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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 20/05/2010 3:59 pm
Re: Visa situation after informal Kundigung
For Abfindungsgeld tax percentage will be more and also may be there will be a sperrzeit in ALG.Check with experts before going for this.
sek123
Member since 15/02/2008
Posted on 20/05/2010 6:30 pm
Re: Visa situation after informal Kundigung
I just gave you a tentative estimate, 1.5 Brutto seems to be ok, it will probably be added to your last salary and taxed alltogether as a single payment. You probably won't get much more in court but will avoid ALG I Sperre. Somebody correct me if I am wrong, but I thought that getting Zeugniss is a legal right of an employee, that your company does not give it to those who go to court sounds like BS to me.
Besides, the main thing for you is to find a new job, so I say agree to Abfindung, go through ALG I application, it takes some time an efforts by itself and look for a new job offer.
Delay of 3 weeks with Zeugniss is nothing unusual I don't see an ill will of your company in that. I got Zeugnisses from both of my long time employers after the contracts were over, that's the way things work here.
mkorobeinik1
Member since 27/11/2008
Posted on 20/05/2010 9:12 pm
Re: Visa situation after informal Kundigung
@ mkorobeinik1, you are right. The letter says that the Abfindungsgeld shall be included in my last month's payment. I would accept the amount what they offer me.
I was today at the Arbeitsamt, had a termine with the Job vermittler who took down my details, created my Profile in Agentur für Arbeit and registered me as Arbeitsuchend etc. The woman also said, that I shall be eligible to get about 12 months of ALG I and this I can show to the Ausländerbehörde and get my visa extended.My ex-company lawyer also confirmed this before.
The question here comes , which kind of visa I shall be getting..shall it be an Aufenthaltserlaubnis (AE) or a Fiktionbescheinigung. The chances of getting the AE extended, I do not know as I do not have a contract for further work so they might just give me the Fiktionbescheinigung and with the Fiktionbescheinigung, I am not sure, if I get the ALG I or if I get the Fiktionebescheinigung till the time I get the ALG I, how does it differ from AE ?
fatehnkhan
Member since 11/05/2010
Posted on 26/05/2010 5:15 pm
Re: Visa situation after informal Kundigung
At first I had Fiktionsbescheinigung since it takes time to confirm ALG I and get all the papers. Fiktionsbescheinigung is a valid visum to start getting ALG I. After that I had it changed to AE, you have to go to Ausländeramt anyway after your Fiktionbescheinigung expires, get it changed to AE and come again with extended visum to Arbeitsamt so you could continue getting payments. Unfortunately I could not find the old passport, if memory serves me right it was AE based on §81 Abs. 4
mkorobeinik1
Member since 27/11/2008
Posted on 27/05/2010 5:45 pm
Re: Visa situation after informal Kundigung
New update is that, I went to ABH, and my concerned woman confirmed me that as long as I get covered by the ALG I, I shall get my visa extend as I have this AE , which allows me to work any where in Germany.Since I worked almost 3 years, I ll get 12 months of ALG I and therefore 1 year of extension of AE. In my case I have the visa still July 1 week,thank GOd
fatehnkhan
Member since 11/05/2010
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