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Stuck between Auslaenderbehoerd and Arbeitsagentur
Posted on 28/03/2009 1:18 pm
Stuck between Auslaenderbehoerd and Arbeitsagentur
Hello,
My name is Hardik. I would first briefly describe my background before explaining my problem.
I am an MS from Sweden and I did my master thesis in Germany (10 months duration). After that(4 months gap, when I was in India) I received a job and I did that from 10.10.2006 to 15.03.2009 in Germany. I changed my company in May 2008 and when I was in my probation period, November 2008, I was fired and rehired on temporary contract which ended on 15th March 2009.
When I went to AA for arbeitlosgeld and registration as an unemployed, they said "Because you have your work permit bounded to the only one employer, we can not register you as an unemployed and you cannot get Arbeitlos benifits.". They gave me a letter saying that and asked me to go to AB to get unbounded arbetiserlaubnis. When I went to AB for that, they said "When you will have a job, we will give you such work permit.". Moreover, they gave me a time limit till 27th April. If I dont have a job on 27th April, I have to leave Germany and go back to India.
Can anybody please suggest me what can be done in such case? It will be a great help to me. I am also thinking to have a lawer to file an application with all leagel clauses. So, if any lawer in the group from Duesseldorf, I am eager to here from you.
Thanks a lot in advance,
Hardik
hardik
Member since 28/03/2009
Posted on 22/05/2009 10:27 am
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
Please note this
"mindestens 12 Monate während der letzten zwei Jahre Beiträge gezahlt worden sein"
So to claim Arbeitslosengeld one should be living here for minimum 2years during which one should have worked for minimum 12 months to be eligible.
Also if your Visa is bound to a employer and you don't have a BE then one is not eligible for Arbeitslosengeld.
If you currently have a job and worked here for 2years then get the BE but its not possible to get BE without having a job in hand.
raj2001
Member since 10/06/2008
Posted on 22/05/2009 11:07 am
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
@raj2001,
The rule you said is absolutely true.
But i know some people in germany who have been living from approximately 15-18 months and lost their job and still getting ALG.
I think it is upto authorities to decide about the rule ( i mean relaxation in rule).
babashankar
Member since 06/12/2007
Posted on 22/05/2009 11:12 am
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
>>So to claim Arbeitslosengeld one should be living here for minimum 2years during which one should have worked for minimum 12 months to be eligible.
Correction
In the last two years one should have "paid atleast 12 months" . Not that you should have "lived here for 24 months".
raj
Member since 27/01/2004
Posted on 22/05/2009 4:10 pm
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
Regarding unemployment benefits there is an unfortunate catch 22 situation:
The catch 22 starts with loosing one´s job. Here one should take neither a dismissal or a contractual time limit in the job contract simply lying down especially if the latter has thus far been prolonged for a couple of times.
Though having lost one´s job after having contributed for at least 12 months to the fund, the Employment Agency (AA) still does not regard you as being “arbeitslos” as defined by the law - and thus eligible for payments - as long as the residence permit restricts you to a single employer.
This restriction is to be seen in the context of the procedure involved in getting a residence permit for gainful employment. Usually the AA has to give its permission before the AB (Foreigner´s Authority) is allowed to issue a residence permit for gainful employment. After two years of employment such a permission by the AA is no longer required and only discretionary. At the same time the former restrictions, e.g to a specific employer, no longer apply.
The third point to take into consideration is that the law actually expressly stipulates that a residence permit for gainful employment shall only be issued if a specific job offer is at hand.
This latter point has to be carefully taken into account in devising a strategy when dealing with the AB to resolve the issue.
Rechtsanwalt_Jain@yahoo.de
vakalat
Member since 21/11/2007
Posted on 22/05/2009 8:00 pm
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
@Gaurav
"who so ever has worked for 15 months is eligible for arbeitslosegeld." (ALG)
Thanks for the info.
I was at AA and they did not permit me for ALG. Then I went AB to inform them about my job and asking abt ALG. They IMMEDIATELY gave me 2 months fiktionsbescheiningung to search a new job and said I am not eligible for ALG. That irritated me. Anyways.
What should I do now to get ALG?
I have worked as an employee for 16 months, worked as a student for 20 months.
I am in Germany since end of 2004.
For how many months does one get ALG if he/she has worked for 16 months?
"By the way you are in which field?"
I am in Procurement/Supply Chain Management field.
In which state u r?
Feel free to call me on - 017621327241
Thanx.....Best regs
Pankaj
PankajMehta
Member since 21/05/2009
Posted on 25/05/2009 6:01 pm
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
@Pankaj
My number is 017654579854
I am in neidersaxony(Hanover)
With Regards
Gaurav
garimagaurav
Member since 20/04/2009
Posted on 13/07/2009 9:21 am
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
Dear All,
First of all my apologies to fail to write my updates here. But, I am happy that some people could reach me on my number. I received many inquiries on my mobile on this issue. So, I would summarize the whole process as under.
At first I am starting with some TIPs to all.
1) If you dont have BE and you already have worked and paid taxes in Germany for 24 months, go to AB with all 24 salary sleeps or Meldebescheinigung zur sozialversicherung for all 24 months. Ask the authority to give you BE.
2) Advice 1. is valid though you have a secured job. BE helps to get the your next job more easily and you are open to the Consulting companies. In germany there is a rule that cosulting companies like Wipro cannot hire a foreigner unless he/she has a BE.
3) Mostly when you will do 1. your authority will give you the following answer. "When you will find your next job, we will give you BE". In such case politely ask them in written that why they dont want to give you the BE even though you are legally eligible to get the BE. Most probably by hearing this they should process your BE, if not you can also ask them to meet the head of the department. Stay polite and firm, and each time ask the legal reason for the refusal. This will save your lawyer charges.
4) If nothing works till 3. depending upon your situation go to the lawyer (Auslaenderrechts Anwalter). Search in google for this term in your city and you will get enough of them. Contact them and present your case. Now step 4. is required depending on desperation only. As to talk to lawyer you will spend some 200 Euros. I had a total bill of 650 Euros. This amount is worth if you already have lost the job and step 3. is not working for you.
5) Once you get the ALG I, on the first page of the confirmation it is written that for how long you will get ALG I. For example for 360 days, 200 days etc. Now comes the most important point : YOU ARE ELIGIBLE TO GET YOUR VISA DONE TILL THE END OF THIS PERIOD.
MY STORY :
For me I did not do 1. and 2.. So after I lost my job, I started with 3. Honestly speaking, I did not ask them so much firmly so 3. did not work for me. So, I had to do 4. which coasted me 650 Euros. Fortunately 5. was done and now I have BE till April 2010. But I am still in the search of the job.
I am happy that many people contacted me on my mobile number who had the same problem. But, I must apologize again for failing to write this on the forum. I will be very sad if because if my carelessness someone had trouble processing his/her BE. Anyways, you are always welcome to call me on 017696487171 for more information.
Good luck,
Hardik
hardik
Member since 28/03/2009
Posted on 13/07/2009 10:07 am
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
Good Luck Hardik.
kewlbuddy
Member since 25/03/2009
Posted on 14/07/2009 12:50 pm
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
Dear Hardik,
Nice to read that you pulled it through. I need to communicate with you in person. Could you give your mailid??
rajnlaxmi
rajnlaxmi
Member since 20/07/2008
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