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Green Card status
Posted on 24/06/2004 9:35 am
Green Card status
Hi GCs,
I know that a prson loses his/her GC status if goes out of germany for 6 months.If a person does house deregestration before going out of Germany and comes back within 6 months.Will the GC be stil valid.What are the things(of course related to the one I just said) which a person should not do so that GC status remains intact.Please comment.
Thanks
AP
anita_porwal
Member since 18/06/2004
Posted on 25/06/2004 3:58 pm
Re: Green Card status
Hi,
Can any one respond to my question.
Thanks
AP
anita_porwal
Member since 18/06/2004
Posted on 25/06/2004 4:11 pm
Re: Green Card status
When u go for abmeldung, they ask for ur next address of where u r going to stay, there u have to specify ur next address, even if it is not in germany.
You GC will be valid if u are again back in germany before 6 months. It is my personal Experience, i have been to US(I got my salary in US) on a project for 5 months(i did abmeldung when i went to US) and back after 5months and did anmeldung, and everything was OK.
Regards
Deepak
deepak_bansal
Member since 09/03/2004
Posted on 25/06/2004 4:26 pm
Re: Green Card status
Hi Anitha,
I think it depends on the Visa which you posses,
Most of the GC holders posses a visa which attached with their
employer.So it gets invalid once your contract with your employer
expires.If you have still contract with your Employer,Staying
away for less than 6 months may not be a problem.
There are also GC holder's possessing visas indepndent
of the employer,But they are allowed only in IT sector.Such GC's
can also stay away for less than 6 months.
But i don't know,What your case is ?
Rgds
shino
Member since 25/06/2004
Posted on 25/06/2004 6:20 pm
Re: Green Card status
"You GC will be valid if u are again back in germany before 6 months."
"There are also GC holder's possessing visas indepndent of the employer,But they are allowed only in IT sector.Such GC's can also stay away for less than 6 months."
Normally it's so, but you should not forget about one possibility: local immigration office can revoke a residence permit, if they think that you are absent not on a temporary basis. such thing as Abmeldung can persuade them in that; therefore i would write them an official letter and inform them that i am going to be absent on temporary basis if i were you. of course such an official letter would not allow me to receive unemployment benefit while absent; but on the other hand, if local employment office finds it out that you are absent, not registered in Germany and still are receving an unemployment benefit, i guess a possibility of revocation of a residence permit will rise significantly.
now, if your residence permit is revoked it's going to be a lot of fun, just because you will not be able to cross the border and will have to direct a legal dispute from your home country, which may even not be possible at all, thus making officials get away with their improperly steps regardless of human rights, GG and international conventions.
trusday
Member since 10/03/2004
Posted on 26/06/2004 10:27 am
Re: Green Card status
- Fred.
fredjeffry
Member since 24/06/2004
Posted on 26/06/2004 11:50 am
Re: Green Card status
AuslG § 44 Beendigung der Rechtmäßigkeit des Aufenthalts, Fortgeltung von Beschränkungen
(1) Die Aufenthaltsgenehmigung erlischt außer in den Fällen des Ablaufs ihrer Geltungsdauer, des Widerrufs und des Eintritts einer auflösenden Bedingung, wenn der Ausländer
...
2. aus einem seiner Natur nach nicht vorübergehenden Grunde ausreist,
by the way PR has to be revoked as well because of that 
trusday
Member since 10/03/2004
Posted on 26/06/2004 2:22 pm
Re: Green Card status
lol here is something about "Ausweisung"; my notice: "Ausweisung" - it's the worst case of deportation, which was intended to be done only against criminals. but, if we look in German laws, we find out that "Ausweisung" should be made in the following cases as well:
45.0.3.1.3 Hinsichtlich der Feststellung einer Wiederholungsgefahr wird im allgemeinen auf folgende Gesichtspunkte
abgestellt:
...
45.0.3.1.3.4 - finanzielle Schwierigkeiten, Alkohol- bzw. Drogenabhängigkeit;
...
45.0.3.1.3.6 - wesentliche Änderung der Lebensverhältnisse.
Hint: german employer kicks foreigner out without any right to do so and does not pay him any money, after that provides an information to an immigration office that foreigner does not work any more and has no income; immigration office immediately kicks foreigner out of Germany. not bad, er? but by german laws such things are perfectly possible
trusday
Member since 10/03/2004
Posted on 26/06/2004 10:12 pm
Re: Green Card status
What? Hire-and-fire in Germany?
Actually your employer cant kick u out of his company as long as you didnt do anything illegal, right? Even if, then you can file a suit. Or did I misunderstand something?
- Fred.
fredjeffry
Member since 24/06/2004
Posted on 26/06/2004 10:55 pm
Re: Green Card status
"Actually your employer cant kick u out of his company as long as you didnt do anything illegal, right? Even if, then you can file a suit. Or did I misunderstand something?"
lol if he couldn't kick u out of his company as long as you didnt do anything illegal, why then possibility to file a suit exists, how do u think?
basically, i will tell u: ur employer can kick u out without any problems within first six months of ur employment, because in that case law does nor defend u. also he can do it if there are no more than 10 regular employees working in the company, because then the law does not defend u as well. and he can do it as well saying that he cannot find any new projects for u if u work in consulting company, and then the law defends u only if u are able to prove that he lies.
moreover, want to know how long a legal dispute takes sometimes? i will give u one example - myself. i received two different cancellation letters from my employer in Oktober 2003, filed two suits vs. him: one suit i won in Februar, the hearing of a second suit will take place only in August: how do u like that? and that would be only the first hearing *lol* how do u think, if ur right for unemployment benefit ends before the hearing takes place, what immigration office would try to do?
i can tell u: once u make an application for a social aid, an immigration office can kick u out of Germany in 24 hours unless u submit corresponding SUCCESSFUL application to a court of law b4 u apply for social aid, unless u have a right for an unemployment benefit but did not receive it because officials process your application too slow, unless u are stateless; and in two last cases it is also better to submit a corresponding SUCCESSFUL application to a court of law b4 applying for social aid, just because immigration office can firstly kick u out and only then think whether it was right moreover, an immigration office can kick u out as well if it thinks that u will have to apply for social aid in a near future. how can they think so? i can tell u. they call to employment office and ask whether ur application for "Arbeitslosenhilfe" will be accepted; they receive an answer "No" and kick u out. and may i remind u that from 1.1.2005 "Arbeitslosenhilfe" and "Sozialhilfe" will be put together and comprise "Arbeitslosengeld II" which will be just an another type of social aid
trusday
Member since 10/03/2004
Posted on 26/06/2004 11:13 pm
Re: Green Card status
of course, those laws existed earlier as well, but ... earlier there were no cries about rising unemployment and about a necessity to cut down salaries and pensions, to increase working hours, to cut down social programs and increase taxes which are paid by employees. now such cries are being heard louder and louder: how do you think, what results that can bring? i can tell u. while officials earlier closed their eyes and tried to help poor foreigners, now some of them (only some, but just you wait! it will get worse) are like wolves which are trying to find every possible way to cut down expenses. and which way is easiest to achieve that? of course, by kicking foreigners out (not all, mind u, only those from third world countries, which will not be able to get lots of money from Germany out of their home countries) - and it does not matter what Schröder or other politician tell, local officials will do what they consider to be best for their cities, not for u.
somebody tried to ask why they are responsible for increasing unemployment? well, does it matter for officials who is responsible for that? they have a fact of life - increasing unemployment - and they try to put all weight of it on shoulders of those who are least protected by the laws.
i mean it is also a fact of life - it comes rapidly to a point (in U.S. as well as in Europe) when the democracy and human rights will be reserved only for citizens of those countries, all others will have no rights at all.
trusday
Member since 10/03/2004
