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Need advice !!!!!!
Posted on 15/11/2005 2:57 am
Need advice !!!!!!
Hi friends,
I am arbeitlose since 1st August. I resigned myself. I had worked as GC for 3.11 months. My visa also says that visa will be invalid with end of job. I know u all will say that I am stupid and i should not have resigned in these job situations or atleast I should have arranged for EG before resigning. There are reasons behind and also now there is no use crying over spilt milk.
I am in a situation which is not so interesting. I need some advice.
1. I asked lady in auslaenderbehoerde, and she told me that to change it to EG, I should have a job first. But according to http://www.aufenth...tel.de/beschv.html#46, it seems that even without job i can get EG. Please let me know if EG is possible without job.
2. My wife has EG and an unbefristet work contract. Will this be of any help as I assume that my stay here is not so correct as per my visa.
3. According to the visa, I should leave as soon my job ends. What possibilities do I have in my situation.
hmmmmm
waiting for some advice and suggestions
viking
Member since 24/08/2005
Posted on 15/11/2005 7:55 am
Re: Need advice !!!!!!
1.
§46 has nothing to do with EG.
§9 BeschVerfV is important but it is more for BE.
they could give you BE without job but they don't have to.
Did you make writen Antrag?
Did you got another visa?
If not you are illegal in D(unless you are Viking)?
2.
your wife visa is quite helpfull.
you can not get thrown out and you could do Antrag for BE if she is here more than 2 y(AFAIK).
3.
what visa do you have now?
they can hardly send you home because you can:
- get visa dependant on wife (quite bad)
- get BE on wife (2 y)
- get BE on 3 y in D
- get BE for IT (§46.2)
Are you receiving ALG?
there is another thing to try:
Make Antrag auf EG and say you want to work selbständig.
DvD
Member since 30/11/2004
Posted on 15/11/2005 8:15 am
Re: Need advice !!!!!!
Most important is to make written Antrag with law citation. Do not wait for them to find §§ for you. You could get BE many ways but they will not search for you. They are not working for you but for state.
Good idea in your case would be to take a lawyer for Antrag.
DvD
Member since 30/11/2004
Posted on 16/11/2005 1:26 am
Re: Need advice !!!!!!
Thanks DvD,
After leaving my job, I had changed my city and so registered here new. I went to AB and this lady told me that my stay here is illelagl. Actually, I went to her for asking to give me something similar to my wife's visa. She told me that she can give me this only when I am connected to some arbeitsamt. But she was nice and so she told me that i should try to find some job and get back to her as soon as I get some job and then she will change my visa.
As she was liberal, so I also did'nt argued with her. I got no's from some companies as they cannot give job to GC and second reason was that they can consider me only if I have unlimited work permit.
1. I had not made any antrag. It was only verbal. Also I was not expecting that finding a new job will take so much time. No, I did not got another visa. Its the same with all limitations but it is not connected to any company. You are right, I am illegal here and this is what is worrying me. I want to get it changed before I get into any trouble.
2. My wife is here since more than 3 years and she has a job for more than 2.5 years. As written above, she also has EG. Can I not get EG. Is EG only possible for spouse. On BE, can I do any business not related to IT. Can I do business in name of my wife. I will be attending the workshop of trust7 but its little bit far. It will be nice if you can also give me some ideas.
3. I have a 5 years visa ending in sep 2006 but with a clause that it will become invalid with end of beschäftigung in IT. You wrote 3 possibilities for me to get BE and also you suggested that I should apply with law citations. Would it be enough to apply for "BE for IT" and citing "(§46.2)". Where can I get more information on law citations for these three possibilities.
I am not receiving ALG as I registered little late. but that was not a problem with arbeitsamt. they did not give much attention on my visa. they asked me to fill some forms and to give arbeitsbescheinigung. I have received it from my previous company. Now, I want to submit these after taking care of my visa.
viking
Member since 24/08/2005
Posted on 16/11/2005 8:21 am
Re: Need advice !!!!!!
What land are you from?
If you are not from visa free land than you are completely illegal here.
Than ABH should give you short job search visa at least. But it is worst option.
Search forum for Antrag auf Auflage Aufhebung.
All is there.
Look if you are not from visa free land you are in deep sh.t.
You can get out easily but looks like you do not know enough to do it.
Solution is to take VPMK lawyer.
They take lots of money for NE but you need only BE and that could be cheap.
DvD
Member since 30/11/2004
DvD
Member since 30/11/2004
Posted on 16/11/2005 10:43 am
Re: Need advice !!!!!!
"I had not made any antrag. It was only verbal."
BIG MISTAKE!!
everything MUST be written! Specially these sensitive documents!
Next time you could meet a different person in ABH who is going to be not so "friendly" and you will have serious problems.
The solution was already said by DvD.
Be careful, don't play with fire!!! act NOW!
Good luck,
Alex
alex
Member since 07/01/2004
Posted on 16/11/2005 6:10 pm
Re: Need advice !!!!!!
@DvD
i am not from a visa free land.
This lady had asked me if I am searching for job and if I have some proof. So I gave her the printout of e-mails as a proof that I am waiting for reply from employers. She told me that she will put it in my files.
Since she was liberal and nice, I will try first to talk to her again and if things don't move in right direction then i will get to VPMK lawyers.
I have gone through your posts about Antrag auf Auflage Aufhebung and other links. I have understood many things. I know that its difficult to deal with these beamters as i have experienced it many times, when trying to change my wife's visa, but having previous knowledge of subject helps a lot. I will try to get out of this situation. Time is not going very good with me but I have to get out of it.
only thing confusing was that she said that i should first have job. i want to ask her to change my visa in my current situation so that I can further plan to do some business or may be study.
Do you think getting into university will help. After 4 years of stay and more than 3 years of work as GC, now joining a university for MSc., will it be a good move or can it be a problem for getting PR later.
You said I can get out of it easily. I also think so. Only right approach will help. I know the lady and can explain her if I know more. Can you show me some direction as to how can I get out of this situation.
viking
Member since 24/08/2005
Posted on 16/11/2005 6:11 pm
Re: Need advice !!!!!!
@alex:
you r right that its a big mistake. situations were bit relaxed and i did not wanted to creat unnecessary ripples. in one instance, dealing with customs officer, they called police and informed about my visa. police came and got suspicious and they invited me to police station 
of stuttgart. they then called ABH/AA and clarified about my visa. After 20 min the boss of that police station came out and told me that I can go and everything is fine. later, after some time i went to AB and they were also cooperative. i was expecting to get a job soon but somehow it has taken long. Now i am getting uneasy about my visa and want to get out of this situation. I want to approach AB with all information.
As I have written, i need some directions to get out of this. I am sure, I will get out of this, with ease of with difficulty.
Any idea about joining university in such situations. I have already applied and waiting for reply. If not job then lets do some study.
viking
Member since 24/08/2005
Posted on 16/11/2005 6:37 pm
Re: Need advice !!!!!!
Studium is nice thing but DO NOT MENTION IT AT THE ABH.
If you say that they will give you studenten visa and than you can forget BE or EG or NE.
after studium you would have to start 5 years from 0.
you made EG for your wife. Why don't you do it now the same way for you.
If she can get it opposite must go too. You should also get it.
If your wife did it in 2004 than law was different but something similar exist now too.
YOU HAVE TO REACH BE OR EG FIRST BECAUSE NOBODY WILL GIVE YOU JOB WITHOUT IT.
DvD
Member since 30/11/2004
Posted on 16/11/2005 6:44 pm
Re: Need advice !!!!!!
you could even get BE after 4 years just living in D if you never worked before.
explain that to beamtin. she can not ask you to have job for that case
explain also that everybody asks for unlimited WP (BE or EG) so you can not possibly find job without it.
DO IT QUICK, QUICK, QUICK BECAUSE YOU ARE COMPLETELY ILLEGAL IN D.
IF POLICE FINDS YOU YOU COULD BE ESCORTED TO PRISON AND THEN TO AIRPORT THE SAME DAY.
DvD
Member since 30/11/2004
