6 month job seeking visa questions

4 posts in this topic

I'll be applying for the 6 month job seeking visa myself and had a couple questions in case anyone could help - thanks in advanced! If you could answer either (or both) of these that'd be super helpful thanks :D

 

QUESTION 1:

 

I need to make an appointment to get it, and though my USA tourist visa expires in

February, there were not any appointment slots open until March 2019, BUT as long as I attend my appointment, and do not leave Germany after it expires in February, I will be OK.
 
Still, I am a little nervous since it still means my US tourist visa will be expired for roughly 1 month before my appointment! I'm understanding this correctly, right?
 
 
* If, when booking your appointment, your residence permit or national visa (type of visa: D) has not yet expired, the residence permit or national visa will be considered as continuing in Germany at least until the appointment scheduled today. This also applies to all conditions stipulated on your residence permit or national visa, including the regulations pertaining to gainful employment. Please be aware that this will only apply, if you attend the booked appointment!
Travelling abroad is only possible within the validity of your last residence permit.
 
QUESTION 2:
 
I checked this page https://service.berlin.de/dienstleistung/324661/en/ but I am confused regarding this section:
 
"Possession of a residence permit that allows pursuit of an economic activity (only in the case of previous residency) 
In the case of foreigners already resident in the Federal territory with another residence permit, this permit must have been issued for an occupation or self-employed activity (sections 18 - 21 of Residence Act).
Generally a residence permit for another purpose of residence cannot be issued during a stay for study purposes or family reasons, for example."
 
Here is my question: since I had a Freelance English Teaching permit in Hamburg (expired several years ago), does this mean I am now not eligible to apply for the job seeking permit? I currently do not hold any other visa or permit except for the tourist visa (US citizen).
 
Thanks so much for any advice you can give!!
 
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8 hours ago, lehrer41 said:

1. I'm understanding this correctly, right?

 

8 hours ago, lehrer41 said:

2.Here is my question: since I had a Freelance English Teaching permit in Hamburg (expired several years ago), does this mean I am now not eligible to apply for the job seeking permit?

 

QUESTION 1. & QUESTION 2.

No!

 

 

2B

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2 hours ago, lehrer41 said:

Thanks for the quick response - would there be any way you can elaborate? :)

 

If you are in Berlin Neukölln, (as you have stated in another thread this evening) please go to your TT profile settings and update your location. This is important since, sometimes critical, information TTers provide in response is usually based upon the enquirers' location and yours shows Hamburg.

 

A large part of any elaboration I might have included would thus have been based on the (apparently false) fact that you were in Hamburg and, (since the administratation, interpretation, application and enforcement of the federal acts and ordnances relevant to visas and permits are delegated to the Länder), the info posted by the ABH of the Stadt Berlin on their website is of no interest or relevance to personell of the ABH in Hamburg.

 

In any case your interpretation of both the quotations you posted was, IMHO, incorrect on several points.

 

On Samstag, 22. Dezember 2018, lehrer41 said:

If, when booking your appointment, your residence permit or national visa (type of visa: D) has not yet expired, the residence permit or national visa will be considered as continuing in Germany at least until the appointment scheduled today. This also applies to all conditions stipulated on your residence permit or national visa, including the regulations pertaining to gainful employment.

 

This applies only to those who already do have a valid residence permit or national (type D) visa. You already said you do not have either when you referred to the fact that...

 

On Samstag, 22. Dezember 2018, lehrer41 said:

my USA tourist visa expires in February

 

... which is a Schengen visa with a limited 90 day validity within any 180 day period. Schengen visas cannot simply be extended for 6 months (except under very rare and exceptional circumstances or) or be converted to a 'job seeking visa' from inside Germany.

 

On Samstag, 22. Dezember 2018, lehrer41 said:

Here is my question: since I had a Freelance English Teaching permit in Hamburg (expired several years ago), does this mean I am now not eligible to apply for the job seeking permit?

 

The text you quoted does not neccessarily in and of itself exclude you on the grounds you mention.

 

However, without knowing under which Section of the AufenthG and/or AufenthV your previous permit/visa was issued, when it expired or became void due to your having deregistered and departed from Germany, how long you were resident in Germany under that permit and whether or not you already had your non-German academic qualifications evaluated by the ZAB, etc., etc., I wouldn't care to hazard a guess as to your chances of approval by any route.

 

That said I doubt the route you are betting on is even open to you. 

 

FYI; even the Berlin ABH page you quoted from references § 18c Aufenthaltsgesetz - AufenthG as their legal basis

 

Quote

Section 18c
Temporary residence permit for qualified skilled workers seeking employment

(1) A foreigner with a German or a foreign higher education qualification which is recognised or otherwise comparable to a German higher education qualification and whose subsistence is secure may be granted a temporary residence permit for the purpose of seeking a job commensurate with this qualification for a period of up to six months. The residence permit shall not entitle the holder to pursue an economic activity.

(2) The temporary residence permit may not be extended beyond the maximum period mentioned in subsection 1. A temporary residence permit pursuant to subsection 1 may only be issued anew if the foreigner, after leaving Germany, stayed abroad for at least as long as he stayed in the federal territory on the basis of a residence title pursuant to subsection 1.

(3) Subsection 1 shall apply to foreigners already residing in the federal territory only if they possessed a residence title for the purpose of employment immediately before they were granted a temporary residence permit pursuant to subsection 1.

Italics and bold added for emphasis!

 

I would suggest that, before attending any appointment with the ABH, you familiarize yourself with Sections 6 - 11 at a minimum.

 

Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory Residence Act

 

It might also help you if you had some idea where to find the many cross-references to the ordnances in AufenthV - Index (only in German)  not to mention the multiple social code requirements in SGB 4 - Social Code 4: (Common Regulations for Social Insurance) Index (German)  SGB 4 - (Common Regs Social Ins) § 7 Beschäftigung (Occupations - legal definitions wrt social insurance)  SGB 5 - (regulates Health Insurance etc. i.e. Krankenversicherung)  SGB 5 - § 5 Versicherungspflicht

 

ETA: Please read this Toytown wiki article too...

Applying to live long term in Germany after you have arrived here

 

Good luck!

 

2B

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