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Visa situation after informal Kundigung
Posted on 11/05/2010 1:04 pm
Visa situation after informal Kundigung
Hello there,
I come from India and have been working for about 2.5 years and last week my boss said that I should have to leave the leave the company because of 'Redundancy'. I have my current visa (where I can work any where in Germany) valid only till 1 week of July. I explained him this fact and then he said, lets keep unofficial removal till I get sorted out with my visa. At the moment he asked me not to come from next day to work and he shall pay for the end of next month and he shall give me this kundigunsletter as soon as the visa thing is sorted out.
So yesterday I went to the Auslanderbehorde to extend my visa, as I am officially still working at my company and I did'nt get any letter officially from my boss. The women there told I need to bring a Employment proof saying that I am currently working and also in the future. I explained this to my boss and he does not wants to give this 'some how fake' letter on current date and get my visa extended, cuz after I getting the visa extended, the Arbeitsamt shall soon be informed about the status and I will be in big trouble and may even damage the company's reputation. My boss wants to help me to sort out this situation wihtout having providing this EMployment proof , which according to my opinion raise doubts from Ausländerbehorde and apparantly it may cause troubles for my future stay. My ex-company's opinion is that since I have paid for the social system here, I am entitled to get the unemployment benefits and therefore I wont be bullied out of Germany as soon my current Visa expires.But from different sources I have learnt that I can enjoy these benefits only if I have a valid visa to stay here . So its a misty cloud hovering around my head. My boss wants to meet me tomorrow and see a local immigration lawyer to know about the possibilities.
At this time, I have been living here in Germany for about 7 years with 4 years of student visa and 2.5 years of Work visa.
So any ideas or any information that I have to keep in my mind to be safe, with my work rights and also my visa would really help me.
Thank you folks
fatehnkhan
Member since 11/05/2010
Posted on 11/05/2010 1:26 pm
Re: Visa situation after informal Kundigung
Regarding Visa extenstion - it is impossible until you get emplayment proof letter from your currenty employer. Regarding-ALG, you will entitled only if you have Valid Visa. In your case as it is going to expired end of June & your company is already paying to the next month. So you willn't get any help, unless you findout any other job immediately, you have to hurry-up, else look for suitable lawyer is the Kündigung have valid reason to fire you ?
Rambalram
Member since 23/08/2007
Posted on 11/05/2010 1:36 pm
Re: Visa situation after informal Kundigung
Give a try with these:
1. last 3 months of Salary slips
2. Arbeitsvertrag ( Guess you have unlimited)
3. Zeugnis from your Boss about your position, role and responsibilities
No Employer can make an Employment guarantee. It is illogical if someone asks for it.
truster
Member since 26/06/2008
Posted on 11/05/2010 1:58 pm
Re: Visa situation after informal Kundigung
Hi,
in my opinion if nothing is working out,as u said u have BE,u should try to find a job in some restaurant for some time,in this case u will have enough time to find a job in your field.
may be you don't like to work in a restaurant but if you want to extend your visa that is not a bad idea.
PS: this is just my opinion
Lubovi
Member since 06/07/2009
Posted on 11/05/2010 4:59 pm
Re: Visa situation after informal Kundigung
I did try with my payslips and Arbeitsvetrag (Unbefristete)and but the woman there told me to bring the letter from my boss to get my extension that I am still working or shall be in the future..
But I saw in another thread, that even if I get the visa extended on Work basis...as soon as I am officially removed from the company, then I should inform the Arbeitsamt and the Visa office within 3 days and these muppets then reduce the visa to 3-6 months of Jobsearch visa ! see http://www.trust7....b_question_about_visa
Working in restaurant does not help as this shall not add into my professional job career and the Ausländerbehorde does not give a visa for it
fatehnkhan
Member since 11/05/2010
Posted on 11/05/2010 9:09 pm
Re: Visa situation after informal Kundigung
khan,
you worked for 2 years and you are eligible for arbeitlosengeld for atleast 6 months(not sure). You can get this letter from arbeitsamt and submit it to Ausländerbehörde. They should extend your visa untill you get arbeitlosengeld. Within this time, you need to find another job. What you have explained so far is only when you dont have BE.
USe of BE visa is, to do any job during hard time and survive.
I am sure already this kind of case was reported here and search it. Post your question in info4alien too.
wander
Member since 08/07/2009
Posted on 11/05/2010 10:53 pm
Re: Visa situation after informal Kundigung
Thank you Wander for your I/P,
As far as I know, my Finance boss told that I ll get about 1 year Arbeitlosengeld, but its not confirmed. But if they give this period of extension. But do you think that which kind of visa it might be... does it may be the same BE visa or 'Arbeitsuchend' visa ?
I've still the meeting tomorrow with my boss and some organization for immigration lawyers. So, any questions that I can ask them to clarify about me in this regard, just let me know so that I can put them down and ask them
fatehnkhan
Member since 11/05/2010
Posted on 13/05/2010 3:46 am
Re: Visa situation after informal Kundigung
Today I have received the 'Formal' Kundigungsbrief.
My Finance boss, a German who knows the law very well, said that I should take this to the Arbeitsamt and ask for Arbeitslosengeld and he called up to a Lawyer in this field and got it confirmed that since I have this BE Visa, which allows me to work any where in Germany, I am obliged to get the Arbeitslosengeld and the other benefits till 1 year. and witht this support from Arbeitsamt I can extend my visa. According to him this is the safest and the clear way !
Do you think, I should also inform the Auslänerbeofrde asap or wait till the expiry of my visa ?
fatehnkhan
Member since 11/05/2010
Posted on 13/05/2010 12:18 pm
Re: Visa situation after informal Kundigung
Ok, congrats.
I feel like i mastered one small part of german law.
First get letter from Arbeitsamt regarding arbeitlosengeld and time period.Then you go to extend your visa.
Your visa will get extended untill arbeitsamt pays money.
Within this 1 year, you must find something permanent to extend further. It could be even any odd job that pays for your survival.
All the best.
wander
Member since 08/07/2009
Posted on 13/05/2010 2:03 pm
Re: Visa situation after informal Kundigung
My opinion is also you first try get abeitslosgeld and show slip to AB. Why you not question your kundigung? I think than also AB cannot say you have no job as long as you have challenge kundigung. As long as challenge they must give visa in case it is sucessful and you have still job. Why your employer tries so "nice" after giving kundigung? I understand you have only three weeks from this post http://www.trust7....problem_arbeitslos__7
Pandey99
Member since 03/12/2008
Posted on 13/05/2010 8:22 pm
Re: Visa situation after informal Kundigung
Thank you Wander. My fear in this case is that , since i have only 1 more month of valid visa, the Arbeitsamt , does not pose any problems for giving the Arbeitlosengeld and its benefits for 12 months.
@ Pandey 99, I do not want to challenge the Kundigung as I also do not want to work in this company any more as I have realized that at my ex-company, I can't see any future and I was deciding to move out any how in 2-3 months time after my appraisal period.
One thing I also want to ask is that, right now I got my 'Betriebsbedingte Kündiguns - Arbeitverhältnis'...the letter informing me that my emplyoment stops at 30,06...My Boss asked me to sign this letter that I have 'received' it yesterday. I signed it , but at the same time I asked him if this is the same letter which describes also the financial support that I will be getting ..like the providence or in German... Abfindungsgeld, then he said.. 'no, this is just the letter that I have officially recieved the information'. So, is it going to be any other letter that my company would ask for me to sign ...considereing the financial arrangements to be done between me and my ex - company ?
fatehnkhan
Member since 11/05/2010