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How could Arbeitserlaubnis and Aufenthaltserlaubnis changed to another Arbeitgeber
Posted on 04/03/2004 2:19 pm
How could Arbeitserlaubnis and Aufenthaltserlaubnis changed to another Arbeitgeber
I have a normal Arbeitserlaubnis and Aufenthaltserlaubnis specified for a designated employer for one year(I am not in the IT branch). Because my current contract is limited for only one year, I have to worry about my future and are seeking for a long term working contract. My question now is: if I find another job and need to change the Arbeitserlaubnis and Aufenthaltserlaubnis. What should I do step by step?
In performing the change, there are many risky factors, for example:
1. if I have resigned from my current job before I get the Arbeitserlaubnis for the next employer,, I have then no ground to stay in Germany because my Aufenthaltserlaubnis is limited to the former employer.
2. If I do not resign from my current job, I might not get the new Arbeitslaubnis and Aufenthaltserlaubnis.
Could any of you be kind enough to find out how I deal with this situation?
Moon
moon
Member since 15/12/2003
Posted on 04/03/2004 2:55 pm
Re: How could Arbeitserlaubnis and Aufenthaltserlaubnis changed to another Arbeitgeber
U R Cright that u will b out if u do not have a job here.
Just use ur commonsense and do not lift ur leg until u do not find another place to put 
I mean whats the problem in continuing the current job and keep finding the another one during that time? But once u have a job then ur new office can file for ur extension here. But there are lots of fishy things in between. e.g ur new employer has to prove that there is no german available or ready to do that job then only he can give it to etc etc.
So act carefully.
uttam
Member since 09/02/2004
Posted on 05/03/2004 8:11 am
Re: How could Arbeitserlaubnis and Aufenthaltserlaubnis changed to another Arbeitgeber
Thank you, Uttam, for your understanding of my situation. What you said is absolutely correct, that the German Arbeitsamt has to prove that no other German could replace me on the job. I do not have the worry yet in this regards because my current position was already proved for 2 times and there was actually no other German person could replace me. However it is a pity that my current contract is only for 1 year. Thats why I was asking help from you all to find out the solution for the risky factors in case I have a new employer now who is willing to offer me a long term contract. How could I proceed with the formalities safely?
Could anyone be of help in this regard?
moon
Member since 15/12/2003
Posted on 05/03/2004 8:43 am
Re: How could Arbeitserlaubnis and Aufenthaltserlaubnis changed to another Arbeitgeber
AOA,
Note-Kündigung:
Let's say 1-3 months depending upon your Kündigung period with the first employer
I would suggest you to take your new employer into confidence and tell him about your situation.
Because, I think, you should not lose the long term contract. Now, to make it safe. Just sign the contract in advance(Check Note-Kündigung), without losing your current job. Now, try to get the Arbeitsamt paper meanwhile and ofcourse Aufenthaltserlaubnis(Paper formality). And, this is possible only if you take your new employer into confidence for an advance contract(Check Note-Kündigung).
But, be sure, to keep it upto you and new employer and not to anybody else 
.
And, I dont think its illegal to go this way.
For example, what if you are with your family(wife and kids). So, before leaving your current Wohnung. You will certainly make sure to have contract for the new Wohnung before leaving the current place.
I hope, you understand the situation and system.
Wish you best of Luck.
A.T
Member since 14/01/2004
Posted on 05/03/2004 11:35 am
Re: How could Arbeitserlaubnis and Aufenthaltserlaubnis changed to another Arbeitgeber
In proceeding your suggestions I will have the following concerns:
1. would the responsible Arbeitsamt disclose it to my current employer about my motive to change the job? I mean it is quite possible while proving my documentation and finding out that I already have an Arbeitserlaubnis for the former employer. Are there any law prohibiting them doing so?
2. After consulting the relevant Ausländeramt for the application of the Aufenthaltserlaubnis for the sake of the next employer, I was told to present them the new work contract as one of the necessary documentation. This makes me really crasy. How could I present him a new work contract for the future employer while still working for the current employer and having an Aufenthaltserlaubnis for the current job? In this case, I would be in trouble because I would then have double contracts during this period. It would then be illegal.
In case I resign from the current job in order to try to make everything legal, I am not sure if the new Arbeitserlaubnis could surely be issued. If not, that means I am losing the work for this year as well. What shall I do?
You might have a better idea?
moon
Member since 15/12/2003
Posted on 05/03/2004 12:04 pm
The reform plans should work
hi All
As mentioned before by me, i would recommend not to get too much concerned on the issue of 5 years.I am sure we would get the extension (although PR is something that one cannot talk about now).Holding on to current jobs is therefore very critical.
As far as the govt is concerned, there are high hopes of reformation, specially on the announcement of Horst Köller (IMF chief) as the president of Germany.Something tells me that a major powershift might occur from the current constitutionally granted powers of the 'Kanzler' to 'Bundespräsident'.Thats the only way CDU/CSU will bring back the days of Kohl's Germany back, and will find out a solution to the immigration issue(naturally as a common agenda with SPD).
have a great day
GnR
GnR
Member since 28/11/2003
Posted on 05/03/2004 12:16 pm
Re: How could Arbeitserlaubnis and Aufenthaltserlaubnis changed to another Arbeitgeber
To the best of my knowlege and experience only ur new employer can handle it. Present him ur current scenario. If he is really intereted in u then he will definetly find a way out. I also htink that people in arbeitsamt and KVR will be more cooperative if he will ( or someone in german language ) will communicate with them.
Let him ensure everything from his side and then u can sign the contract and proceed. Again I think once u have a job then doing other formalities is not a big problem.
People sitting in those govt offices are not fools to make u sit here and allow u to take the arbeitlos geld, they will prefer if u work and pay the taxes
best of luck.
uttam
Member since 09/02/2004
Posted on 05/03/2004 1:54 pm
Re: How could Arbeitserlaubnis and Aufenthaltserlaubnis changed to another Arbeitgeber
As far as your fear is concern. Its natural. But, to say that its illegal. Its not true, because even I have experience of my German collegue, who had more than one contract being offered by different companies.
I know, you are not German. But, still, dont be so afraid that your current employer will know about this new offer. First, its your right to try for a better future and noone can say it illegal.
Again, I think, you need to tell this issue with your new employer and upon receiving an advance contract(say 1-3 months). You go to Arbeitsamt and they will not do any harm or will inform to your current employer. But, rather, they can issue a new work permit, where your new employer name and period of contract will be written.
Then, with this work-permit, you can face the Ausländeramt easily to extend your Aufenthältserlaubnis.
Still, if you find yourself with fears, then I would suggest to either get someone who can speak good German and goes with you to Arbeitsamt.
Otherwise, just hire a lawyer to get this thing done, who ofcourse will charge you a fee to help you around.
Wish you best of luck
A.T
Member since 14/01/2004
Posted on 10/03/2004 8:27 pm
Re: How could Arbeitserlaubnis and Aufenthaltserlaubnis changed to another Arbeitgeber
Thanks a lot for all of your ideas and suggestions. I just wish what A.T said would come true if I face the situation of changing the Arbeitserlaubnis - " You go to Arbeitsamt and they will not do any harm or will inform to your current employer. But, rather, they can issue a new work permit, where your new employer name and period of contract will be written". I don't know if you really have the experience or have heard of somebody having such experiences before. Anyhow I am a bit encouraged by you all.
One of you has mentioned "Arbeitslosgeld" in his or her comments. I therefore have another Question:
By the end of this year, I will be working for two years in Germany. I have an "Arbeitserlaubnis" and an "Aufenthaltserlaubnis" that are limited to the end of this year as well. Am I entitled to enjoy "Arbeitslosgeld" by the end of this year? I mean, My Aufenthaltserlaubis will not be valid for the next year. Am I entitled to stay in Germany and ask for the Arbeitslosgeld? If yes, for how long?
Does any of you know this matter?
moon
Member since 15/12/2003
Posted on 10/03/2004 10:11 pm
Re: How could Arbeitserlaubnis and Aufenthaltserlaubnis changed to another Arbeitgeber
"Am I entitled to enjoy "Arbeitslosgeld" by the end of this year? I mean, My Aufenthaltserlaubis will not be valid for the next year. Am I entitled to stay in Germany and ask for the Arbeitslosgeld? If yes, for how long?"
You can ask for unemployment benefit of course, but there are some prerequisites which you need to meet in order to get your application accepted. one of them for foreigners is: the job market should not be closed for you. and it is, of course, closed for you in case when local immigration office annulates or does not prolong you residence permit motivating it by absence of a job and abides you to leave the country. therefore employment office usually asks you to go to immigration office and bring them confirmation for how long you can stay in Germany. for that period of time they normally should pay you unemployment benefit.
it is up for immigration office to decide how much time they are willing to give you (after your residence permit expires) before you have to leave the country. this period of time according to law can not be less than two weeks and if you worked in Germany during two years they normally should give you two-three months during which you can get unemployment benefit and search for a new job. if you would find one before given period expires and would at least have a confirmation from employment office that a new work permit will be issued to you, i guess immigration office will have no problems with giving you a new residence permit.
accordingly to your question in first message, if it is not possible to persuade your employer to prolong your work contract, of course you need to search for a new job, moreover, by the law you can freely do it in your working hours and your employer can not prohibit you to do that.
when applying for unemployment benefit, just remember that by new rules you need to register in local employment office in three months before your current work contract ends or in the next day after getting dismissal from your chief, otherwise they can subtract some amount of money from your unemployment benefit.
trusday
Member since 10/03/2004
Posted on 11/03/2004 10:36 am
Re: To Trusday and others
I am new to this forum and have somewhat similar situation. I am working in Germany for the last one and half years as a Praktikant with normal work permit after finishing my studies. Now my company wants me to employ as a regular employee and have renewed my contract for one year. I was to the Foreign office for my prologation of my residance permit but they said first they will contact the work office to know if the work office will issue me a work permit and only then I will be isseue me with a residance permit.
Now it is about almost two months and I am still waiting. My company has also contacted the work office and sent them my job description and other related documents to show them I am the right person for them.
Could you please give your sugesstions for the following:
What is the exact procedure in this situation. Now I know that the Foreign office had already contacted the Work office and my case is now in Work office.
How much I need to wait. Will it take six to eigth weeks as the time required by the Work office to look for another person form EU.
In case they send their confirmation to Foreign office will I have to go through the same procedure again in the Work office that is waiting for another six weeks.
Many thanks for any sugesstiion which I may have from your side.
suarora
Member since 11/03/2004
