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valid visa for arbeitlosengeld

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Posted on 14.05.2010 12:47

valid visa for arbeitlosengeld

Dear all,
I was working here in Germany since 2006. I payed all the insurance in these years.Now I just completed my previous job (my visa also ended) and I am searching a new one. I went to the arbeitsamt and they said I need a valid visa to get ALG money. Currently I am having fiktionbeschinigung and I can change it to spouse dependent visa. My question is, am I allowed to get the ALG with fiktionbeschinigung ? Can I apply it now ? or I am wondering whether I can get this money with dependent visa ? Is it possible ?
Please guide me.

bigloser

Member since 14.05.2010

 

Posted on 15.06.2010 19:15

Re: valid visa for arbeitlosengeld

I already wrote this partially in your thread: At first I had Fiktionsbescheinigung since it takes time to confirm ALG I and get all the papers. Fiktionsbescheinigung is a valid visa to start getting ALG I so I was getting ALG I with FB for about 2 months. After that when I had a proof that I can get ALGI for another 9-10 months I had it changed to AE and came back with extended visa to Arbeitsamt so they noted that in their computers. Unfortunately I could not find the old passport, if memory serves me right it was AE based on §81 Abs. 4 To put it simple - as long as you have valid AE or FB you get ALG I, if they give you FB for 6 month and you have no job after 6 month you go to Ausländeramt, ask for another 6 months FB, get it since you have right for 6 months payments, go back to Arbeitsamt, they update their data and you get ALG I for 6 more months. That if nothing changed since then (2006-2007).

Getting AE is not limited to working only, there's other causes for issuing AE. After you get the job and change your visa to AE §18 the time you spend on FB is counted towards NE as though you had visa based on §18 all the time. The only difference between AE and FB is that if you leave Germany and go anywhere other than your home country while having FB there's no guarantee you'll be allowed back.

mkorobeinik1

Member since 27.11.2008

 

Posted on 17.06.2010 19:11

Re: valid visa for arbeitlosengeld

Well I do not understand, why in my case, where I have showed the Ausländerbehörde (ABH), the ALG-1 for 1 year from Arbeitsamt and this is not enough for the ABH to extend my Aufenhaltseralubnis (AE) for 1 year as they need me to show the 'Beschäftigung'

I read about the '§81 Abs. 4' and it is not a valid AE but a Fikitionsbescheinigung (FB), but is based on the previous AE (§18)and this FB is given till a person has got another job. So I doubt that if you have received AE based on §81 Abs. 4. The maximum validity for a FB they say is max 6 months.

I talked with the ABH today and they told me the same and at the moment, in my case only one solution is to get the FB and if the Arbeitsamt gives problems in giving me the ALG, they have offered me to talk to the Arebeitsamt to give the ALG. But, I really doubt that if they would cooperate to that extent


fatehnkhan

Member since 11.05.2010

 

Posted on 17.06.2010 19:19

Re: valid visa for arbeitlosengeld

@ mkorobeinik1: Well, I do not understand, why in my case, where I have showed the Ausländerbehörde (ABH), the ALG-1 for 1 year from Arbeitsamt and this is not enough for the ABH to extend my Aufenhaltseralubnis (AE) for 1 year as they need me to show the 'Beschäftigung'

I read about the '§81 Abs. 4' and it is not a valid AE but a Fikitionsbescheinigung (FB), but is based on the previous AE (§18)and this FB is given till a person has got another job. So I doubt that if you have received AE based on §81 Abs. 4. The maximum validity for a FB they say is max 6 months.

I talked with the ABH today and they told me the same and at the moment, in my case only one solution is to get the FB and if the Arbeitsamt gives problems in giving me the ALG, they have offered me to talk to the Arebeitsamt to give the ALG. But, I really doubt that if they would cooperate to that extent

fatehnkhan

Member since 11.05.2010

 

Posted on 17.06.2010 19:44

Re: valid visa for arbeitlosengeld

Why r u so worried about FB? Just veryfy that you can get ALG I with it. I was getting ALG I with FB in 2006 maybe you'll get a more recent feedback. As long as you are legal in the country and have BE Arbeitsamt supposed to pay you ALG I. The only problem you may get with FB is reentering the country, however, you are actually not supposed to leave Germany an keep looking for a job unless there's a family emergency or something, bad time for vacations anyway. There's also internal regulations in ABH besides Aufenthaltgesetz, I found before in internet the internal regulations for Berlin and there was written that in such a case they give 6 months FB + extend FB for 6 months if needed. In NRW they gave me 3 month FB and 9 months AE.

mkorobeinik1

Member since 27.11.2008

 

Posted on 28.06.2010 22:59

Re: valid visa for arbeitlosengeld

to mkorobeinik1,

I do not agree that one cant not go and come back to any other country with FB. I already been to UK with ficktion bescheinigung and I didnt have any other problem. Passport checking people didnt even ask about my FB.
And for job searching, vacation or whatever..I think I can go and come back to Germany with this. Some of my friends also did while they r having FB.
But honestly, I am not aware of the rules and regulations. But when I called and asked to the ABH regarding this issue, they said there is no problem.

Anybody know more about this issue ?

Bigloser

bigloser

Member since 14.05.2010