Negative experience with Ausländerbehörde

39 posts in this topic

A certain incident last night had me shaking my head in genuine disbelief and now presses me to write the post as a warning to any expats who have trouble with the Ausländerbehörde.

 

Last night I finished working a late shift and was walking on my way home and talking with someone on my handy. As I hung up, some guy waved me over and asked if I was American, as he noted I was speaking English. I confirmed I was, and he told me that he himself was American, and then proceeded to tell me a horrifying story of how he was up all night unable to sleep because he had just gotten an order from the Ausländerbehörde to leave Germany due to his failure to maintain consistent employment. At first, I didn't necessarily sympathize with him (it should be common sense that they don't want foreigners coming over and hopping onto the German welfare system) but what had me dropping my jaw is when he said, "I have a 6 month old daughter with my German girlfriend I'm now being forced to leave behind, and she's going to grow up never knowing me."

 

I asked him if the Ausländerbehörde knew that he had a child who was half German--he said he specifically told his case worker that, but she told him flatly that was his problem and he should have thought about all of that beforehand. He asked me if I knew of anything he could do to stop the nightmare--I told him to go home, get a good night's sleep, and in the morning call an immigration lawyer...who would tell him that YOU CAN'T DEPORT AN IMMIGRANT WHO IS EITHER MARRIED OR HAS CHILDREN WITH A GERMAN CITIZEN! If push would come to shove, he could hire that lawyer for a mere €500 to put these people in their place.

 

This reminds of a couple of incidents I myself had with the Ausländerbehörde. Not long ago, my aufenthaltstitel was expiring and I applied for a renewal. I had since moved from the city where my original one had been issued, and therefore the office needed the files from that city. They took well over a month to send them--meanwhile, my aufenthaltstitel then expired, which forced my employer to temporarily suspend my employment until I had a new permit. I asked the Ausländerbehörde if I could have at least a work permit while I waited for my case to be resolved; she told me there wasn't any such existing thing. What she didn't tell me was that I could have requested something called a Fiktionsbescheinigung that would have allowed me to continue to work up to 6 months--I had to find that out by searching over the Toytown topics.

 

Later on, I myself received an order to leave Germany because I had been married less than the required amount of time to be able to permanently stay in Germany. It was only after hiring an immigration lawyer that I found out that as long as I maintained employment full time and supported myself (which I had been doing and even provided proof of that to the Ausländerbehörde), I could stay on a work visa. Do you think the Ausländerbehörde would have told me about THAT option? Psssh...

 

The bottom line: The Ausländerbehörde is NOT your friend, and their purpose is to keep out as many immigrants as they see fit. These people are well aware that most expats and immigrants are completely unaware of their rights and will use that to their advantage. The best advice I would to give anyone who finds themselves in an unnecessary plight such as that of the aforementioned person: Any HINT of trouble with the Ausländerbehörde, call a lawyer immediately. Contrary to what some people might believe about having to come up with thousands of Euros to hire a lawyer, their fees are regulated by German law and they do not charge any phenomenal amount (it costed me a mere €500 to get resolve me deportation order).

 

But don't let these people bully you. They can and will if you let them. Unfrickinbelievable...

2

Share this post


Link to post
Share on other sites

Ah, I think your expectations might be a bit high; the Germans seem to think that foreigners are capable of taking care of themselves. The visa office people tend to make the assumption that if you're here in Germany, you've learned all their rules. The problem is that the Germans have soooooo many rules!

 

I'm a US citizen, and I've been working here for 3.5 years at a research university in Dresden. My case worker in the Visa office was always very annoyed with the university for always giving me very short working contracts. This made it hard for her to keep all my files up to date, as I would have to go in every 3 months and re-do all the paperwork. The universities and the visa offices in Germany really do not have the same relationship that the States has, where the university can just order up a visa for a qualified foreign worker.

 

But, they didn't kick me out of the country when I failed to register as unemployed--- I didn't know you had to! In fact, they've done everything they can to get me my arbitelosengeld, and I have permission to seek a new job here in Germany. (I've leaving, the employment situation at this particular Germany university is untenable and I refuse to have anything more to do their silly little hierarchies and meetings. I've applied for assistant professorships in chemistry back in the USA; I want to see if I can steal all these lovely Germany PhD students from their professor doctors and get them into a US graduate program. USA students are too lazy, I love these German Diplom kids. Don't know about the German PhD though, it seems to really vary in quality.)

1

Share this post


Link to post
Share on other sites

Of course the Ausländerbehörde is not your friend. Sheesh. Have you ever tried getting residency in any other random country as a foreigner? Try just moving to the states as a European for fun. I've heard that's all shits and giggles. :rolleyes:

They have a job to do and it's not holding confused foreigners' hands to get them through the system.

2

Share this post


Link to post
Share on other sites

My experience has been that it depend completely on who you are dealing with in the office.

 

I have gone through this in Köln, Frankfurt and Mannheim. In Köln, I had a German friend with me, it was amazing what absolute asses they were. In Frankfurt, again with a German friend they very business like. Not overtly friendly or overtly rude. In Mannheim I went alone. Everyone was very friendly and took extra time to make sure that I understood everything and got everything right.

1

Share this post


Link to post
Share on other sites

 

A certain incident last night had me shaking my head in genuine disbelief and now presses me to write the post as a warning to any expats who have trouble with the Ausländerbehörde.

 

Last night I finished working a late shift and was walking on my way home and talking with someone on my handy. As I hung up, some guy waved me over and asked if I was American, as he noted I was speaking English. I confirmed I was, and he told me that he himself was American, and then proceeded to tell me a horrifying story of how he was up all night unable to sleep because he had just gotten an order from the Ausländerbehörde to leave Germany due to his failure to maintain consistent employment. At first, I didn't necessarily sympathize with him (it should be common sense that they don't want foreigners coming over and hopping onto the German welfare system) but what had me dropping my jaw is when he said, "I have a 6 month old daughter with my German girlfriend I'm now being forced to leave behind, and she's going to grow up never knowing me."

 

He is probably not married and not on the birth certificate...

 

Or they simply overlooked the child, when sending out the notice...

 

He should simply file a Widerspruch.

3

Share this post


Link to post
Share on other sites

Why is this surprising? A Germany embassy employee in a European capital told my wife that their job is to *prevent* immigration.

3

Share this post


Link to post
Share on other sites

So, today I went to the Auslanderbehörde with all my forms and my German boyfriend...

 

I am originally from Canada and currently live in a really small town called Bretten near Karlsruhe. The only reason why I am posting in the Berlin forum is because I figured there's more English speaking people living in Germany there. Because I live in such a small town, there's no waiting line or a number system :D ... but there's pretty much NO ONE from any English foreign country that lives here other than me!!!

 

The lady at the office had a misunderstanding at what I want to apply for. She thought I wanted to start a business even though I kept reminding her that I want to teach English for different language schools and it will be contract jobs...

 

It took a long time of arguing in different langauges and I finally got her to understand what visa I want as I asked my German boyfriend to explain in German that teaching English is part of artist visa AND NOT a regular work visa AND DEFINITELY NOT STARTING A BUSINESS CREATING at least 5 JOBS for people...

 

The confused lady said in German 'no. I can't give the freelance visa to her. Her tourist visa will expire on July 11. It will take 1.5 - 2 months to process the freelance visa. By then, her tourist visa will be expired'

 

I asked her if she can extend my tourist visa and she said 'no. not possible. She came here visa free because she is Canadian'. I read that you can extend your stay in Germany if you have a certain reason. Isn't trying to get a freelance visa a good reason enough for her to extend my stay for 15 more days??

 

She told me to sign up for a German course and then she can give me 1 year study visa.... Again, I reminded her I only wanted to do freelance work from now until the end of December, then I will leave for Canada.

 

Also, she said since this year, the regulation for all the different visas changed. Now, to get or renew your visa (whatever visa), you have to pay 100 Euros because it will be electronic card.

 

Any thoughts on this?? Am I demanding too much or is the office lady confused or don't know her stuff??? Should I go to another Auslanderbehörde in a bigger city and ask????

 

[adminmerge](/adminmerge]

0

Share this post


Link to post
Share on other sites

 

Isn't trying to get a freelance visa a good reason enough for her to extend my stay for 15 more days??

I think she could have offered you a Fiktionsbescheinigung that would allow you to stay in the country until your freelance visa was processed.

 

 

She told me to sign up for a German course and then she can give me 1 year study visa....

You couldn't work on a language learning visa anyway.

 

 

 

 

Now, to get or renew your visa (whatever visa), you have to pay 100 Euros because it will be electronic card.

That's true. See this thread Aufenthaltstitel electronic residence permit (eAT) - Card format for non-EU nationals, from 1 Sept 2011

3

Share this post


Link to post
Share on other sites

Actually, it sounds like all three of you were confused. Maybe you *are* the only English-speaking foreigner for miles, although I sincerely doubt it. Maybe the woman that dealt with you at the Ausländerbehörde was particularly obtuse. However, your German-speaking BF should surely have been able to break things down into words of not more than two syllables for her, if there was a misunderstanding on her part.

 

I suggest you read this Wiki page on permits and use the search function. There are sooo many threads on issues concerning permits/visas and how to get them, that I'm sure you will find answers to your questions if you take the time to do a bit of research.

 

Then prepare well, line up your facts and arguments, and go back to the Ausländerbehörde. It won't help to go to another Ausländerbehörde, because they'll send you back to the one you "belong" to by dint of living where you do.

2

Share this post


Link to post
Share on other sites

It's not 100 euros. I got the eVAT in January, I seem to remember it being closer to 30 euros.

 

By the way, it doesn't matter if you live in an area with lots of English speakers or not. I was at the Ausländerbehörde in Berlin twice and dealt with at least four separate people. Despite my lack of German at the time, not one of them spoke a word of English to me. Whether or not they can speak English doesn't matter, it's the general attitude there. My German teacher, when I told her in my pathetic German about my experiences there, rolled her eyes and simply said that is just how people in "those offices" always are. I've dealt with enough bureaucracy in the U.S. and China to know exactly what she's talking about. Some things don't change between countries.

1

Share this post


Link to post
Share on other sites

I think it also veries per city I paid 140 or so in Emmendingen and I am married to a German. The feckers also charged and additional 20 euro for a fiktionsbeschinigung, both used to be free.

0

Share this post


Link to post
Share on other sites

Yep, according to that fee list a regular Niederlassungserlaubnis now costs €135 when you first apply and then when your passport runs out and you apply for a new card they bring it down to €30 because they're basically just transfering the data they already have on hand. Maybe the €30 also applies if you had an NE before they switched to the card system. I won't find out until 2016.

0

Share this post


Link to post
Share on other sites

Well thank God for that. I have 8 years of nor worries. Maybe if I am lucky next time wont take 9 months.

0

Share this post


Link to post
Share on other sites

Their demeanor is directly related to how much tax you pay to "Vaterstaat". If you pay a lot of tax the Ausländeramt will bend over to kiss your ass. If you're a drain on their system....then not so much.

0

Share this post


Link to post
Share on other sites

 

It took a long time of arguing in different langauges and I finally got her to understand what visa I want as I asked my German boyfriend to explain in German that teaching English is part of artist visa AND NOT a regular work visa AND DEFINITELY NOT STARTING A BUSINESS CREATING at least 5 JOBS for people...

 

I have to agree, I think you were all confused.

 

There is no such thing as an "artist visa" (although very often foreingers use the term) and working freelance is in the same category as starting a business. Normally foreigners wanting to be self-employed need to apply for a permit under §21 (and currently the business is still supposed to create jobs, etc.), however, there are relaxed requirements for working as a freelancer (§21 Abs. 5).

2

Share this post


Link to post
Share on other sites

Ah, I did not know the fee structure varied so much! I fall under "Aufenthaltskarte" (with the right to work, however) so I guess that's why mine was so low.

0

Share this post


Link to post
Share on other sites

I shall bring a piece of paper saying I registered for some German course next week when I see the lady from the Auslanderborhe. The language school will give that paper to you whether you paid or not so you can fill in your details. Last time I forgot my passport, the lady just gave me the photocopied version to take home. I never ended up going back there as I placed travelling above learning German.

0

Share this post


Link to post
Share on other sites

Hallo there!

 

Not sure if this post will still be active after 2.5 years since the last reply but here goes my bit of venting...

 

The Amt is question is the Ausländerangelegeheiten of Stadt-Köln and the issue is regarding my application for long-term visa in order to work as a home-based freelance medical writer out of Cologne. Since I am a non-EU, non-buddy country passport holder, I made the application from the German Consulate overseas...about 5 months ago.

 

Now I am a science professional, with a 15 year research experience in various countries (including Germany) and a 4 year writing experience. I did live in Cologne from 2011-2014 as a researcher on a EU project (on a pittance called fellowship), integrated wonderfully, went as high as A2.1 in Deutsch Sprachkurs at the VHS (despite German not being essential for my profession, just out of love for languages and to communicate better with the locals), ran a couple of charity events for breast cancer awareness that donated to BrustKrebs Deutschland e.V., was a member of a sporting club that promoted cricket in NRW, etc, etc. When I decided to go freelance last summer, I had positive feedback from a few acquaintances who are also fellow members of the European Medical Writers Association. And then I signed non-disclosure agreements with 2 clients - big pharma based in Germany. Of course, I have a place to operate out of in Cologne, am familiar with the German system (as much as one could ever aspire to) as well as finances to support in case business is slow. And so, with all these wonderful things going for me, I mistakenly assumed that when I applied for the visa as prescribed by the website of Stadt Koeln, I'd be considered a hot ticket.

 

I made the application on Oct 13 last year at the Consulate and know for a fact that the Ausländeramt in Cologne received the paper packet by Oct 20. I also know that till Dec 4 they sat on it i.e. didn't process it (unless there is a 7-week incubation period for applications to properly hatch). In the meantime, given the lack of feedback, I had a friend call the Amt who was told that they'll get back when done. Around mid-Dec, I asked an acquaintance who worked for the Bundesagentur für Arbeit if she could help. She checked and told me that my case in not with the BA or the ZAV, nationwide. She also added that it wouldn't be since I am looking for a freelance visa as a professional instead of being employed by a German company. She then talked to the Wise but not Nice lady at the Amt who said that all was in order with my application but they were awaiting a Stellungnahme from the Industrie- und Handelskammer. And for the first time, the lady at the Amt wrote to me asking a wee bit about my job which I provided in a trice...auf Deutsch. Hoping to make it in time for Weihnachtsmarkt and some Glühwein, I had my friend call a few days later only to be told "waiting for Stellungnahme". I followed up with the IHK who informed me that they had already provided their input (which being they can't give a Stellungnahme since mine is a professional and not commercial activity). Back to square one. In the meantime, my case worker proceeded on a Christmas break...till Feb 7. But my friend was told that someone else will be handling it in her absence. So Christmas and NYE pass on, a miserable one for me, understandably. However, I presumed that the response from the IHK will have reached the Amt right after the break but alas. A call made a week after the Amt opened was again dealt with by a new person, with an impressive rudeness, whose line was again "waiting for the Stellungflippingnahme". So yet another massive confusion...why wait for something that won't be given? So I waited for another couple weeks before emailing the Amt, forwarding them the replies from the IHK, etc, asking what the prob was (in as polite a language as has been known). I also had my friend call them again (since there wasn't a reply to my email, there never has been). Finally, Fr. Rude wrote to me telling me that it could take another two months and the process can't be sped up by having my friends call them. She also added that the IHK is not the only place they want a Stellungbloodynahme from. This had me stumped because they went back on their earlier stand. Where else could they want the blighted thing from? Not the Arbeitsamt or the ZAV (since I am not competing with the labour market). Ultimately, I wrote them a last email, a stellar example of arsekissery, asking for their 'help' in my situation since such a long time had already elapsed.

 

Today, almost 5 months later, my ordeal is yet to be over. I may've presented my case factually and with an attempt at humour but in reality, it has been a turmoil I never experienced in my life. Neither have I been treated thusly by the bureaucracies of countries I have lived previously. My sad conclusion is, these inept folks of the Ausblunderamt don't have a clue how to deal with these applications but are too obtuse to accept it. And worse, they don't care...

7

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now