Hallo,
i dont know if this doc is known to many of us?
As now the new law is officially effective - i found here a link with many questions&Answers about the new law. i think its written in easy language, so a bit easy to understand what many terms mean. As it seems there are still confusions in minds of many of us!

According to my understanding, it looks clear that those who will have worked here for 5 years, would definitely get a "Niederlassungserlaubnis" provided they have understanding of simple German language. so the discussion that even after working 5 years here one needs to show a further employment contract is invalid.

Please do comment about it

Here is the link:
http://www.integrationsbeauftragte.de/download/Zuwanderungsgesetz_Fragen_Antworten_eng.pdf

Regards,
an old GC holder -

from your link:
You have a right to be granted a settlement permit, if
a) you have been in possession of a residence permit for five years,
b) your livelihood is assured,

this b) is actually a job.

Hi DvD,

i was expecting this comment - about b) your livelihood is secured..

look, according to official definition of "secured livelihood" :
you should be living with out getting "ArbeitslosegeldII and social help" which is as per definition is "staatliche hilfe"!

so people who will be working until the end of their 5 years period, would have there "livelihood" secured because of their legal right to get normal "arbeitslosengeld" - which is entirely based on your own contributions, and is NOT the state help!!!
I am not suggesting here that we should entirely depend on this, ofcourse everybody should and would try to be in employment after that -

i would try to post some official links about "lebensunterhalt"...

-

Regards,

in old law it was even written that ALG is also Unterhalt and that you get NE even if you receive ALG, but those things are on the end allways:
liegt in Ermessen des Behörde.

One could even get NE if he has enough money and no job or ALG

But there is one interesting thing...

If I'm not mistaken, we are not allowed to take short contract jobs, because this is normally done by freelancers and the government does not want to give freelancers a residence permit. Only "employees" (permanent jobs) can obtain a residence perimit (and by new law implicitely WP).

This means that I'm not allowed to take (for example) a six month contract jos and thus buy myself time to find another steady job im the meantime.

but what happens if I work the 5 years and then my contract runs for 1 more year?? Do I get the Permanent Residence?? As mentioned above, only permanant contracts get permanant residency??? I dont think so... I believe that in my case, I work for 5 years and my contract is for 6 years all by all (so 1 year after the 5 years), so do i get the PR or not???

--If I'm not mistaken, we are not allowed to take short contract jobs, because this is normally done by freelancers and the government does not want to give freelancers a residence permit. Only "employees" (permanent jobs) can obtain a residence perimit (and by new law implicitely WP).

You are mistaken. Completely.
According to law you must have Unterhalt, and if you have short Vertrag it is also Unterhalt.
Knowing what people work at ABH you could allways expect that they try to reject your NE but, on court you will get it.
Maybe it is much better in such a cases to get good lawyer (from Detlef) in advance, because that way it will cost less.

@zash

you should be happy instead to be afraid about your situation. I think we are underestimating
ourselves and overestimating this "new" law!

DvD is right, i think the best way would be to apply through a lawyer, to take Detlef's services would be best, because they know our situation well.

But at the same time, its absolutely awful about
these "Auslaebderbehoede" that the people their do not help the way they should be. I think this has some historical reasons. These new Laws are big changes which are taking place here, but the
institutions who r responsible for implementing
these, seem to be very "nervous" because the
employees there have not seen so many changes before, and now they have to learn new things. According to my experience, they always test u! if u know ur right and talk in a "sensible" way, then there should not be any problem.

about Lebensunterhalt:
they have "NOT" written anywhere that u should have "which sort" of contract after 5 years, they only say that u should be able to support you and "if applicable your" family with krankenversicherung with out taking "public funds", thats it! so even if u have a bit money in your account, it should also work!

regards,

No, it seems that I have misinterpreted the sentence because it could have a double meaning; it could just tell the (legal) difference between definitions of an employee and a freelance. But because of certain antagonism in these words it also sounds like I have misunderstood it. It was something like "if you are an employee you do not freelance". Go figure.

Christ, this administrative German is so devious that it seems sometimes I could more easily read Elvish from the doors of Moria. I can see that even Germans usually have problems with it.