Hi all

Today I got my Kündigung frm my Arbeitgeber. I know there are lot info
in the forum about this, but I hope you will understand what I feel,I might not find the information rightly. So, I would be very happy if anyone can answer my questions.

1. I came to Germany on 2001, GC since 2003.My Pass says:

""Arbeitserlaubnispflichtige Erwerbtätigkeit nur mit gültiger Arbeitserlaubnis gestatet.SElbstandige ....nicht gestattet....
Die Aufenthalsgenehmigung erlischt mit Beendigung der Tätigkeeit als IT- Fachkraft""

Now, my Kündigung papers say
"......Betriebsbedinter Kündigung vom 18.11.2005 mit ablauf des 31.12.2005"

Now, does it mean my Current Visa is valid until 31 Dec, 05 or does it get invalid from the day of the Kündigung, that is today? Do I have to inform Auslanderbehörde now, or on Dec31.

Normally, can I get an extention for some days to find a job after end of job?or there is no rule?

2. Can I go to my Auslanderbehörde tomorrow and
get a Visa that is better, I mean BE or something? I applied for BE 8 weeks back, and no reply!!

3. I think I have to go to the Arbeitsamt tomorrow, right? Is it a must to go ASAP? Do I get Arbeitslos Geld after end of my work, 31Dec?

4. .My office has given me another paper describing the conditions of the Kündigung and told me to go to a Rechts-lawyer(sorry, forgot the German word for that) . Any idea where to go, who to consult, at a reasonable price? Who pays it, my company, Arbeitsamt or me?
I had a unbefristige Arbeitsvertrag, without time limit. I want to make the best negotiation possible....

5. I did my MS in Automation Systems/Software Developmet.Worked in Embedded systems for
close to 3 years. Have worked developing RTOS components, worked with ARM,Infenion C16x, Intel XScale microcontroller platform. Have proficiency in C, C++, C#, .NET. I would
be more than happy if someone can give me some contacts. I can send a deatiled CV if you want, please drop the Email address.

6. Anyone has any suggetions for me, what is the best thing for me to do now?

akakrim

What visa did you have 2001-2003?

Hi

2001-2003 I had student status

I would try to help you according my status and experience.
Do not panic as I have. Will kill you.
Take the Kündigung and GO AT ONCE to Arbeitsamt.
Register your self there and look for new job.
It is irrelevant what is written in the visa.
You have right on Arbeitslosengeld and so long you receive so much long the Ausländerbehorde is obligated to give you the Aufenthalt.
If they making you the problems then get VMPK Lawyer, they know the best for you.
You do have rights according the law and search for it. That you had unbefristet contract is irrelevant.
No one and nothing give security. Search and Lawyer because without them you can not do anything alone.
All Amts are very difficult and very strong to all Ausländer and they want them out from the state no matter what.
Get a VPMK Lawyer.

your visa will be invalid if you do not get BE.
you can not get normal BE since you did not work 3 y but you can get IT BE as a GC.


you COULD even try to get normal BE based on 4 y in D but some ABH count studium in some don't.

So go to ABH and try to get IT BE or BE according to 4 y in D. My Antrag is on the net but you must change this Antrag radically to fit you.

BEST would be to find new job quick and with starting this new job to get BE.

No. Better try to get IT BE at once.
Do not say anything about Kundigung.
Just say you wont BE according to §46.2 BeschV.
Then go to AA to "sich als arbeitsuchend anmelden".

in the case you do not find job quick, with IT BE you will still be completely legally in D and you will receive ALG.

QMax
@DvD

Thanx for your mail.

my visa says:

"""Arbeitserlaubnispflichtige Erwerbtätigkeit nur mit gültiger Arbeitserlaubnis gestatet.SElbstandige ....nicht gestattet....
Die Aufenthalsgenehmigung erlischt mit Beendigung der Tätigkeeit als IT- Fachkraft""
"

Isnt this IT-BE ? This does not give my company name

1. My Visa is valid until end of Job,that is Dec31, right? OR do I have to go before to the Ausladsamt?

2. Normally I will get 8-10 month s ALG or, and I shud get visa for tht period at least ?

"Isnt this IT-BE ? This does not give my company name
1. My Visa is valid until end of Job,that is Dec31, right? OR do I have to go before to the Ausladsamt?
2. Normally I will get 8-10 month s ALG or, and I shud get visa for tht period at least ?"

wrong wrong wrong
it is not IT BE because it is invalid if you lose job. you should ask something like
"Beschäftigung als IT Fachkraft erlaubt"

you should get it at least for your GC Period but you can try to get 5 years extension.

YOU WILL NOT TRY TO GET VISA FOR 8-10 MONTHS WHERE YOU WILL RECEIVE ALG.
YOU WILL NOT SAY ABH ABOUT KUNDIGUNG.
YOU WILL JUST GO THERE OR CALL THERE AND ASK IT BE ACCORDING TO §46.2 BeschV.
if you get IT BE (and you should cos you have right to it) than there is no need for ABH to know you are Arbeitslos because your visa will be valid anyway.
you will only need to go to AA to get ALG.
in fact you should go to AA now but it is much smarter first to get IT BE AND then to go to AA.

FOR IT BE YOU CAN ALSO USE MY ANTRAG BUT DELETE THOSE THINGS ABOUT NORMAL BE. LEAVE ONLY IT BE (§46.2 BeschV)

Hi akakrim ,
Do not panic. Hope is the last thing you lose !
I have myself been in this situation for few times and I am still here in Germany without having to become Arbeitlos since past 5 years.
Today I also got my NE. Anyway back to ur problem


1. GC visa is valid only to IT sector for a particular company if mentiontened or current company if its name is not mentiontened. You are
lawfully bound to register at Arbeitsamt (as max said) within 1-2 weeks of getting Kundigung.
There are penalties if your register late.
I suppose you are given 1 months notification
which is legal too unless you have some special condition in your contract.

2. You should go to AuslanderBehordung somedays before your Kundigung date. Until then you are employed. BE is only for people who have worked 3 years in Germany. Its better but your chances are small, but try it anyway until they say its not possible.

3. There is some waiting period before one gets Arbeitslosgeld (I dont know exactly but its around 3-4 weeks). You will have to fill a form and also some parts have to be filled by Arbeitgeber (your company). Go to Arbeitsamt soon.


4. Due to arbeit-recht the Arbeitgeber is bounded to clarify why the Kündigung was given. Its just formal stuff. If you dont agree you can talk with a lawyer and take them to court (makes sense if company is not insolvent). But during the time when you take company to court you would be paid.
The whole process might take several months. I have a colleague of mine who has taken his firma to court since he did not agreed the ground of dismissal and its still coninuing and he is getting paid. So dont be pushed around just like that. Think before you accept or sign the kündigung letter.



5. I am myself a software programmer and I know that this field is currently quite demanding.
You have some experience too and I would say your chances are quite good. Apply immediately for jobs in www.monster.de, www.jobpilot.de, magazines like c't, career, javamagazine etc. Make a very professional looking CV in German and a letter too. This is very important

6. My suggestion would be
- Be positive
- Increase your language skill (join a full
time Deutsche Kurse immediately)
- Increase your technical skill (Java, Unix)
- Apply professionally and search the job
intensively in internet and magazines

best of luck

Hi all

Thanx so much for all the reply. one thing I am not still sure

1. My Kündigung starts 16 Nov, bue I am employd until 31 DEc. So, with my current Visa which says my Visa is valid until I have the job, this is valid until 31 Dec or is it yesterday,16 Nov day of Kündigung?

2. If, the worst case, I cannot get a BE or IT BE, what happens ? Do I have to go to Auslandersamt after 31 Dec for a renewal of Visa?

3. Does ABH need to know my Kündigung? Or, when I go to AA, do they inform ABH imemdiately?



I went to ABH today. I applied for BE 2 months back, they sent it to AA. Now, the aplication i got frm a friend, it cud be the DvD's one. It says either I need 36 month rente, or 4 year stay. I have been in Germany since Sep2001, but they count 50% of Student life. So 4 year not possible
But what about rente? I worked some Student jobs, and I have 25 months full time rente, + some more, total 43 months rente(I gave them the Bfa letter.) But the ABH here is too shitty, they ask only for 4 year, they are not considering my 36month rente clause.

@tula
congrats
do you have full 5 y in d?
do you have unbefristete vertrag?
what docs did you need?
did you aply for NE today or before?


1. My Kündigung starts 16 Nov, bue I am employd until 31 DEc. So, with my current Visa which says my Visa is valid until I have the job, this is valid until 31 Dec or is it yesterday,16 Nov day of Kündigung?

YES it is valid until than


2. If, the worst case, I cannot get a BE or IT BE, what happens ? Do I have to go to Auslandersamt after 31 Dec for a renewal of Visa?

if you do not get anything you will go to ABH BEFORE 31.12. and get some valid visa to find job. you can get 3 months or year

3. Does ABH need to know my Kündigung?

NO if your visa is valid

4. Or, when I go to AA, do they inform ABH imemdiately

NO of course not.
But if you do not change your visa you can not receive ALG since you can not be in D at all.

get IT BE before anybody finds out you lost job. that is the easiest way.

@p_tuladhar41

Welcome to the §9-Club.

D.

Hi all

Max said The ABH must give me Visa as long as I recieve ALG from AA" So, zB, if I get 8 months ALG, tht mwan ABH is bound to give 8 month extention, or it is not a written law?

akakrim

dear akakrim,

send me your CV.I will try if I can help you.Send as early as possible I am also planning to go to India.I will talk to my boss once i have your CV in hand.

rgds,
Chakri
chakri_germany@yahoo.com

"Max said The ABH must give me Visa as long as I recieve ALG from AA" So, zB, if I get 8 months ALG, tht mwan ABH is bound to give 8 month extention, or it is not a written law?"

no it is not law. that was some BMI letter so ABH should do it but this letter is useless in court.

if you used my Antrag without changes no wonder they rejected it.
why don't you ask IT BE with 46.2 BeschV.
That is also in my Antrag. you should delete 3 y and 4 y things and leave only §46.2

Hi DvD

Do you have any link to the miniytry letter? please send a copy to
c16x75@yahoo.com

I used your Antrag, true, but after "Heavy Reconstruction" . The ABH simply is rude in my place, and they do not even want to talk!!
I also asked for the 46.2, now lets see what happens.