want to take such risk.

What I would recommend you to do, if you have a job contract with you now, go immidietly to ABH and ask them for new work permit WITHOUT TELLING THEM THAT YOU ARE UNEMPLOYED SINCE 26th nov. If they particularly ask about it, you have to speak truth since they have all record of you. You will hopefully get a new workpermit. And at the same time when you see that it was no problem you can ask them if you can apply for BE. If they say yes, then it is their work.

If they figure out that you lived on wrong visa since 26th nov, keep printout of your interview invitations (emails, etc) to show them that you were actually in process of getting new job so you wanted to come once and that for new work permit.

If you dont have a job contract now, go to ABH and probably you will get a 3 month temporary visa but it depends on officer. So no gaurranty of it.

IF you have contract with you now, I think you just have skipped a big problem. So dont worry.

I have no intension to do something that breaks rule.I already told auslanderbehorde that I lost job and I am looking new job. As this week I had 3 interviews I was in hope may be something comes out and now. I have new employment contract with me.


Now I am waiting my passport to be back from HSMP processing, as soon I get it Ill go to Auslanderbehorde. After analysing your comments and situtaion I am thinking go Auslanderbehorde to explain the situation even without passport if I can’t get it by Monday.

Sans

Could you please keep us posted with your outcome of your dealing with ABH?

it will help others in such situations.

thanks.

Since you contacted the Arbeitsamt promptly I don't see any legal complications here because u r entitled to ALG I and can extend your Aufenhaltserlaubniss as long as ALG I covers your expencies and you express the desire to find a new job here. Might have been better to finish up placing the contract for ALG I because you were not sure of the outcome of the interviews anyway and it could have been better to garantee payments first. Search the site similar situation had been covered before.

Arbeitsamt Beamter always asks for Arbeitserlaubnis What is that ? isnt it work permit that is stamped on passport? or some other paper?

Dear Forum Members,
Many thanks for your input and suggestions in tough time.

Today I Finally got employer independent work permit.

now I have residence permit valid till 2011
and my work permit says

Unselbständige Beschäftigung gestattet
Selfständige Tätigkeit nicht gestattet

Also I made Anmeldung for Arebeitlos geld(for december and january) and now I have to get papers filled up by my employers in last 3 years.

Hopefully going to start new work from february.


Sans

Thanks for sharing the information.

So you got the Employer Independent Visa after working full time in Germany for 2 years and 10 months?

Isn't it given after 36 months of working?

and you got this from KVR München?

thanks.

http://www.aufenthaltstitel.de/beschverfv.html#9

It is actually 2 years now

thanks.

this is really good news to get it in 2 years.

And one can also stay with this visa while being job lost, i guess?

Sanscreative, yours is
'' Unselbständige Beschäftigung gestattet
Selfständige Tätigkeit nicht gestattet ''

Whereas I have received a letter from Landratsamt which says,
''zur Beschäftigung ohne Beschränkung für Sie zugestimmt''

Is it BE, but written in different wordings ?
Do you know what it means?


Truster

I think so, as per my understanding yours is BE, may be some expert can flash light on it.

Hello Sans,

As you gone through the process of acquiring BE, can you let me know the process of getting BE?
also full form of BE will be most helpful as I do not know what is called BE, but I know that with BE you can work for any employer. Am I right?
which forms did you fill for this permission and from where to get this forms ?

How long does it take to get BE ? Which Absatz now you have on your passport.

Is it § 9 Beschäftigung bei Vorbeschäftigungszeiten oder längerfristigem Voraufenthalt?

I am about to finish 2 years of employment and wants to get this employer independent work permit. Your any guidance on this will be most helpful.

thanks and regards,

I am working in germany since last 2 years 4 months. Am i eligible to get this visa?
I heard that this rule is only in Berlin or is this all over germany?

@ heramble

Yes, you are eligible for BE. This rule is all over Germany.

Thanx, what is the long form of BE?

Dear all,

I asked my friend to call the Arbeitsamt to check whether I can get the BE after working here for 2 years and 6 months. The guy said that I am supposed to have worked here for 5 years! But I read here that this is not the case:
http://www.aufenthaltstitel.de/beschverfv.html#9

May I ask those who managed to get the BE before turning 3 in Germany what is needed to get it?

Thanks

you do not need something special. You need to go to ABH (not Arbeitsamt)where visa was issued. Take with you the print-out of the link you mentioned above. They will remove the company name from your residence permit.

Hello Everyone,

Can you please mention which is sthe paragraph which states that after two years of emplyment with the same employer in Germany, the Visa can be changed to Employer independant? Because I think with the Auslanderbehorde, if we take the paragraph number, they just give it, else u all know ....Please I need the EXACT Paragraph number?...thanks for all the info...

You must take the printout of the exact Paragraph to the Auslanderbehorde and show it to them, then they will give u the permit, without any questions probably. Please keep me updated about the paragraph and the VISA.... Same thing happened for my Germany language grants. No one knew the paragraph.. When I showed the pragraph they had the letter ready in 1 hour. all the best and Do not forget to update about the same..

Hii.. I am ph.D student living in germany since 2 years 7 months. My visa states AUFENTHALTSERLAUBNIS AE gemäß § 18 Abs. 4 Satz 1 AufenthG

Am i eligible to apply for BE ?? Do you any such experiences.
Thnks for the help

Yes I think you are after 24 months.
Good luck!