Hi All,

it was last year when i started a thread for those guys who worked here before getting greencard.. I am happy to inform that I got my Arbeitsberestigung now. Thats all, but I havent got any Permanant Residency. To get permanant residency, I need to stay here for 5 years continuously and need a arbeitsberechtigung. I have a broken stay of 6 months. So couldnt get my PR. To apply for PR I need to wait till begining of August 2005.

So those who are of my case, please consolidate your pension payments in www.bfa.de . I have done this and submitted the proof of 60 months of pension payments. And they have sent me the Unbefriestet arbeitsberechtigung. As of now, its of no speal use to me until I get my PR.

Cheers,
Cmreddy

HI CM Reddy,

Congrats..! Even I am also waiting for the same news. I have finished about 5 + years.. and recently got some letter from Bfa and send all the required docs.. even they have asked my education and experience certificates right from begininig, i have asked them over phone why should I submit all, they said it is to count your overall expericence and someother benifits..

May be many people may have doubt, how I have completed my 5 + yrs.. Initially I came here on workpermit and after 3 yrs i have moved to Green card.. so after moving to Green card i have finished 2 yrs 3 months.. so still my green card is valid till 2007...

VSK

Hi cmready,

I have been in DE since 2001 with a GC which is valid until 07/2006 and I want to go back to my country now.

DO you ( or Does anyone ) know , what should I do if I want to come back to DE one year later ? Should I apply for a new GC or my GC will still be valid ?

Thanks in advance !...
TSi.

Hi there,

i know that if you are away from Germany for more than 6 months period then your visa and other permits expire. So you dont have any chance to come back on GC, assuming that Greencard initiative expires end of this year. You may need to start all over again.
Cheers,

Hi,

after a year you may not have Greencard program, but I guess, if you have a willing employer who is ready to process your Workpermit, you can always come back.. But to my knowledge, work permits are hard to come and its not really cake walk when compared to Greencard regulations..

Hi VSK,

I presume that during your 3 years of stay on WP you were getting allowance in Germany and salary in India, and therefore no deductions for Social Security were made. Thus, would these 3 years be counted for getting PR.

I have a simmilar situation as yours, wherein out of the 4 years of my stay in Germany, the first 15 months were on a WP and thereafter I have been on GC (till date - 2 years 6 months). I also have a GC valid till 2007. For the first 15 months I was given allowance in Germany and Salary in India. And therefore there was no Social Security Contributions made for those 15 months.

The problem is that , although I have an unlimited Employement Contract, I have a clause in the contract saying that the contract ceases to exist when my Work Permit and/or Residence Permit expires.

Although, I have Residence permit till 2007, the current WP that I have is till July 2005 (i.e. exactly 5 years of my overall stay in Germany). So Do I have the possibility of getting Arbeitsberechtigung, and of course thereafter PR (assuming that the current immigration law is still in place and the new one has not been introduced).

As per some experiences posted by some of our friends, it was mentioned that to get PR , u need to have a valid WP with an unlimited Contract. I am not sure, whether I may get a PR because of my WP expiring and thereafter my contract expiring after 5 years of my stay in Germany.

Any comments on this ?


Thanks in advance,
Best Regards,

GarryM

"i know that if you are away from Germany for more than 6 months period then your visa and other permits expire."

residence permit will not expire if your absence for a longer period of time than 6 months is agreed with local immigration office. however, accordingly to §2 Abs.6 ArGV the six-year counter for unlimited work permit will be reset if you are going to live abroad for more than six months.

btw, there was another topic not long ago where somebody told us that it's unreal to get anything good out of §2 Abs.6 ArGV. Well, this topic just confirms that i was right *lol*

Congratulations to those who received unlimited work permits! as you now are able to accept any job offer, getting unlimited residence permits for you is only a question of time. of course, if you will want to get them when the time comes, plans sometimes change

"Although, I have Residence permit till 2007, the current WP that I have is till July 2005 (i.e. exactly 5 years of my overall stay in Germany). So Do I have the possibility of getting Arbeitsberechtigung, and of course thereafter PR (assuming that the current immigration law is still in place and the new one has not been introduced)."

you need 6 years of your overall stay in Germany *lol* ;) and i fail to see how your contributions in pension fond can affect a decision about an issue of unlimited work permit. those contributions are required to get an unlimited residence permit of type "Aufenthaltsberechtigung", yes, but for unlimited work permit? :o

if you switched to GC, they have to prolong your work permit till 2007 accordingly to IT-ArGV ... if they refuse to do that i guess they understand IT-ArGV in very unusual way

Hi trusday,

Thanks for your reply.

As per the handbook for Germany released by the government , once u have a "unbefristete Aufenthaltserlaubnis" (unlimited PR) then u are not supposed to have a work permit.

for WP check out : http://www.handbuch-deutschland.de/book/en/003_002_002_003.html

and to get this unlimited PR, we need 5 years of stay.

for RP : http://www.handbuch-deutschland.de/book/en/003_002_002_001.html

and to get a Right of Residence or "Aufanthaltberechtigung" we need to stay another 8 years after attaining unlimited PR.


You were talking about 6 years of overall stay in germany. is this for unlimited WP or unlimited RP ?. I am confused on this. Because as per cmreddy and VSK, they are getting unlimited WP after completing 5 years.

Moreover as per the handbook, certain cases are mentioned where the Employment Office issues work permits without complications, like :

"If the person is in possession of one of the following residence permits; ?Aufenthaltserlaubnis? or ?Aufenthaltsbefugnis? and has worked and paid social contributions in Germany for a period of five years or has been resident in Germany for at least 6 years. In this case a work permit will be issued which allows the subject to work in most jobs. "

so 6 years are required for WP, in case if 5 years of contributions have not been made.

Correct me, if I am wrong in interpreting the existing immigration law.

Regards,

GarryM

"You were talking about 6 years of overall stay in germany. is this for unlimited WP or unlimited RP ?. I am confused on this. Because as per cmreddy and VSK, they are getting unlimited WP after completing 5 years."

LOL i was talking about unlimited WP. as you rightfully said, there are two most common ways of getting an unlimited WP:

1. after five years of work in Germany; here apply some restrictions: 1) if the foreigner was absent in Germany for some period of time which makes authorities think that he changed his usual place of residence to a residence abroad, then this five years counter is reset. lol if cmreddy was absent for six months and then came back with a new entry visa and officials still gave him unlimited WP after five years without any questions, he is just lucky! 2) his work permits should not be issued accordingly to regulation, which regulates issue of work permits to foreigners which have usual place of residence abroad. GC normally is understood as a regulation which regulates issue of work permits to foreigners which have usual place of residence abroad - he is lucky as well if he got an unlimited WP after five years! And yes, in this case an applicant must pay contributions to pension fond during five years - i just understood that they have got their unlimited WPs after six years, oh well, excuse me for a misunderstanding
2. after six years of living in Germany, and in this case it is clearly written in the law that in case of absense of a foreigner up to six months the six year counter is not reset; also in this case any contributions to pension fond are not necessary.

GCs which will be able to prove that their work permits were obtained when they did not have their usual residence abroad, will get an unlimited WP after five years accordingly to §286 Abs.1 Satz 1 Nr.1a) SGB III in case if they worked all those five years (and probably even if they were unemployed and received unemployment benefit for some time - we will see *lol*). From cases of cmreddy and VSK we can see that it's very real, because officials countered their years as GC in those five years *lol* For Russians probably such thing is not real (lol found it: http://www.trust7.com/forums/integration/residance_permit_of_spouse_of_a_green_card_holder_, "„§286 Abs.1 Satz 1 Nr. 1a) SGB III“ and “§2 ArgV - here Abs.6” – unreal. _You_ can try. For all others better not." ), but for others - it's very real *lol* And even if in some cases officials will not give unlimited WP after five years and will tell somebody to leave the country, but his employer will apply for an ordinary work permit for him and will get it - the guy is going to receive unlimited WP after six years accordingly to §286 Abs.1 Satz 1 Nr. 1b) SGB III i.V.m. §2 Abs.6 ArGV in case when he was absent in Germany for a period up to six months. One other possibility i posted in other thread as well - exchange of unlimited WPs inside a family because spouse temporarily can not work. So probably there is no need to worry much about immigration law, hmmm *lol*? ;)

Good to hear CM Reddy and VSK are having these unlimited WP's congrats guys :-) Probably I will get it in August 2005 because I will complete my 6 years of stay in Germany by that time and my GC expires later in 2006. Hopefully there is some positive news ahead regards to RP. Please bring in your insights for getting unlimited RP in any case the Immigration law is broken.

regards,
Nitin