Posted on 04/02/2010 11:59 am

Visa extension,Job contract and marriage problem

Dear all
I need an advice from you all in my situation.I came germany with my husband 2.5 years back.I am working from last 1.5 years.I have one son and i am expecting another baby.
Now I am in problem
I have my job contract ending in june2010.There is a little possibility of extending of my job contract as my expected date of baby is in July 2010.
Meanwhile I am having alot of problems with my husband. He is having NE but my visa is inde-pendent of his i.e.§18.It seems that we will not be living together in near future.So i am thinking of quitting from this relation.
I have got letter from auslanderbehorde that i will get BE in june as i will be completing my 2 years of working and 3 years of living in germany.
What are possibilities form me?
1. Is there possibilty to get visa extension without job contract.If i get visa extension then I may get arbeitslosengeld that would be sufficient for three of us(me and my 2 children)
2. Should I go back to india immediately after ending of job.

Seeking a trustworthy advice
Regards
Deepa

Posted on 04/02/2010 2:21 pm

Re: Visa extension,Job contract and marriage problem

@deepa
There is a law in Germany i guess since 2008 or so that you will receive certain percentage 70% of your last pay for a certain time (3 years or so). This is mutterschaftsgeld if i am not mistaken. Plus you get kindergeld for your child.

I felt deeply pained reading your story and situation you are in specially when you are in family state. Not sure the reasons in your case.

so you have 2 points of Survival
1) Arbeitsloschengeld (ALG1) if you have paid when you were employed.
2) Mutterschafts urlaub which the govt gives you if you have given birth to a baby. This is new law from 2008 or so.

About Visa, i feel you should get for job search especially since you have 2 kids and have a marital problem. Explain to the ABH guys there. They should understand your situation.

Also i feel you can derive support from your husband if he deserts you. As he cannot get off by having 2 kids. Its his responsibility too.
See if you can get some advise from a lawyer.

Take courage and take this man who is deserting you head on. After all in Germany Womans rights are well protected.

My final advise to you. If you have strong family support back home. please come back if after some time you do not get a job (i mean when you are able to work). till you are nursing you child i feel you would get some support.

This tips i am giving based on my personal knowledge. you can definitely mail me for any further assistance at saviosn at gmail dot com.

regards
Savio

Posted on 07/02/2010 11:39 am

Re: Visa extension,Job contract and marriage problem

I dont see any problem with your visa extension. Even with Arbeitslosgeld, you are legally permitted to get extension.

But the duration of the visa may be very restricted. It could be upto the end of your Arbeitslosgeld period. All depends on the Beamter/in.

Posted on 08/02/2010 9:12 pm

Re: Visa extension,Job contract and marriage problem

Hi Deepa,

1. You are entitled to Arbeitslosengeld if you have contributed 12 months into the Arbeitslosenversicherung. Independent of this, you will normally have the right to demand Support (http://dejure.org/gesetze/BGB/1615l.html) from your partner, normally up to three years after the date of birth (but read the law).

This forms of income should be enough to get BE and a renewal of the residence permit.

2. a lot depends on how/if you leave your husband,
here is a link to an article on Wikipedia describing the divorce procedure in Germany (http://de.wikipedia.org/wiki/Scheidung), it is a complicated and very costly issue, specially for non germans as foreign law will probably have to be applied (do you both have the same citizenship?). It can be a nasty and poisoning process.

Certainly the best would normally be to see a relationship counselor (Paartherapeut) and see if the relationship can be saved, maybe the problems are just temporary. If not, then you need to think of what is better for you and your children, and what sort of support (not just financial but also emotional) can you expect in Germany and in India.

Hope that things become better,

-a

Posted on 09/02/2010 1:36 pm

Re: Visa extension,Job contract and marriage problem

Hi Deepa

Well, I think is quite too much for you. But only you can decide if you stay with your husband or not.


First things first.

I guess, as some other colleagues you can easily get visa extension. The minimum time could be the time you are allowed to get ALG,this is calculated with the parameter given by Aalvarez.

Once residency in DE is solved, go for the second. You will get ALG but if you are alone, you will get A LOT of help from the government for your rent. See this

http://www.soziall...erstuetzung-5878.html

Third, you are such a brave person to front all by yourself, maybe is a good idea to take advice from people experienced in that problems. I found this thread, somewhere in Germany, but anyway maybe some of the www appearing here can point you to a "Beratungsstelle" near your place.

http://www.allein-...forum/beitrag432.html

Best wishes and keep us informed!

Regards

YO