Problem with Ausländerbehörde for acquiring a blue-card or Fiktionsbescheinigung even after submitting all documents

13 posts in this topic

Hello,

I have completed my studies and got a Job contract from a company in Stuttgart and I live in a small town called Oberboihingen, and I 

need to go to Ausländerbehörde situated in Nürtingen for all Visa related things. The company I should work for asked me to apply for a Blue-card,

which they say is the Visa that is needed for full-time employees in Germany. I have submitted my contract, the ex-matriculation I received from the University on October 15th and I got a letter on December 21st stating that I need to submit "Master Urkunde" from the University. By going back and forth with the University, I have finally submitted the "Master Urkunde" on 15th January. The people working in Ausländerbehörde told me that it would take up to 4 months for me to receive the blue-card. They said that I would be getting two letters and I should directly come and collect Blue-card after I receive the second letter. Since it is too long I requested them to issue me a temporary visa(Fiktionsbescheinigung), which is the idea that my friend gave, as he received the same, when he started working. I even showed the example Fiktionsbescheinigung that I received from my friend, just to avoid any further complications. 

 

The lady gave me an appointment on February 1st to come and collect the Fiktionsbescheinigung, but, I was surprised to see that the purpose mentioned on the back of the  Fiktionsbescheinigung states that I should do only Student jobs like(Internship, werkstudent etc). I asked them I am not a student anymore and that I would need a Fiktionsbeschinigung that I can use for full-time work. I even explained to her that I have submitted all the documents that are needed, and I have already submitted my work-contract as well.  She is not at all willing to listen to me. When I say that 3-4 months is too long and I am afraid that my company won't be willing to wait that long, she told me that she doesn't care about it. I even showed her the example Fiktionsbescheinigung that I received from my friend and she is not willing to even look at it. 

 

I don't know what to do, I have already waited for almost 4 months to get this settled. If somebody has any idea as to how I can resolve this issue, I would be grateful. 

 

I will be attaching pics of Fiktionsbescheinigung that I received and my friend received hoping that It will clarify my situation.

 

Friends Fiktionsbescheinigung --- https://ibb.co/m9BktYZ

My Fiktionsbescheinigung --- https://ibb.co/FDTJGTN

 

 

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I´d try to speak to her supervisor and if that doesn´t help ask your employer company if they can assist.

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That's the correct justification from ABH. Not every ABHs can approve the Blue Card application right away. Some need time to consider and some approve the Blue Card application at that time like in Munich (my case as example for both Blue Card and Niederlassungserlaubnis)

 

If you really want to get this job and cannot wait until they make the decision on your application. You can try to apply for the Job Search Permit (§16 Abs. 5 http://www.gesetze-im-internet.de/aufenthg_2004/__16.html) that allows you to work full-time since you graduated from German University.

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1 hour ago, Ohng said:

You can try to apply for the Job Search Permit (§16 Abs. 5 http://www.gesetze-im-internet.de/aufenthg_2004/__16.html) that allows you to work full-time since you graduated from German University.

 

Whoa, there!!!

 

That Job Search Permit does exactly what it says on the tin!!!

 

It allows the holder to search for a job but it does not allow the holder to commence employment without approval of the ABH who must, if needs be with involvement of the BfA, verify the job found is not salaried below the German market level and that it is related to the holders post grad qualification(s). 

 

2B

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3 hours ago, Robotisict said:

Hello,

I have completed my studies and got a Job contract from a company in Stuttgart and I live in a small town called Oberboihingen, and I 

need to go to Ausländerbehörde situated in Nürtingen for all Visa related things. The company I should work for asked me to apply for a Blue-card,

which they say is the Visa that is needed for full-time employees in Germany. I have submitted my contract, the ex-matriculation I received from the University on October 15th and I got a letter on December 21st stating that I need to submit "Master Urkunde" from the University. By going back and forth with the University, I have finally submitted the "Master Urkunde" on 15th January. The people working in Ausländerbehörde told me that it would take up to 4 months for me to receive the blue-card. They said that I would be getting two letters and I should directly come and collect Blue-card after I receive the second letter. Since it is too long I requested them to issue me a temporary visa(Fiktionsbescheinigung), which is the idea that my friend gave, as he received the same, when he started working. I even showed the example Fiktionsbescheinigung that I received from my friend, just to avoid any further complications. 

 

The lady gave me an appointment on February 1st to come and collect the Fiktionsbescheinigung, but, I was surprised to see that the purpose mentioned on the back of the  Fiktionsbescheinigung states that I should do only Student jobs like(Internship, werkstudent etc). I asked them I am not a student anymore and that I would need a Fiktionsbeschinigung that I can use for full-time work. I even explained to her that I have submitted all the documents that are needed, and I have already submitted my work-contract as well.  She is not at all willing to listen to me. When I say that 3-4 months is too long and I am afraid that my company won't be willing to wait that long, she told me that she doesn't care about it. I even showed her the example Fiktionsbescheinigung that I received from my friend and she is not willing to even look at it. 

 

I don't know what to do, I have already waited for almost 4 months to get this settled. If somebody has any idea as to how I can resolve this issue, I would be grateful. 

 

I will be attaching pics of Fiktionsbescheinigung that I received and my friend received hoping that It will clarify my situation.

 

Friends Fiktionsbescheinigung --- https://ibb.co/m9BktYZ

My Fiktionsbescheinigung --- https://ibb.co/FDTJGTN

 

 

Request your employer to speak to abh.   This will work wonders, trust me.

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12 hours ago, 2B_orNot2B said:

 

Whoa, there!!!

 

That Job Search Permit does exactly what it says on the tin!!!

 

It allows the holder to search for a job but it does not allow the holder to commence employment without approval of the ABH who must, if needs be with involvement of the BfA, verify the job found is not salaried below the German market level and that it is related to the holders post grad qualification(s). 

 

2B

 

You have not read the law that I referred to, have you?

 

The Job Search Visa/Permit that you mentioned is §18c (http://www.gesetze-im-internet.de/aufenthg_2004/__18c.html)

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I bet he has.. and I bet he understood it better than you did..

 

It states that a job seakers visa is just that... You can not work with a jobseakers Visa.. !!!!

 

 A foreigner who holds a German or recognised university degree or a foreign university degree comparable to a German university degree and whose livelihood is secured can be granted a residence permit to search for a job appropriate to his or her qualification for up to six months. The residence permit does not entitle the holder to gain employment.
(2) An extension of the residence permit beyond the maximum period specified in paragraph 1 is excluded. A residence permit in accordance with subsection 1 may only be issued again if the foreigner has resided abroad after leaving the country for at least as long as he has previously resided in the Federal territory on the basis of a residence permit in accordance with subsection 1.
(3) Paragraph 1 shall only apply to foreigners who have already resided in the territory of the Federal Republic if they were in possession of a residence title for the purpose of gainful employment immediately before the granting of the residence permit pursuant to paragraph 1.

 

 

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15 minutes ago, SpiderPig said:

I bet he has.. and I bet he understood it better than you did..

 

It states that a job seakers visa is just that... You can not work with a jobseakers Visa.. !!!!

 

 A foreigner who holds a German or recognised university degree or a foreign university degree comparable to a German university degree and whose livelihood is secured can be granted a residence permit to search for a job appropriate to his or her qualification for up to six months. The residence permit does not entitle the holder to gain employment.
(2) An extension of the residence permit beyond the maximum period specified in paragraph 1 is excluded. A residence permit in accordance with subsection 1 may only be issued again if the foreigner has resided abroad after leaving the country for at least as long as he has previously resided in the Federal territory on the basis of a residence permit in accordance with subsection 1.
(3) Paragraph 1 shall only apply to foreigners who have already resided in the territory of the Federal Republic if they were in possession of a residence title for the purpose of gainful employment immediately before the granting of the residence permit pursuant to paragraph 1.

 

 

 

I did not refer to §18c (http://www.gesetze-im-internet.de/aufenthg_2004/__18c.html) and please look at my original reply, it's §16 Abs. 5 (http://www.gesetze-im-internet.de/aufenthg_2004/__16.html

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Yes.. but in the original post, he says that he has completed his education at University...  And you quite clearly stated that he can work full time untill he has finished studies!!

 

You should read your own reply and see if it fits in with the original post!

 

 

 

 

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10 minutes ago, SpiderPig said:

Yes.. but in the original post, he says that he has completed his education at University...  And you quite clearly stated that he can work full time untill he has finished studies!!

 

You should read your own reply and see if it fits in with the original post!

 

 

 

 

 

1. The poster finished his Master Degree at Universität Diusburg-Essen https://ibb.co/FDTJGTN.

2. He is holding the Aufenthalserlaubnis according to §16 (University Student).

3. He got an offer and it meets with the Blue Card requirements 

4. He applied for the Blue Card but the local ABH could not make the decision right away.

5. He then requested for the Fiktionsbescheinigung and hope that he would get the same as his friend but he could only get the same condition as §16 because his Blue Card application is still pending for the decision!

 

Then I suggested him to ask for the Job Search Permit ($16 Abs. 5, NOT the one with §18c !!!) which is for the student who graduated from the university in Germany and it allows the holder to work in any job for up to 18 months!

 

15 hours ago, Ohng said:

That's the correct justification from ABH. Not every ABHs can approve the Blue Card application right away. Some need time to consider and some approve the Blue Card application at that time like in Munich (my case as example for both Blue Card and Niederlassungserlaubnis)

 

If you really want to get this job and cannot wait until they make the decision on your application. You can try to apply for the Job Search Permit (§16 Abs. 5 http://www.gesetze-im-internet.de/aufenthg_2004/__16.html) that allows you to work full-time since you graduated from German University.

 

 

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@Ohng That seems like a good idea, but will I get the job search Visa immediately or will they take time for that as well(I guess the company already waited for more than 4 months and I am afraid they wont wait for more time). I am in confusion whether to stay here or shift to Stuttgart(my coworker suggested me to shift to Stuttgart). I had a bad experience when I shifted cities as they said that it takes time for my documents to be shifted from one ABH to another ABH.

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14 hours ago, jubinjohn said:

Request your employer to speak to abh.   This will work wonders, trust me.

I spoke with the employer they said that they will try to talk to them. Hopefully, everything will be resolved as soon as possible.

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23 hours ago, Robotisict said:

@Ohng That seems like a good idea, but will I get the job search Visa immediately or will they take time for that as well(I guess the company already waited for more than 4 months and I am afraid they wont wait for more time). I am in confusion whether to stay here or shift to Stuttgart(my coworker suggested me to shift to Stuttgart). I had a bad experience when I shifted cities as they said that it takes time for my documents to be shifted from one ABH to another ABH.

 

I don't know about your ABH but normally it is more or less the same process as the Student one. You can try to contact them to apply for Job Search Permit according to §16 Abs.5 in the meantime.

 

It has been advised to most recent graduate students that they should apply for Job Search Permit first and work on that and after you pass the Probation Period, then apply for the Blue Card (§19a) OR Work Visa/Permit (§18).

 

Ans yes, I do agree with the moving to the other city part because it takes weeks or months to transfer your files!!!

 

 

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