I didn't know that the GreenCard program was still active in 2005. I thought it ended on 31/12/2004? (I'm sure I read that somewere)

And today I found this article regarding about the declinig number of greencard immigrants that went to Germany in 2005

http://www.expatica.com/source/site_article.asp?subchannel_id=52&story_id=26593&name='Green+card'+immigration+to+Germany+falls+in+2005

Gus

I didn't know that the GreenCard program was still active in 2005. I thought it ended on 31/12/2004? (I'm sure I read that somewere)

Greencard is still active, but not that way described in the article.

If you read IT-ArGV (aka Greencard Regulation) very carefully, you'll find that §9 was changed on 16.07.2003 from:

http://aufenthaltstitel.de/it_argv.html#9alt
§9 Inkrafttreten, Außerkrafttreten
Diese Verordnung tritt am 1. August 2000 in Kraft. Sie tritt am 31. Juli 2008 außer Kraft.

to:

http://aufenthaltstitel.de/it_argv.html#9
§ 9 Inkrafttreten, Außerkrafttreten
Diese Verordnung tritt am 1. August 2000 in Kraft.

That means IT-ArGV is still valid! But the §6 prevents all applications since 31.12.2004:

§6 Beantragungszeitraum und Geltungsdauer der Arbeitserlaubnis
(1) Die erstmalige Arbeitserlaubnis kann bis zum 31. Dezember 2004 beantragt werden.

Between us we translate the situation above as: Greencard is since 31.12.2004, 23:59:59 dead (copyright of this description: Nobody).

Technically speaking, Bundestag (German parliament) can change §6 anytime, by raising the application deadline. This way Greencard becomes effective back again immediately!

And today I found this article regarding about the declinig number of greencard immigrants that went to Germany in 2005

Still IT-people are coming to Germany with ZuwG (because Greencard is not effective now). But they are still called with "Greencard-Immigration" here.

IMHO, the decrease comes from the economical situation in Germany, and the "traditional" bureaucracy private companies cannot afford:

1. Before Greencard and after, it took/takes 6-8 weeks of time to get the work permit in Arbeitsamt (because of market check). Greencard reduced it to 1-2 weeks (although some of us didn't see that, for example I took it in 1,5 months): http://aufenthaltstitel.de/it_argv.html#7

2. Arbeitsmarktprüfung - market check. It means, if someone wants to work in Germany, it is checked whether there is a jobless German or EU citizen but can work in that position. Greencard disabled it for applicants. This check was there before Greencard, and it is there now after Greencard.

Klenze17.

"Greencard disabled it for applicants"

Job market check was never disabled during the so called Greencard process but IT-ARGV Regulation only made sure that Arbeitsamt was doing this check at longest in a week.

Regards,

Lacrima

PS: IT-ARGV text also does not mention anywhere that Job market check should be disabled.

and if you want to read the original article without the bad/wrong translation "Greencard immigration falls etc.."

You can read it here(in German)

http://www.aufenthaltstitel.de/zuwg/1142.html

Regards,

Lacrima

Lacrima iki gözüm,

PS: IT-ARGV text also does not mention anywhere that Job market check should be disabled.

Please look at §6.3:
http://aufenthaltstitel.de/it_argv.html#6

(3) Nach Erteilung der erstmaligen Arbeitserlaubnis können weitere Arbeitserlaubnisse unabhängig von der Arbeitsmarktlage erteilt werden.

I think this phrase corresponds to job market check. They have put this phrase here for that purpose. I understand from the paragraph above that all Greencards issued with no market check.

Or do I miss something here?

Klenze17.

@klenze17
Haklisin galiba.. o zamanlar biryerlerde okudugumu hatirliyorum is piyasasi kontrolunun hizlandirilmis sekilde yapildigini ama herhangi bir referans bulamiyorum.. tek referansim hafizam yani..

I am not sure whether the text referenced by you means that job market check is disabled.. but not that important.. just forget it.. ;) there is no point to discuss whether there was job market check or not at that time..

Regards,

Lacrima

dostum Lacrima,

I am not sure whether the text referenced by you means that job market check is disabled.. but not that important.. just forget it.. there is no point to discuss whether there was job market check or not at that time..

Yes, it doesn't make sense any more because Greencard is anyway at the moment not effective.

The laws or orders can be interpreted very interestingly. Another example of "interesting" interpretation is following one:

http://aufenthaltstitel.de/it_argv.html#7
§7 Durchführungsvorschriften
(2) Die einem Arbeitgeber vor der Einreise der Fachkraft von der Agentur für Arbeit gegebene Zusicherung, die Arbeitserlaubnis zu erteilen, ersetzt für die ersten drei Monate der Beschäftigung des Arbeitnehmers die Arbeitserlaubnis.

This paragraph means that the IT-ArGV paper you received from Arbeitsamt ensures you the first 3 months of residence permit you'll receive from the Germany Embassy in your home country, after having gone to Germany.

But there is no phrase in this paragraph that this 3-month residence permit Embassy gives is valid only for Germany!

The German embassies interpret this phrase as though the 3-month residence permit is valid only for Germany but not Schengen countries! I had received that 3-month permit valid for Germany from the German Embassy in Istanbul and couldn't travel to other EU-countries in Schengen system.

We already talked about this issue:
http://trust7.com/en/forums/visa_questions/arrived_in_germany
My post there. I got the same problem.
http://trust7.com/en/forums/visa_questions/arrived_in_germany/re_arrived_in_germany__3

Indian's post. She got the same problem:
http://trust7.com/en/forums/visa_questions/arrived_in_germany/re_arrived_in_germany__4

Anyway.. These are tiny stuff but interesting points!

Have a nice evening!
Klenze17.

Thanks for the explanations... Politicians really know how to confuse people!
So lawyers can offers their services! :-D