could anybody please explain me what BE is?

is this some extra paper from ABH in addition to your visa stamped in passport?

what is the exact procedure to apply for BE?

I am working as GC since 2001 but since my job is kind of more secure so i never paid any attention to this stuff before.

could any body reply in detail as to what papers are needed to take with you when you apply for BE?

I have a new passport..i have to apply a visa extension....should i apply the BE also in same time?

regards

regards

Now you have probably two stickers in your passport - first sticker (with hologram) where is written how long is your residence permit valid, passport number etc, and other sticker on the next page of the passport where is written under which conditions is your residence permit valid.

BE is not aditional paper - the text on the second page of your visa will change, and you will probably get an extension.

Current text you might have is something like:
"Gültig für Beschäftigung als Softwareentwickler bei Firma Beispiel, 10000 Beispielstadt und erlischt mit beendigung dieser Tätigkeit".

New text should be like:
"Beschäftigung uneingeschränkt erlaubt. Selbständige Erwerbstätigkeit nicht gestattet"

or (better):

"Erwerbstätigkeit gestattet"

Normally they also include paragraphs of the law which made the issue of such permit possible.

Now there is no "work permit" anymore - only document you need and get is the sticker in the passport. ABH now does everything - the work permit and residence permit.

thanks a lot for making it more clear.

at the moment i have one sticker but at the bottom its stated that i am eligible to work only as employee and in IT field.

so now i will apply for verlaengerung and with this verlaengerung i will probably get BE automatically???? or i need to ask them bor BE.

regards

It depends on the ABH. I would suggest to apply for BE (Aufhebung der Auflage), and not for Verlängerung. If they say that BE is ok, then also ask for the extension. Or ask both at the same time - whatever.

You are/was in quite better position that I was for example because you do not have so much limitations. You actually have almost BE because I do not think that you would actually like to work something other that IT. And your visa is not company binded.

My visa, and also apparently everybody in Bayern was:

-> Binded to company
-> Binded to employement (only as SW developer)
-> expires immediately with termination of employement contract.

So to get BE was for me a big difference because all of these limits are removed now.

Hi Cedomir,

I have the same situation as you did..

"-> Binded to company
-> Binded to employement (only as IT expert)
-> expires immediately with termination of employement contract."

And am also in Bayern(Munich)

Could you please share with me what were the papers needed and the requirements to qualify for this BE and EG.. How long did it take?

Thank you in advance..

There is no any special paper required, perhaps only the confirmation from the company that your employement contract is not cancelled. You have to ask and see. Especially if you are 4 years here - then you do not have to proove that you have worked 36 months. Otherwise you need "Versicherungsverlauf" von BfA.

The biggest "problem" that you can have is that they say "your current visa is ok, you can work with it, so what do you want --> go home". Then you say: "I have intention to excersise the second job (Nebentätigkeit)" and then they have to give it to you. But in my case and also for my wife they did not ask anything, everything run smooth.

thanks a lot...
i think now i can go to ABH and ask them for BE.

i am in dresden.looks like ABH in Dresden is good becasue the lady simply wrote me down all the papers she needs to provide me with extended visa. she asked me to bring following
1. antrag formular ausgefuellt
2. stellenbeschreibung
3. arbeits vertrag
4. krankversicherung
5. passport and one foto.

i think i will ask her to provide me with BE with the extension.


regards

@Memory
stellenbeschreibung ?
I dont think that this sounds good. I am afraid they are intending to have a job-market-check for you to extend your residence-permit which is superfluous in your case. I would be careful in such a case and ask ABH why the hell they need the "stellenbeschreibung".

Regards,

Lacrima

@memory:


What lacrimas says is completely true.
No, no and no - this is completely wrong ! I have received also Stellenbeschreibung from ABH, but I have rejected to sign it, for same reason - they intend to do Arbeitsmarktprüfung which you should not accept anymore because law (§46 BeschV) says exactly the opposite. If you sign that document you risk being kicked out of Germany !

You do not have to go through Arbeitsmarktprüfung due to several legal grounds which are:

First, most important and undeniable:

§46 BeschV

but also if you are longher than 36/48 Months in Germany also

§9 BeschVerfV

Do not sign or accept this form "Stellenbeschreibung" under any circumstances, no matter what they say. If they insist on it - seek a help from lawyer.

Wow!
I never guessed that there could be so much behind a simple "Stellenbeschreibung". :-O

Look at the last page - it is written that the company agrees to receive the job-application from Arbeitsamt, on the form itself it is written "Ab wann ist die Stelle zu besetzen" etc.

Last page also says that this Stellenbeschreibung will not be used for Arbeitsmarktprüfung for EU citizens, some USA citizens and so on, but when I have got it it did not state anything about "no AMC for GC holders which received AE according to ItArgV before 1.1.2005".

thanks all..
i have asked our HR department to ask about it from ABH. I will update the forum accordingly.

well i am now working in germany for about 50 months as GC. it means as per BescV9 I must be given an extension without any ristriction.

if any body has some more info/refrence from law please copy and paste here or send it to me at

tahmasiqbal@hotmail.com

i will get them print and take with me next time i will go to ABH.

regards

well I have got Stellenbeschreibung from my company. this is totally a differnet form as compared to one i got from ABH.

this is simply a description of job and nothing more. I think it makes sense to get an extension only if i am on job.

regards

BE stands for? and I don't understand about extending your residence permit. How is that possible to extend your visa? what are the conditions?

@Babloo

BE = Beschäftigung Erlaubt

it should be helpful if someone will pick up my second question too :-)

I think BE also stands for Berufstaetigkeit Erlaubt

@Babloo

Lets go over it step-by-step :-)

According to BeschVerfV §13.1 there are following areas which are made restricted in your work-permit.

1. der beruflichen Tätigkeit,
2. des Arbeitgebers,
3. des Bezirkes der Agentur für Arbeit und
4. der Lage und Verteilung der Arbeitszeit

According to BeschVerfV §13.2 the duration of the approved work-permit can not exceed 3 years.

Now, when you get your BE then the above mentioned restrictions are lifted from your work-permit, i.e. your work-permit becomes unlimited and on based on that your can keep extending your residence permit until your get your NE or citizenship.


Hope that helps.

@akshay

I appreciate your efforts man and your points were interesting.

@Babloo

Why, thank you!!

>>Why, thank you!!<<

hmm .. I did not thank you but lauded your efforts :-)

@Babloo

I take it that this recent behaviour of yours is catamenially-influenced. Take some rest.

Akshay, wow man! you research such words only women understands and I am petrified by your comments.

Pls don't start another personal discussion in this thread also. If you want to just make personal comments then pls look for some other place or write personal mails.

Regards

yes, please note down my beloved hatemonger's if anyone wants to argue with me hereafter, please do login to yahoo chat (use baablooo@yahoo.com) and for god sake don't let this community down and I am completely pissed of with these mediators as well.

COOL babloo, Be cheers man!!

thanks Indian, tell him that we all love him....despite all :-)

OFCOURSE...Natürlich

Hi members,
Thanks in advance for any helpful suggestions.

This week I went to ABH to extend my resident permit. They asked for few papers (Job continuation, salary slips, etc...). I have been living germany since 4 years and 6 months. First 2 years i worked, then 2 years I did masters (I canceled GC permit and took student resident permit), and now working since 8 months.

I would like to know can I get BE now in stead of regular resident permit (with bindings) and which procedure I have to follow (like, is there different application form for it, how long it takes, etc...) also if someone can refer me please which section of new immigratioin law refers to BE (36 months of work or 4 years of stay requried for BE) so that I can print it out and show at ABH. By the way, ABH told me that they will give me permit now for two years. Can I claim or strict it for 4/5 years? I have a Termin next week at ABH.

I live in Bayern.
Cheers.

@crown76

You can apply for the BE since you have legally stayed in DE for more than 4 years as per the new law ,read the law § 9
for more info on this read http://www.aufenthaltstitel.de/beschverfv.html#16
this is valid even in Bayern

Regards
matrix

@matrix,
thanks man a lot. I will print the reference for BE and carry with me. also i am asking do i need to fill up any application form for it and from where I can get this form? by the way, if don't mind, can you please also tell me about "Antrag auf Auflage Aufhebung" though it has been discussed a lot. Is this the application for BE?
my german skill is quite weak;-)
Cheers.

hi all,
"Stellenbeschreibung" -- I would be very glad if I can make myself clear about this term. When I started my job last year (November), ABH gave a paper of one page to be filled out by my company, which is nothing but a detail of job description. Is this "Stellenbeschreibung". Also I had to fill out myself some security papers (6 pages) (Sicherheits....) that I am not (was and will be as well) involved with any criminality anywhere and some other security related questions.

This time as I am going to extend my AE, they will also arrange such idiotic sicherheits stuffs for me to fill and sign up again,as they said. Can anyone please suggest what I should do in this case. ABH also has asked for "aktuelle Arbeitsbestaetigung", is it "Stellenbeschreibung"?

After reading through this thread, I am bit confused what actually it means.

Best of luck for all.
Cheers.

@crown76

There´s no form for BE. Just a sample letter, thanx to DvD

I can send it to you. Send me a mail at starwars2@gmail.com

For getting BE you have two possibilities:
i. 3 years stay in Germany with job and Rente
ii. 4 years of stay (time for staying as a student will be counted as half)

For your case : a) Job 2 years 8 months < 3 years --> you may not qualify for BE

b) job 2 years 8 months + study 2years/2 = 3 years 8 months < 4 years --> you may not qualify for BE.
But you might get a BE right away if you have done some hiwi-jobs or other student jobs during your study. You lag only 4 months rente payment. If you have paid 4 months rente during your study, you have paid 36 months rente. This facilitates you to get your BE.
As a matter of fact, my paid rente as a student was fully counted to get my BE ( or Eg = Erwerbstaetigkeit Gestattet).

http://www.aufenthaltstitel.de/beschverfv.html#9

about arbeitsbestatigung: Don't you at all know German? Bestaetigung means some sort of certificate. So Arbeitsbestaetigung means a work certificate. You just approach your Boss and ask him to give you a letter stating that you are a employee by them with your job entry date, contract termination date, salary etc.

regards,

mk

crown76:
First 2 years i worked, then 2 years I did masters (I canceled GC permit and took student resident permit), and now working since 8 months.

you are really a crown. why did you cancel GC and took student visa? That is like giving a horse for a donkey.
You should have asked for advice before (here in forum for example).

hi mk,
during study i worked for (8+11) months as student job in fraunhofer. so, i think i definitely qualify for BE on 36 months of rente condition, isn't it?
thanks a lot.
Cheers.

@DvD,
"you are really a crown. why did you cancel GC and took student visa? That is like giving a horse for a donkey" --- man, i came to know from few sources that someone can't study while in GC status. also i asked local ABH in bonn, they also said the same. therefore, i chanced status.

@fred, I have sent u my email, I would be grad to receive the BE letter from you.
Cheers.
crown.

@crown
"during study i worked for (8+11) months as student job in fraunhofer. so, i think i definitely qualify for BE on 36 months of rente condition, isn't it?"
--> You may qualify, not definately! Your chance is 50/50. Just collect your 36 months of rente payment doc(s). prepare an application stating related BeschVfO sentences. Ofcourse focus on 36 months rente on your application.

If the ABH denies, you may not challenge their decisions as the law gives you 50/50 chance. In that case, you just wait 4 more months, and re-apply again. You will certainly get BE then.

by the way crown: has your wife already got the visa?

regards,

mk

thanks mk for your comments.
regarding wife's visa, embassy has finished with verification right now, it will take few more weeks (as they said) to communicate with here with the result.
Cheers.

@crown

"man, i came to know from few sources that someone can't study while in GC status. also i asked local ABH in bonn, they also said the same. therefore, i chanced status.", if I'm not wrong it looks like some people in the forum did happened to study while on GC, am I right?

D.

"if I'm not wrong it looks like some people in the forum did happened to study while on GC, am I right?"
it is not possible (or too difficult) to do regular job and parallelly study (both are fulltime) unless the study is of a different type (like, distance learning without restriction of time limit). and if someone is not having a job, his GC should not be valid after a certain time which indicate a illegal stay in germany. thats what i came to know that time (correct me if i m not corrent).

Cheers.

crown:
--- man, i came to know from few sources that someone can't study while in GC status. also i asked local ABH in bonn, they also said the same. therefore, i chanced status.


I do not blame you. On the end I think all will end well, but one thing you should remember:

Never ask cat what to do with maus.

When I go to ABH I am not asking something, I am demanding that what I asked elsewhere and if neccessery theaching them.

Similar is when you go shoping. You do not ask seller is something cheap. You look in the Preisvergleich or so.

i think the law says that you can not work full time possessing a student visa. but the law does not restrict to do other activities such as study when one has a work visa.
but, normally doing a masters degree requires a full time study. in this situation he can not work full time. i mean he may not have enough time to keep both - job & study. so he has only one option - to study. in this situation, he can't maintain his GC status. So the change of GC to student visa was logical - i think.

@Nobody:

I guess you are not getting my mails at your dex.... id. Could you pls mail me at starwars2@gmail.com

There is Berufsbegleitende Studiengang. It goes with work. Even if someone does not work, he can study and get ALG with GC. There are few things to think about but it is possible.
I tried everything allready.