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Unlimited Work permit (EG or BE)

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Creado 04/09/2005 12:10

Unlimited Work permit (EG or BE)

I am a Telecom Engineer and living in Germany since April 2001. I have worked here as a Research Assistant (Wiss. Mitarbeiter) for more than three years and having still job contract till Dec. 2006 and residence permit till Feb 2007. Amount for the Govt. pension scheme has been paid for more than 36 months. I had applied for unlimited work permit as per BeschVerfV § 9.1 and also BeschV § 46.2. Unfortunately my case was rejected mentioning that I have worked as a researcher(Wiss. Mitarbeiter) and my current work permit is only to work as a researcher and not as an IT Expert (not GC holder). Ausländerbehörde suggested me to better apply for NE in 2007 April.

Could you please suggest me wheather I can get EG or BE now? If I can then please give some formal hints or similar proof. I will be highly grateful for legal suggestions.

bimalkshah

Usuario desde 21/04/2005

 

Creado 05/09/2005 13:32

Re: Unlimited Work permit (EG or BE)

Could anybody forward me the formal letter to present at Ausländerbehörde?

bimalkshah@yahoo.com

bimalkshah

Usuario desde 21/04/2005

 

Creado 05/09/2005 13:43

Re: Unlimited Work permit (EG or BE)


Hi Bimalkshah,

You are entitled to BE after 36 months of working (regardless of your profession) or 48 months of legal stay in Germany. In your case you qualify under both criteria. Try speaking with the Gruppenleiter in Ausländerbehörde.

regards

________________________________________

Akshay

Usuario desde 21/03/2005

 

Creado 05/09/2005 13:47

Re: Unlimited Work permit (EG or BE)

No you are not entitled.

Law could be that way understud that you have right...
BUT unfortunately for you there was some letter from Ministerium to ABH that says that studium time is not counted.

Some were lucky and got BE because ABH did not know much about this letter.

You will be lucky if you get NE because according to this letter Studium does not count for NE also.

DvD

Usuario desde 30/11/2004

 

Creado 05/09/2005 13:56

Re: Unlimited Work permit (EG or BE)

Thanks for suggestions. I am no more student and I had contract as Wiss. Mitarbeiter and my salary was above normal GC holder. I would be grateful if you forward us similar proof.(bimalkshah@yahoo.com)

One more thing the chief of Ausländerbehörde thinks that I have still residence permit till Feb 2007 and why should I change now? I have to accept their decision about rejection or I have to present solid proof till 19 Sep.

bimalkshah

Usuario desde 21/04/2005

 

Creado 05/09/2005 14:04

Re: Unlimited Work permit (EG or BE)


@DvD

§ 9.1 Satz 1
"drei Jahre rechtmäßig eine versicherungspflichtige Beschäftigung im Bundesgebiet ausgeübt haben"

If he was paying Rentenversicherung for 36 months then he is entitled to BE, student or no student. Only when appying for NE, studium time is not taken into consideration.

________________________________________

Akshay

Usuario desde 21/03/2005

 

Creado 05/09/2005 14:10

Re: Unlimited Work permit (EG or BE)

Hi Akshay,

I had prsented this law BeschVerfV § 9.1 as you mentioned above but they said me for Work permit as Wiss. Mitarbeiter there is no need to verify from Arbeitsamt and for it I have to wait till April 200 7 when 60 months of pension amout is paid and then I should apply for NE.

bimalkshah

Usuario desde 21/04/2005

 

Creado 05/09/2005 14:30

Re: Unlimited Work permit (EG or BE)


"they said me for Work permit as Wiss. Mitarbeiter there is no need to verify from Arbeitsamt"

They are right, they just cant figure out why the hell do you want a work-permit-free visa for doing a job which doesn't require a work-permit.

Solution is telling them that you also want to work part-time in other areas like IT.

________________________________________

Akshay

Usuario desde 21/03/2005

 

Creado 05/09/2005 14:33

Re: Unlimited Work permit (EG or BE)

@Akshay
§9.1 is not important because he does not have visum. He has only student visum and there helps nothing.


@b
you say you are not student. Than you are illegal in D since you have only student visa.
and how can you aply for NE in april 07 if your visum ends in feb 07?

DvD

Usuario desde 30/11/2004

 

Creado 05/09/2005 14:36

Re: Unlimited Work permit (EG or BE)

Hi Akshay,

Thanks for your suggestions. But part-time job they need job contract also I think or one form like stellenausschreibung completed by employer.

bimalkshah

Usuario desde 21/04/2005

 

Creado 05/09/2005 14:41

Re: Unlimited Work permit (EG or BE)

@b
you will have dificulties getting normal visum.
ABH is not that stupid. they know that you do not need normal visa and that you never had some and it is true.

usual way is to get job after your are over with studium because than they do this usual JMCheck.
if you would get normal visum now you would never go trough AMC.

DvD

Usuario desde 30/11/2004