Posted on 13/09/2011 11:46 am

Problem with Visa Urgent help please

Hi,

I am Currently working in Germany. I started my first work in the year 2007. Since I did my masters degree in Germany. I thought I am eligible to apply for NE. According to my calculation I have 48 months Pension + 12 months study time(half of my masters course period).
So today I have been to Auslandersamt to apply for NE.
The Auslandersamt has found a problem in my Visa application. The problem which all starts from the first day when I started working for my old company. Actually I started working for my old company when the visa was underprocessing.
Though my company knew that my Job visa is under processing my company insisted me to start working in the month of July in year 2007. (Visa was issued in August 2007).
I applied for my visa on 12.06.2007 and waited for a month but still I had no response from Auslandersamt. So I asked my company to deal this issue then they have spoken to the Arbeitsamt to issue my clearance.
I personally don't know what the dealing was that time but my old company said I can start working from 1st of july 2007 (I have every thing in writing so far except this talk between my company and Arbeitsamt).
So, I had no other choice than to start while the processing was going on. One good thing was that I was still on Student visa which was valid till 01.12.2007 and I still had 30 working days left in that year and I got exmatriculated from my course in the month of August 2007. which I guess will allow me to work during July month (as full time) in Germany.
But the problem here is that the tax was not paid based on paid student taxation law it was paid as regular employee.
The Auslandersamt has caught this point and asked me how is this possible. They said they will do a investigation with the Arbietsammt and come back to me in a week. The lady in the Auslandersammt says its a big problem. Its a big mistake. Is it crime ? Is there any chance to prove my self that I didn't commit any mistake? Or is it all over for me now.
Please help me!!!

Today I have spoken to my old company HR and the person who hadnled this issue is on vacation for two weeks. But the other HR person who is in office said that she has found the docmuent which they sent to Arbeitsamt for clearence. I hope it helps me. My company says they will not talk to Arbeitsamt on this issue.

Please suggest me what should I do now?

regards,

Badri
email id: badrivishalt@gmail.com
phone no: 017623420307

Posted on 13/09/2011 1:14 pm

Re: Problem with Visa Urgent help please

your ex-employer will be required to sort it out with ABH, Arbeitsamt and probably Finanzamt. Yes, first wait for what the ABH says

dk