Hi All,

Last year I got a new job. My company applied for a greencard (GC) in December. The greencard was approved on 28.12.2004 for 5 years. On 04.01.2005 I applied for change of my residency according to the GC. On 13.01.2005, I got my Aufenthaltserlaubnis (AE) for 5 years. My AE is given according to §18 of AufthG and §27 of BeschV. My question is now following:

1. Is that correct that I got my AE according to §27 of BeschV? Or I should get AE according to § 6 of IT-ArGV ?

2. Will I need to go through Arbeitsmarkt check to change my current employer in future ? (According to § 6 (3) of IT-ArGV, I do not need to go through Arbeitsmarkt prüfung or what)?


3. Is my Arbeitserlaubnis unlimited according to §46 (2) of BeschV for any IT job?

4. In my passport the stamp from ABH is like „Beschaftigung bei Firma ... als IT & SW-Entwicklung … gemass §18 AufthG u. §27 BeschV gestattet“.
Can I claim to write by ABH in my Passport someting like „Beschaftigung als IT is gestattet“. It means without any company name!

I would appreciate your comments and opinions.

I thank you very much for your response.

Best regards,

MK

Hi, I can only answer the questions I have experienced, hope it will give an idea.

1. Is that correct that I got my AE according to §27 of BeschV? Or I should get AE according to § 6 of IT-ArGV ?

I have received the same AE just this morning and on it, it says Erwerbstaetigkeit nur gemaess §27 Nr.1 BeschV erlaubt als IT-Fachkraft.

2. Will I need...

I think you don't need to do anything till the end of your visa.

3. Is my AE unlimited according to $46(2) of BeschV

No idea.

4. In my passport the stamp from ABH is like „Beschaftigung bei Firma ... als IT & SW-Entwicklung … gemass §18 AufthG u. §27 BeschV gestattet“.
Can I claim to write by ABH in my Passport someting like „Beschaftigung als IT is gestattet“. It means without any company name!

In my passport, the official hasn't written the name of my company at all. It just says Art des Titels: Aufenthaltserlaubnis and additionally, Anmerkungen: §18(4) S.1 AufenthG s. Zusatzblatt Nr. QQ. Nr.QQ is the bold field in the answer of your question Nr.1 (ie. Erwerbstaetigkeit nur gemaess...).

@klenze17

Gözün aydin hadi..

Lacrima:
@klenze17
Gözün aydin hadi..
My two eyes.. What could I do without having your support?? Thanks a bunch..

By the way, it doesn't help not have company's name in the Aufenthaltserlaubnis ticket sticked onto the passport, because if there is already a visa for this purpose (to come to Germany first), then anyway to official will see the company's name on the visa, but not on the Aufenthaltserlaubnis.

Wish a good luck and success to all GClers in Germany.

Hallo Well-wishers,

Please explain me, if there is any procedure for getting this AE...
I have a green-card since Sept 2001(40 months), of which I've been on job for abt 3 years(34 months)!
I am eligible to get this unlimited AE ?
(I've a unlimited contract with my present company(Berlin) which I joined this month)

Guide me if you know the rules :-)

Thanks in advance,

Regards,
Trustme

Thanks, DVD!

Are you D.K., who I met in Heidelberg?

Best regards,
Plamen

Dear Friends,
I was a student of Master of Electrical Engineering schwerpunkt IT. I finished my master a couple of months ago and i started working in a company from the past three months as a Software Developer. The owner of the Company was from Iran. In the beginning he spoke very sweet and he said u will be paid 2000 Euros per month and I will have to work 50 hours in a week. But then later on i bargained with him and he settled for 45 hours a week. I went there because he said that ours is a very high-tech company and that i will get to learn a lot of things in the beginning and stuff like that. But later on to my surprise i was shocked to know that he was asking me to fit some screws. He was doing it thinking that this is just a small part. but later on it increased. But not only this he was asking people to come on saturdays and sundays also. And he was making people work even on German holidays. He was also harressing and abusing me.

The same thing was happening with another guy in the company in the last month. But he was bold and he said that he will not do any shit that he (irani) tells and so he fired him from the job.

I was also afraid that he will fire me from the job. So i took the initiative and gave him the resignation letter in the last week. Right from the beginning he was threatening on the basis of visa, that if i leave the company i will not have visa and stuff like that. This is actually his main strategy. He gets guys from asia and africa who need visa to stay here and then he pushes them to work more and more for less money.

So when i was leaving the company he was threatening me not to go otherwise he will tell the Arbeitsamt and Landratsamt and i will not have any visa and that they will send me out of germany. But the torture at his company was more than i can suffer. So left the company even though he threatened me about the visa.

And one more point. Two weeks ago i called the lady in the landratsamt anonymously about what will be my status about the visa if i leave the job and she told me that i will have to leave germany immediately. And she is a good friend of the secretary in the company. So when i left the company i think she immediately informed the landratsamt (actually to her friend) that i dont work with the company. And now yesterday i have received a letter from the landratsamt.
The Anmerkungen on my visa is § AufenthG 18.

Guys i am in deep trouble about all this. I am depressed and afraid because of this whole matter. Please tell me what to do.

Thanks in advance,
Prashant.

@prashhirv

Same happened to me so the miserable idiot put me on the edge of my live.
I know how it looks like.
You know what…do not worry for the visa because you have time for searching another job and going out from Germany is not so easy.
You have right at least for 6 months period for next job search and you will and can have it.
You do not loose your visa immediate.
Example, the ex employer where I was working, was washing money over my name for pornography and blackmailed me that if I do not sign papers for his shit company over my name he will put me back in Macedonia and even kill me.
I was having GC over his company and working 25 hours a day 8 days a week.
He took from me money and never gave me back. I wish that he use for his own grave that money.
I know such idiots but you fuck him…. Do not be desperate but hit him back.
Go in Arbetsamt and make a statement for abuse and blackmail. Tell them how he was treating you and on which ground and that he was pushing you work overtime. Tell them that he was treating you as he did, and that he was blackmailing you for all.
You have right and do it. He pushes you, you push him.
Also you can go to lawyer and tell the story and make prosecution. Do not leave him so easy.
As long at the process goes (and believe me it goes 1 years and more – because I was having court process also), you can have and time and chance for searching another job.
Hit him hard also and be strong. Such idiots deserve bullet in head.
If you need more help, send me PM.
I wish to see that idiot as well as the idiot for whom I have spends two years dropping dead.

@prashant,

Keep cool and think of ways to get out of this mess. As that guy will be caught in his own deeds one day or the other. Secondly if the people from the local office support him then be it.

what i would do, if i was in your place.
1) If you have a proof of him making you work for more hrs and paying less then you can take him to court. what i know that the labout laws specially against getting foreign workers for low salary is forbidden by law. This works against teh country.

2) Take a good arbeitsrecht lawyer and send him a notice. here i am sure he will get panicky. do this fast. As per the law i know, you are liable to work for max 40 hrs per week. Secondly if you have come on sunday, then teh employer has to pay you almost double. this is specially for Sunday.

3) If need be search for a new job and reapply for a Visa. As you were a student here you could get a temp job search visa.

Regards
Savio

@max,

not only is your advice bad but your English is absolutely awful and terribly vulgar. Please style up.

Hai prashanth,

Dont worry man. Now a days there are a lot of jobs in India for IT people. Dont think that Germany gives you a great career. You must not live like a slave, you can get a salary of 25-30 thousand rupees in india. My friends with out any experience also making this much money.

If get a chance to stay in germany for longer time, the best thing is to apply for a H1-B visa. I am sure you can make a better career outside of germany.

I have a NE but now I work in czech as I could not get a job here in germany. Dont make the mistake what I did, India is not same as it was 10 years ago.

All the best,

@prashhirv,

you need to calm down and start thinking clearly instead of haphazardly. You gotta do some cold thinking and calculating. It don't matter what Aufenthaltstitel is in your passport, you not gonna be kicked out of Germany as if you came in as a Fluchtling. That is simply not gonna happen. As things look, getting yourself a job should be your focus and main priority. But there are gaps in the information you are providing the forum. You do not give an idea of your skills set or the exact area of specialization during your studies. This is the kind of info employers are interested in. But the fact that you have worked for a short time makes matters tricky. Probably better if you even don't mention this in your CV because the next potential employer might get spooked.

Nevertheless, you shall have to go along with what you got and hunt for a job. Preferably in your area of study. Forget about that Iranian charlatan and concentrate on trying to make a fresh start. With some hard hunting and a little bit of luck, am sure you can find an employer willing to offer you an entry level job.

When the going gets tough, the tough gets going. So get going and let us know how things are moving.

Adios IT souljah and good luck.

@Caligula

You too stuped to understand my English.
Try to go to school and learn some of it, beforre you can make any comments.
And, my statement was not directed to you.
Have you understand it!?

See what i mean.

stuped ?