§31Abs.1,2,4 AufenthG, Erwerbstätigkeit gestattet - Germany

hi. i just renewed my visa and need help in finding out what i am entitled to. i know it sounds dumb, but i was somewhat not expecting to get any visa so did not want to ask questions to jeopardize my situation any further... really appreciate if anyone can help...

so it is printed on my aufenthaltserlaubnis, "§31Abs.1,2,4 AufenthG, Erwerbstätigkeit gestattet". what am i entitled to? like, am i stuck with my current employer, or am i allowed to change a job without applying for another visa? or, am i allowed to be self employed, or arbeitslos?

thank you for your help in advance,

potato

Don't worry! Be happy! that should be good news for you!

Did you just separate from your spouse or did you live in Germany for more than 2 years with your spouse legally? thats what section 31 of the residence act is all about as far as i can remember{ independent right of residence of spouses}. And by the way "Erwerbstätigkeit gestattet" means you are allowed to work " self-employment or be employed by a company or in simple terms, allowed to earn legally "

Melf

hi melf,

thanks!!! yeah, i was married with my german spouse for a bit over 3 years, have been separated for over a year now, and going through a divorce which should be finalized in a few months (i'm hoping). i remember the immigration lady asking me if i was still not divorced, and i guess it did play some role there...

does anyone happen to know if there is any internet site describing in detail what all these mean, or, would i have to go to ausländersamt just to ask what my rights are?

thanks,

potato

As far as I know, This is an excerpt of the Residence Act, Section 31 . However, you can still go to the auslaendersamt - Paragraph 1, 2, 4 applies to you. But once more like I said earlier : You are allowed to work. so as long as you have a job, you can remain in Germany with your work/residence permit without a problem as your residence permit is not depending on your wife's one anymore.

<<Section 31
Independent right of residence of spouses
(1) In the event of termination of marital cohabitation, the spouse's residence permit shall be
extended by one year as an independent right of residence unrelated to the purpose of the
subsequent immigration of dependents if
1. marital cohabitation has lawfully existed in the Federal territory for at least two years or
2. the foreigner has died while marital cohabitation existed in the Federal territory
and the foreigner was in possession of a residence permit, settlement permit or EC long-term
residence permit up to this point in time, unless he or she was unable to apply for an extension in
due time for reasons beyond his or her control. Sentence 1 shall not be applicable if no extension
of the foreigner’s residence permit is permissible or if it is not permissible to issue the foreigner
with a residence permit or EC long-term residence permit because this is precluded by a rule of
law on account of the purpose of residence or by a subsidiary provision attaching to the residence
permit pursuant to Section 8 (2). The residence permit entitles the holder to pursue an economic
activity.
(2) The requirement stipulated in sub-section 1, sentence 1, no. 1 for marital cohabitation to have
existed lawfully for two years in the Federal territory shall be waived if necessary to enable the
spouse to continue his or her residence in order to avoid particular hardship, unless an extension
of the foreigner's residence permit is excluded. Particular hardship shall be deemed to apply if the
obligation to return to the country of origin resulting from the termination of marital cohabitation
threatens to substantially erode the foreigner's legitimate interests, or if the continuation of marital
cohabitation is unreasonable due to the erosion of the foreigner's legitimate interests; such
legitimate interests shall also include the wellbeing of a child living with the spouse as part of a
family unit. In order to avoid abuse, extension of the residence permit may be refused if the spouse
is reliant on benefits in accordance with Book Two or Book Twelve of the Social Code for reasons
for which he or she is responsible.
(3) By way of derogation from Section 9 (2), sentence 1, nos. 3, 5 and 6, the spouse shall also be
granted a settlement permit if the spouse's subsistence is safeguarded after the termination of
marital cohabitation by maintenance payments from the foreigner's own funds and the foreigner
possesses a settlement permit or an EC long-term residence permit.
(4) Without prejudice to sub-section 2, sentence 3, claiming benefits in accordance with Book Two
or Book Twelve of the Social Code shall not preclude extension of the residence permit. The
residence permit can thus be extended for a limited period for as long as the conditions for granting
of the residence permit or EC long-term residence permit have yet to be met. >>

Regards,

Melf

thanks again melf! you do not know how much your help means to me...

ah. but again, i guess i am dumb, i need help in translation just to be sure... (before quitting my current job that i have to do 60hrs/week )

"The residence permit entitles the holder to pursue an economic activity"= the holder is allowed to stay in germany regardless of whether s/he stays with the employer at the time of the application for the visa, and that the holder is allowed to change jobs, or to be self employed?

"The residence permit can thus be extended for a limited period for as long as the conditions for granting of the residence permit or EC long-term residence permit have yet to be met" = ???

i am not interested to claim any benefits, but just so i know... "Without prejudice to sub-section 2, sentence 3, claiming benefits in accordance with Book Two or Book Twelve of the Social Code shall not preclude extension of the residence permit" = the holder is entitled to claim unemployed benefits?

this current aufenthaltserlaubnis is for 2 years. is there anywhere written how it can be extended?

again, thanks so much for your help,
have a great day,

potato

I have a question about Erwerbstätigkeit gestattet. I have this on my residence permit and I have a job offer from a US based company to be a "Clinical Consultant" or a Stellvertreter. Do I need to fill out any more forms with the Auslaenderamt? Also it has been recommended that I get a Freizügikeitsbescheinigung. Do I need this to travel throughout the EU for work.

Thanks,
Avon

The Freizügigkeitsbescheinigung is an official document issued to citizens of EU/EEA member states confirming/proving their right to move freely, settle and work within the EU and EEA ...

Hi guys! I'm new to this forum. And since I cannot post new threads, I might as well use this since this is "somewhat" relevant. What's written on my aufenthaltserlaubnis's anmerkungen is: § 18 Abs. 4 Satz 1 AufenthG. Can anybody explain what's written there?

Also, I want to know my rights in traveling across EU borders. Since I only have a limited residence permit, some people say that I should first call the consulate of the country where I'm headed. Unfortunately, I tried doing that but they cannot speak English. For the meantime, I want to know what other people think based on experience. Also, what can I do if I'm not allowed to go to other EU countries? I'm not allowed to apply for a tourist visa, right?

fed,

AFAIK, section 18 of the residence act is related to your employment (residence title). It does not say anything about freedom of movement in EU. So if you have a legal resident permit - I don't see why you can't move freely in EU territories.

What do you mean by limited residence permit? Correct me if i am worng, the residence permit you possess required you to have had a vocational qualification or so , which means not all foreigners get § 18 Abs. 4 Satz 1 AufenthG written in their passports , hence Section 18.

Best is always to contact your local immigration office

melf

You probably are ... depending on the bilateral visa agreements between the Philippines and the countries you´re planning to visit

@Melf, thanks for the reply! Lots of sites are mentioning that the aufenthaltserlaubnis is a limited residence permit. I just don't know in what sense it is limited. So, I'm always thinking that it's limited in the sense of not being able to travel between EU nations. And yes, I have a master's degree in engineering and I'm doing academic research at the Uni Karlsruhe. Anyway, I'll give my 3-day Paris trip a try. I think it won't hurt trying.

@miwild, thanks for the reply. Yes, I am allowed to apply for a French tourist visa but does my German residence permit allow me? I read somewhere that if you have a visa that allows more than 3 months of stay in an EU country, you're not allowed to apply for a schengen visa. Please excuse my ignorance regarding this matter if I am misinformed.

I guess you're not allowed to live or work in a other countrys of the EU but you're probably allowed to visit them. But anyways, why don't you simply ask your immigration office?

thanks Gorgo! I'd probably just do that. I'll ask my landlord for the favor of calling them. Thanks everyone for your inputs!

Just go there!!!