jonnypp

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About jonnypp

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  • Location Berlin
  • Nationality Canada
  1. Discontinuous Employment for Niederlassungserlaubnis (Permanent Residence)?   Hi, I am wondering if discontinuous employment has an impact on NE, for example:   Period 1: Job 1: 13 months, then took Job 2, but there was a 1 month period in between without employment Period 2: 1 month on fiktionsbescheinigung Period 3: Job 1: 47 months, then took Job 2, but there was a 1 month period in between without employment   Here, we can see that in a 61 month period, there were 60 months (5 years) of employment (but non-continuous), and of course pension payments. Does this meet the eligibility?   Another example:   Period 1: Job 1: 13 months, then took Job 2, but there was a 1 month period in between without employment Period 2: 1 month on fiktionsbescheinigung Period 3: Job 2: 12 months, then got a blue card for same job, and learned B1 language skills Period 4: Job 3: 21 months on a Blue Card   Here, we have a total of 47 months, where there were 46 months of work, but of course 21 on the final blue card (continuous employment). Does this meet eligbility? (In this case I am much more confident due to the 21 continuous months -- but my question is simple: do fiktionsbescheinigungs IN BETWEEN employment periods (which total to 60 months / 5 years) have an impact in eligibility?
  2.   Yes, I have a c/o address with a name of a residential housing complex, example "c/o Housing Company 1".   The reason I have that there is dead clear: The housing company manages mail (I am at work when shipments of packages come - and this usually happens during business hours). In this country, they don't seem to have the concept of simply delivering a notice, and letting the recipient take the notice to a local facility for pickup. This pathetic game of hoping that someone will be there to pick it up is what is played here.    Basically, I have that there so that they ensure they give it to a receptionist (who gathers mail for many people living there). However, this is the first time it has got me into a situation where they think I am a business (most likely a member of the residential housing company itself).   They did reply and wanted a decaration / erklärung with my personal address. I provided it and also provided the residential housing company's info so that they can contact them to confirm that I am NOT an employee there, but a resident.   What about import duties? I recall paying the 19% to the vendor-USA, which was itemized as foreign duties. I'm gussing I'll have to pay that again (and then get it refunded by the vendor-USA). Or is it different?
  3.   The vendor (something large like Ebay) wrote on the declaration card "direct consumer", which was also part of the attachments that DHL sent me, so they must know I am a consumer.   They want a "Auftrag zur Abfertigung" (which also contains a field for EORI - entire form is in German by the way), and 2 checkbox-like items:   [ ] VERZOLLUNG (zum freien Verkehr) Kostenfrei bis 3 Warentarifpositionen   [ ] T1 VERSANDVERFAHREN Kostenpflichtig, 45 € zzgl. MwSt. pro Sendung   I am speculating that they want the form filled out with one of those two selected, however I have no clue what to do (even when I translate these words, there isn't any clear logical patten that I feel satisfied about).   Ok, I will simply contact DHL and ask them. They also had a text (in high emphasis color) that in 5 days it will be returned to sender, and in 4 days, storage fees might apply (regardless of whether or not I meet the above deadline).   Can you imagine what an average person in Germany who orders a basic consumer electronic from any other country would go through with such a situation? I was at work and received this entire email today and was completely lost as to how to address it, ruined my whole day.
  4. Hi, I ordered a computer online ($500 with shipping) - from US.   I received an email from DHL, they require my EORI Number (and to register for it if I don't have one) for Zoll.   The first point (before reading the large text I was sent) I am confused about is, since I am an individual purchasing something for my own use, why would I need an EORI Number?   It also says that the item will be sent back if I do not complete all of this. How do you guys deal with this? I have had international shipments before, however this did not happen.
  5. Job contract ending in few days - no extension (yet)

      Thanks, yes it is probably nothing to worry about.   As for a fiktionsbescheinigung, particularly as it relates to switching jobs, do they allow you to reside and travel anywhere in the country? (for example, if I get a fiktionsbescheinigung in my city, for the few days after my current job contract ends, and I travel to another city in the country, will I be ok? or is the fiktionsbescheinigung limited to residing in a given city (like what I have heard asylum permits are like)).   In other words, I am hoping that a fiktionsbescheinigung does not limit me to "residing lawfully, in the same city as my ABH", when the other job will likely be in another city and there will be travel needed for sure.
  6. Job contract ending in few days - no extension (yet)

      ABH says all is good to keep the Aufenthaltstitel, but have to get a fiktionsbescheinigung towards end of latest contract.   That being said, they said since the new contract is "for the same job as the original BFA approval", I'm good to not have the Aufenthaltstitel shortened to match new contract.   However I noticed a slight oddity, the new contract actually has a bit of a different title, it doesn't have the same identifier. Ex: "senior software developer" vs new contract"software developer". An issue there? Getting a new job contract over this would be very petty and I'd rather avoid it. Will it be issue in future? (I.e. worked for slightly different title)?
  7. Job contract ending in few days - no extension (yet)

      In that case, for a brand new job in DE, should I get the offer (contingent on a BfA approval for Aufenthaltstitel i.e. work visa of 2-3/whatever length), and the company gets the BfA approval letter for me, and THEN resign current job (according to my current temporary contract's Kündigungsfrist)? Or is it safe to simply resign here with the offer job offer (which seems silly...since both the employer and I know I can't work without a new Aufenthaltstitel, which requires BfA approval letter (takes 2-7 weeks to get it from what I recall - being on a Fiktionsbescheinigung without income for that long is not sensible to me).
  8. Job contract ending in few days - no extension (yet)

      Sorry, by job center I meant the local BfA office. ALG I not II or hartz.   Sounds good, as of now, I gotta still spend a few months here before my total worked time is 12 months, so the BfA instructions (they didn't speak English but I have some basic German) to come back 3 month before new contract end is good with me, and that I don't need to register for the soon to be expired contract.   As for Ausländerbehörde and my employer linked visa, must it be modified in length? It was issued alongside my unbefristet permanent initial contract last fall, and had about 2 years of validity left. Must I have this officially shortened to new contract end date, with further stipulation to come in a month or so before the shortened Aufenthaltstitel expires (for renewal or Fiktionsbescheinigung if new contract not awarded and I have no other job offer)? Or, is it still valid for the 2+ remaining years (since I'm still employed), and I must only come in for Fiktionsbescheinigung a month before latest contract expires (and NOT to have the Aufenthaltstitel shortened to match contract length)?
  9. Job contract ending in few days - no extension (yet)

    Update, went to job center, and since I now have a new contract for rest of the year, the requirement to register as arbeitsuchend within the current contract (which I was given 3 months ago, and I didn't register since I was both expecting new contract, and, wouldn't even qualify for ALG anyway, but I recognize my obligation) that is expiring this week, is not a problem.   As for the requirement to register as arbeitsuchend for the contract for rest of the year, they basically said I'm good for now and come back 3 months before it ends.   Am I ok?   What about my Aufenthaltstitel and Arbeitsverhältnis? It's basically in a single residence permit linked to this one employer. Any issues there? Health insurance told me they will reinstate me (as they set me to de register as of end of current contract) once employer notifies them through payroll (mid July). Ok here too?   Also, if I get another job, other than an offer, I understand I'll need a letter from the BfA, how simple is switching to another Aufenthaltstitel permit with both of those things in hand? Do people usually resign their existing job first (since there's a gap of time to get the BfA approval, and to be conservative)?
  10. Job contract ending in few days - no extension (yet)

      Currently my valid contract is the one for end June, which requires me to notify them but I didn't since I only worked less than 12 months and didn't qualify for ALG, and wouldn't want to stay here to collect it either (I was going to go home country asap).   Now that I have a new contract for December, which also has the clause to notify the agency of my December end date, I am planning to go there asap.   Either way, will being a few months late from notifying them that my contract is ending be a problem? Will having a new contract (ending December, and where I will also declare that as the new ending date) help my case?   Overall, am I gonna have any issues? Particularly with regards to changing jobs and anything important in the future. I will take all contracts with me.
  11. Job contract ending in few days - no extension (yet)

    Quick question: does going to bundesagentur für arbeit require an appointment, or is it walk-in? Should I simply schedule to be there an hour or so before opening hours (similar to Ausländerbehörde where people line up earlier and are dealt with on a first-come first-serve basis)?
  12. Job contract ending in few days - no extension (yet)

      That is right, however, I did not go to the job center since the contract also said that 1 month before contract expiry, a new opportunity might will be available to enter a new contract. The new contract also requires me to register as unemployed (as of the final - future(not immediate)) at the end date of that contract, which I will do.   Is that ok? I did not go there yet for the first contract ending June (still valid few days), but will go there with the new contract (ending December), because technically, with the new contract, I am not unemployed end of June, but end of December, as my employment is now continuous.   Please let me know. Either way, I will be going to job center asap with both contracts to explain everything to them.
  13. Job contract ending in few days - no extension (yet)

      I have asked my manager (in the most strategic and calm way possible -- I am naturally a very impulsive and impatient person, but have been practicing putting on a mask of civility for a few years now -- so that I can be better equipped for the future (when I find a job that I actually care about)). He just passed the buck to HR, who passed the buck back to him, and now its been passed to another HR person (since the one I signed the contract (pending management (a company of under 100 people - small) signature) with this week - 1 month later than promissed is not at office rest of the week). If that other HR person doesn't have it, I will talk to my manager for the (probably 10th time in a month), and be a bit more aggressive (mention my apartment and various factors indicating my vulnerability in this pitiful situation).   However, the real elephant in the room is management, a few dudes have to sign it, and they are the same ones who signed the contract that has an end date in June. My manager will have to convince them to sign it probably (he "requested the new contract" for me a month ago and it took this long to get to stage where they finally wrote it up (its a standard template with minor changes like date and another minor 2-line section), printed it out and had me sign it -- but now they have to sign it and give me my copy).   Not a programmer. And as to why my performance is poor, it is even more inane (hint: they hired me without a proper assessment of their business needs - and me being in search for new/different opportunities abroad, was willing to gamble). Only problem is this 1 month of being neglected while being dragged in the mud (not intentionally - they are quite busy with their lives, they don't have the energy to torment some non EU foreigner who doesn't even speak the language). Just wanted to know what I can do for myself if I don't get the contract they promissed me (I want to teach them a lesson in basic business etiquette but will not be doing so -- I'm in search of opportunity for the future, not playing in the mud with pigs).
  14. Job contract ending in few days - no extension (yet)

      Yes, not aggressively (i.e. "give me the contract, you are overdue / I have worked more days than you are paying for / are you guys really going to tell me you aren't giving me the new contract (after telling me you would for a month), hence leading to me having to book a flight 3 days from now"), but I did, and I clearly told the HR person that this would require me to make arrangements to leave my apartment contract.   It is an IT company. The real issue now is that management has to sign the contract (I have signed a copy of it with HR, and even getting to that stage was almost a month later than the promissed date), and they are in all likelihood only being presented with it by HR (I hope they even gave it to management by now) on such short notice.
  15. Hello, I am currently in the oddest and most anxiety provoking situation imaginable. I am of course a non EU citizen who invested quite a bit of time and money to come.   My probzeit was not going well, so they cancelled my original ("permanent") contract, and gave me a new one (with an end date a bit further out, which is basically in a few days). This "new contract" also said that by a certain date (about a month ago), I would be notified if the chance to stay in the company (on a second new contract) would be possible.   At that date (1 month ago), I was told that I would be getting another contract (a temporary one, albeit still for several more months to prove myself). Now, the previous contract required me to take my remaining (large amount) of accrued vacation, and notify bundesagentur für arbeit and also have my visa updated to a fiktionsbescheinigung.   However, they have NOT given me the new contract yet (almost 1 month after their own contractual deadline to do so), despite telling me "its coming" atleast twice a week over the last month.   Technically, by their existing (soon to be expired) contract, I have already worked a few days "out of contract" (i.e. more than they paid for). I have not really done anything aggressive here (even though I feel very anxious -- I wanted to either exit with a decent notice period, or have a new contract well before my insurance got scheduled for cancellation (already has been 2 weeks ago)).   There are literally a few days left before I would have no right to live in the country, yet the supposed new contract has not been signed by management yet. What do you guys suggest I do, in the event that I do NOT receive the contract this week, do I have any legal remedy here (for their non-delivery of new contract, despite verbal and contractual promises)? I still have almost 2 extra weeks of vacation time that I can't even take due to not having an employment contract from July onward.