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Stuck between Auslaenderbehoerd and Arbeitsagentur
Creado 28/03/2009 13:18
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
Usuario desde 28/03/2009
Creado 30/03/2009 8:32
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
Hi Hardik,
By 10.2008 u r finished with 2 yrs and u shld have got ur BE.. i.e. employer independent.. if u have that visa AA have to pay u arbeitlosegeld.. i donno y ausländerbehörde dint change ur visa to BE when u went there.. the people in ausländerbehörde r trying to take advantage of foriegners n asking them to return to their home country.. my question is "r we slaves?"
Ausländerbehörde will never give information to u unless u ask something.. even if u ask n if they r unaware they will say no.. so if u guys know an information for sure.. collect the documents n then go to office n they have to provide that.. this is a tip given by my colleague..
hardik go to foriegners office n ask them to change ur visa to BE..
karthik82
Usuario desde 01/09/2008
Creado 30/03/2009 10:26
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
Hi Karthik,
Thank you very much for the information. But, do you think they will change the status of my visa now as I am jobless? And I have already paid social insurance for then 2 years, so how long am I eligible to stay in Germany without job?
Thanks in advance.
Hardik
hardik
Usuario desde 28/03/2009
Creado 30/03/2009 11:01
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
hi,
as i said they r taking advantage.. they r not fair .. u can go n ask for BE bcoz u have worked for more then 2 years in germany.. please wait for some more information from trust7 members .. they will surely help u out..
how long is ur visa valid? .. if they say no to BE u can stay here till ur last date of visa.. but u have to pay for health insurance if u stay here in germany..
i.e. without having BE
1. if u expect arbeitlosgeld u shld go back immediately..
2. if u say u dont want such benefits .. u can stay here till the last date of ur visa provided u pay ur medical insurance
TRUST7 Members please help him.. the info which i gave may be less.. please give this guy how to tackle this problem..
karthik82
Usuario desde 01/09/2008
Creado 30/03/2009 11:17
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
Hi Karthik,
Thank you very much for the information, it has been realy very useful and energatic.
Well, my visa expires on 15th May 2009. Moreover, my wife has come from India last month and her visa expires on 27th April. Hence, AB has given me a deadline till 27th April. I have to find a job by that time.
Currently I am not getting any money from Arbeitsamt. It means I do nto have any health insurance. So, could you please guide me on some cheapest health insurance as well?
Thank you very much.
Hardik
hardik
Usuario desde 28/03/2009
Creado 30/03/2009 11:27
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
hi,
sorry.. i donno abt which insurance company is cheap.. u can ask ur present insurance company abt how much u shld pay..
i wish u good luck for ur job search.. hopefully u will find soon.. please fight for ur rights..
karthik.
karthik82
Usuario desde 01/09/2008
Creado 30/03/2009 12:14
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
It is a tricky situation. Technically speaking, though you have lost your job, in the eyes of the AA you are not “arbeitslos” as defined by the law. The reason is that your work permit limits you to a single employer and with that status you cannot take up any work, a requirement for being legally deemed to be "arbeitslos". To prove to the AA that your are available on the job market despite your current work permit status, I suggest getting the statement of the AA in writing that you will get the desired work permit on being offered a job. At this stage "arbeitslosengeld" will be of secondary concern to you.
The prime issue will be that the AA has now limited your residence permit as you have lost the job.
As a lawyer I suggest to go one step back while looking for a new job and reexamine what brought you to that point: You have been hired and rehired on a temporary contract. The rehiring on a temporary contract by the same employer for whom you worked previously needs special justification under the law. Check your contract whether a reason has been stated. The reason for having limited the contract in time, however, does not need to be explicitly stated; the reason simply has to be there. If you suspect there has been no good reason why the contract should have been limited in the first place, you can challenge the temporary basis of your contract in court, but will have to do so within three weeks after it formally ended.
Rechtsanwalt_Jain@yahoo.de
vakalat
Usuario desde 21/11/2007
Creado 30/03/2009 12:30
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
@Hardik,
Just ask AA where it is written that it is necessary to have a company independent visa to claim ALG. Dont be afraid and ask them to show the relevant section. ALG is just an insurance and is available for anyone who has paid into the system and cant be restricted on the basis of the company name in the visa.
In the mean time print out this particular section of the law
http://www.aufenth....de/beschverfv.html#9
write a letter asking the ABH to remove the company name from your visa. Dont take no for an answer and if they refuse to take your written application ask them to give it in writing on which basis they are rejecting. If they said no, ask to speak with the boss. Be brave as you got nothing to lose. It would be a miracle if you can find a job in another 27 days.
raj
Usuario desde 27/01/2004
Creado 30/03/2009 12:33
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
in the present situation, i dont think health insurance is important. There are other big issues for you to deal with now.
raj
Usuario desde 27/01/2004
Creado 30/03/2009 12:40
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
hardik,
i was abt to give the link which raj gave u.. thanks raj..
the rule §9 says that u shld have paid insurance for last 2 years.. n u did that.. so u can ask Arbeitsamt to remove ur company name from ur visa.. do that.. n u r automatically eligible for ALG..
karthik.
karthik82
Usuario desde 01/09/2008
Creado 30/03/2009 14:48
Re: Stuck between Auslaenderbehoerd and Arbeitsagentur
Whatever duration of the visa you have, ask AA to change the current duration of the visa to B.E since you have worked here for more than 2 years.
If they say no, ask the reasons in writing.
Speak with confidence to the beamter/in. Whenever a no is given, ask the reasons for that.
The link provided by Raj clearly states that you should get BE.
Dont forget. Arbeitslosgeld is a type of insurance. You are just getting back from the system, in which you have paid into. Its simply your right.
All the best.
prabath
Usuario desde 13/03/2005
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