Just got an idea.
Since it is quite clear that according to law we should get nonbinded visa without AMCheck I think it should be possible to use Detlef lawyers in order to asure two things:
- that nonbinded visa is issued
- that AMC is skiped.

It is not problem if visa is binded to IT, but it should not be binded to company.
According to law text it could be even unbinded to IT.

So it would be very usefull for us and for Detlef lawyers also, if they would clearly state are they able to asure nonbinded visa.
If they can asure it than everybody will rather spend few € on it than risking not to pass AMCheck or to get binded visa.

I for example will need new ArbE this year which means that this Beamter could even do AMC and refuse to issue ArbE.

Hi DvD,

I will contact vpmk today and I will ask them about this. I will let you know soon.

Have a nice day
Detlef

Yes, we can contribute to engage a lawyer to get a clerar decree from the court stating "GClers will be isssued a Unbefristets (UArE)Arbeitserlaubnis". And this should be stamped on the Passport.

All of us know that we should be issued a UArE according to §27, §46.2 of BeschV. But it should also be stamped on the passport by the ABH. Somebody can ask why do we need this stamp as there are clear statements in the law? The reason for getting that on the passport is that:
Many many German companies do not know that much about the law for recruiting a foreign employee. They always want to ask the ABH to get clarifications to avoid any legal complexities in future. If the ABH says No (even if it should be YES) for anything,then that's it for the employer. Sometimes the employer does not want to waste their efforts to recruite a foreigner considering the matter of workpermit.

So if we have a stamp in our passport something like "Unbefristets Beschaftigung gestattet" or "Unbefristets Beschaftigung als IT gestattet", we will have more chances in the job market. We will also have better chances for some other social benefits in Germany.

regards,

mk

"Beschäftigung als IT Fachkraft erlaubt" and
"Beschäftigung erlaubt" are usual.

Unbefristet is not possible because it is only Auflage and it is valid as long as AufE is valid.
And AufE is befristet so Auflage can not last longer than AufE.

@DVD I think you have that wrong!!!!

Re: Could Detlef lawyers asure nonbinded visa?
"Beschäftigung als IT Fachkraft erlaubt" and
"Beschäftigung erlaubt" are usual.

"Unbefristet is not possible because it is only Auflage and it is valid as long as AufE is valid.
And AufE is befristet so Auflage can not last longer than AufE."

This is not a problem. Unlimited AufE is provided for in 46 (2)

Die einer IT-Fachkraft nach § 6 Abs. 2 der Verordnung über die Arbeitsgenehmigung für hoch qualifizierte Fachkräfte der Informations- und Kommunikationstechnologie erteilte befristete Arbeitserlaubnis gilt als unbefristete Zustimmung zum Aufenthaltstitel zur Ausübung einer Beschäftigung fort.

So Where is the problem with Beschäftigung erlaubt???????????

Put the pieces together and you have unlimited work permission and unlimited residence. But this is only for GC'S Read all together.

Later,
Cool Dude

@Cool Dude

Please stop spreading false news and see my other post as an answer to your claim. Believe me, it is not just reading the law paragraphs, otherwise being a lawyer would be too easy.

Regards,

Lacrima

"Unlimited AufE is provided for in 46 (2)"


There is no such a thing as a Unlimited AufE.
AufE can by definition last max. 5 years.
So ABH can not give you unlimited AufE even if they want to.
There is NE which is unlimited but you get it only with 5 y in D. BeschV can not get you NE.
§46.2 helps you to get NE becuase if you have job they must give you ArbE and AufE and after 5 years you have NE.
BUT if you lose your job you could be weg von Fenster if you got binded visa that erlischt mit Beendigung der Tätigkeit. BeschV can not help you there.

Even if you have no Erlischt.. in pass, even than you can not get NE until you find job.

Hi DvD, hi *,

here comes the answer from Mrs. Ponert, one of our lawyers. She is a brandnew forum user, so she put her answer in another topic...

http://www.trust7.com/en/forums/integration/where_are_binded_rp_issued_and_where_nonbinded/(offset)/10#msg10978

Have a nice weekend
Detlef :-)

@DvD

i think you are giving us false information ;)

where is it written that :
Quote :
"AufE can by definition last max. 5 years"

show us the section from the New Law that says that.

I think it is clear that the old GC-Rule of Max 5-Year Limit is not valid nomore!!

"where is it written that :
Quote :
"AufE can by definition last max. 5 years""

i can not find it but if you find one AufE on more than 5 years I will believe you

"I think it is clear that the old GC-Rule of Max 5-Year Limit is not valid nomore"

this is completely wrong ;)
old GC-rule of max 5 year is still there. you can not have GC longer than 5 years.
but you can get normal AufE or NE after your GC is over (provided you have job)