Hy everybody,

I've worked in Germany since Mar 2003 as GC and lived in Hessen (MTK), Aufenthaltstitel until Avg 2008.
Until Avg this year I've had in my passport: "Die Aufenthaltserlaubnis erlischt mit Beendigung einer Beschäftigung als IT-Fachkraft. Andere Erwebstätigkeit nicht gestattet".

In Avg this year I had to change my passport, and than I've got:" Beschäftigung nur gemäß § 18 AufenthG i.V.m § 46 (2) BeschV als IT-Fachkraft bei Firma xxxxx inm Bundesgebiet."

I asked for BE or EG using BeschVerfV§9.1.1 and BeschV§46.2, but the officer in Auslandbehörde said that it was't possible.

Today I was once again, but the answer was the same.

What can I do now? Are there any other documents which I can provide to the officers in Auslandbehörde?

Please help.
Thanks in andvance

Alex

Make a written application with your 36 months rente document. It should work then.

regards,

mk

Thanks mk,

I've already had my 42 months rente document at hand, but she told me that BeschVerfV§9.1.1 was not valid for IT Kräfte, and if I want to change my Job I have to go to Arbeitsagentur and ask for Zustimmung, because IT Fachkräfte are specific group.
Unfotunately that was die Leiterin from this department, and now I realy don't know what can I do.
Is there any higher instance where I can go and ask for help?

Alex

BeschVerfV§9.1.1 is so called "Kann-Bestimmung" which means you are not entitled to it but the aliens office "can" give you this right at their discretion.

On the other hand I must admit that the way she interprets BeschV. §46(2) is really stupid and false. If you can not convince her that her interpretation is false than you may try to make a written application by referring to BeschV §46(2) and force her to refuse your application in a written form and sue her for her wrong doing. (Unless you want to change your job soon, such a move wouldnt make much sense, as you will get NE in 2008 anyway..)

Regards,

Lacrima

PS: BeschV §46(2) says
befristete Arbeitserlaubnis gilt als unbefristete Zustimmung zum Aufenthaltstitel zur Ausübung einer Beschäftigung fort

One can claim that this "einer" is the job which you last had. (Law interpretation) If the law was phrased with "irgendeiner", then there would be no room for interpretation. With such phrasing of BeschV §46(2), she might even defend her interpretation successfully. I would consult a lawyer regarding the interpretation of BeschV 46(2), if I would be choosing the court way.

Alex you are on the completely wrong track.
You do not get it how the ABH works.

It is not smart to try to pursuade some Beamtin for months and to explain her the meaning of the law.
Truth is she has never read this law and she does not try to understand it. She has no time for that. She just does what she's told.

So you have to get to her boss.
You can try to find on internet his number or write a formal Antrag. Formal Antrag is done by top guys they have, because it is written proof and they could suffer consequences.

I also asked 1000 things and I never had one experience where Beamtin was right. Even her boss was wrong but at least you can talk to him and you see that the guy really thinks. I got everything I asked on the end.

You can use my Antrag. Somewhere on the trust7 is link to it.

You can use my Antrag. Somewhere on the trust7 is link to it.

Why not upload this to http://trust7faq.wiki.com/

Written Antrag as DvD suggested will defenitely make them read the Law Paragraphs but if you get a lawyer send them this Antrag and phone the Beamterin and argument well will defenitely speed up the process. VPMK have experience in this area.

Listen...
Do not worry.
You have your visum to stay and to work and when the time comes after 5 years if you want, make an NE application.
As long as you have your job, no one can tell you to go out.
Even without job, you have time to seach another and that will be given to you.
Relax, do your job and let the time brings you by it selve that what it has to bring you.

I think it is always going to be better to get the BE as soon as possible, since you never know what is coming. The law could be changed, the job could be lost or an offer for a much better job could come, and many employers will ask for proof that you can work for them. Even if you have permission, once they look at your passport many will avoid the trouble of checking with the ABH.