Sign in to follow this  
Followers 0

Freelance permit renewal to be rejected, asked to leave - how to respond and what to expect?

9 posts in this topic

Hi all,

 

I just received a letter from the Ausländerbehörde, they intend to reject my application to renew my freelancer permit and demand that I leave Germany. I can respond within 4 weeks (by now only about two, as it's dated the 15th) with the required documentation. But it doesn't give any information about how to submit it.

 

There's an e-mail address for the person who wrote the letter. Is it usual (in Berlin) that one can correspond with them by e-mail, will they answer questions? Can I submit documents by email,  or post, or do I have to go and line up at 6am? The letter only says:

 

You have the opportunity, before issuing my decision, to present all facts which could conflict with the measures I intend to take, enclosing suitable evidence within 4 weeks. [...erhalten Sie Gelegenheit, vor Erlass meines Bescheides sämtliche Tatsachen, die den von mir beabsichtigten Maßnahmen entgegenstehen könnten, unter Beifügung geeigneter Nachweise innerhalb von 4 Wochen vorzutragen.]

 

Last month I had an appointment to renew it, but I wasn't able to get my tax returns and proof of income from the Steuerberater sorted in time. They gave me a Fiktionsbescheinigung good until the end of the year, and said to make another appointment to bring it before the end of September. So this new deadline is a suprise, and the Steuerberater is still on his holidays until next week.

 

What can I expect if I can't get the documents to them in time, and I have to leave - how much time will I have? Will the Fiktionsbescheinigung be cancelled? I've been here more than ten years, so getting myself on a plane back home next month would be difficult to say the least.

 

Thanks for any insights...

0

Share this post


Link to post
Share on other sites
11 hours ago, sumguy said:

 

Last month I had an appointment to renew it, but I wasn't able to get my tax returns and proof of income from the Steuerberater sorted in time. They gave me a Fiktionsbescheinigung good until the end of the year, and said to make another appointment to bring it before the end of September. So this new deadline is a suprise, and the Steuerberater is still on his holidays until next week.

 

What can I expect if I can't get the documents to them in time, and I have to leave - how much time will I have? Will the Fiktionsbescheinigung be cancelled? I've been here more than ten years, so getting myself on a plane back home next month would be difficult to say the least.

 

Thanks for any insights...

 

You should try explaining to them about the Steuerberater being on vacation and ask for an extension.   If you don't get a response, go to the Ausländerbehörde.   

 

This sounds like the AB of former times.   I can remember 2 renewals in which they hung me out to dry for a few days with threat of expulsion until my tax advisor helped out (not without cost).    

 

May i ask why after 10 years you do not have an unbefristet Aufenthaltserlaubnis?   

 

Good luck and hang in there. 

0

Share this post


Link to post
Share on other sites

Thanks... I already explained to them about the Steuerberater at the meeting last month, I even had a letter from him saying he hadn't been able to get to it but would be doing it soon. They said it was ok, to bring it in September, and gave me the Fiktionsbescheinigung as an extension. It was already the second extension. I think this new letter is from a different person, maybe someone reviewing cases looking for people to kick out. It seems very serious, and it also says: "I would like to point out that circumstances asserted after the expiry of the deadline set for you to make a statement may not be taken into account in my decision (§ 82 paras. 1 and 3 of the AufenthG)."

 

I guess I'll try to e-mail them today and ask for some clarification. Maybe a Gewinnermittlung will suffice for the missing tax returns, because there's no time for the Finanzamt to process them. There's another Steuerberater in the firm, I e-mailed them to see if they can help, but even then, it's such short notice. Maybe I should talk to a lawyer?

 

I never applied for an unbefristet Aufenthaltserlaubnis, I assumed I wouldn't get one because my pension doesn't seem to meet the requirements, though I'd been planning to look into it further after I got this renewal...

0

Share this post


Link to post
Share on other sites
17 hours ago, sumguy said:

I just received a letter from the Ausländerbehörde, they intend to reject my application to renew my freelancer permit and demand that I leave Germany. I can respond within 4 weeks (by now only about two, as it's dated the 15th) with the required documentation. But it doesn't give any information about how to submit it.

 

There's an e-mail address for the person who wrote the letter. Is it usual (in Berlin) that one can correspond with them by e-mail, will they answer questions?

 

You received a formal written Anhörung. You can send your reply by email. If you don't reply they'll make a decision based on the info in your file.

 

2 hours ago, sumguy said:

They said it was ok, to bring it in September, and gave me the Fiktionsbescheinigung as an extension. It was already the second extension. I think this new letter is from a different person, maybe someone reviewing cases looking for people to kick out.

 

Your second FB for the same renewal? It seems that they sent the letter to make it clear that you are required to submit the documents that they wanted to see.

 

2 hours ago, sumguy said:

 

It seems very serious, and it also says: "I would like to point out that circumstances asserted after the expiry of the deadline set for you to make a statement may not be taken into account in my decision (§ 82 paras. 1 and 3 of the AufenthG)."

 

It is serious if you don't earn enough. 

 

2 hours ago, sumguy said:

I guess I'll try to e-mail them today and ask for some clarification.

 

What clarification do you need? 

 

2 hours ago, sumguy said:

Maybe a Gewinnermittlung will suffice for the missing tax returns, because there's no time for the Finanzamt to process them.

 

How many missing tax returns? When was the last time you filed?

 

 

 

1

Share this post


Link to post
Share on other sites

Thanks for the info. I e-mailed to ask them for clarification about how I can submit documents, whether a Netto-Gewinn-Ermittlung will suffice instead of a Steuerbescheid, whether they need a Gewinnermittlung for 2019 so far, or anything else, and whether there will be another meeting. I'm not familiar with this, I've only ever gone to appointments.

 

Yes, it's the second FB for the same renewal, and it's been several months. I guess they want to make it clear I have to submit the documents. I wasn't expecting them to move the deadline almost two months earlier than what they told me last month though, so there's a bit of panic now...

 

I've made some mistakes, I should have got things to the Steuerberater much sooner, then I tried to do it on my own with Elster but couldn't figure it out, then he was too busy again... If I have to leave, I guess it's nobody's fault but my own. The returns for 2016 and later are missing. 2015 was a bad year and I made very little money, which they let go at the time but it seems to be an issue now. Since then my net income has been more than 15.000 €/year, so I hope it's enough. 2019 so far isn't that great, and there are some things I haven't been paid for yet, so that could be a problem.

 

Any ideas about what to expect if they don't accept it? How long will I have, to deal with giving up my apartment and so on, before I have to leave the country?

 

 

0

Share this post


Link to post
Share on other sites
On 29.7.2019, 16:51:44, sumguy said:

I've made some mistakes, I should have got things to the Steuerberater much sooner, then I tried to do it on my own with Elster but couldn't figure it out, then he was too busy again... If I have to leave, I guess it's nobody's fault but my own.

 

There are actually two separate issues you need to consider.

 

1) Whether your business is sufficiently profitable to obtain a renewal.

 

2) Whether you can prove you meet the financial requirements.

 

If you don't fulfill 1 there is no point in scrambling to get 2. On the other hand if you do meet the requirements, you can try to get an extension to provide the proof. 

 

On 29.7.2019, 16:51:44, sumguy said:

The returns for 2016 and later are missing. 2015 was a bad year and I made very little money, which they let go at the time but it seems to be an issue now. Since then my net income has been more than 15.000 €/year, so I hope it's enough. 2019 so far isn't that great, and there are some things I haven't been paid for yet, so that could be a problem.

 

From the info you've posted to date, it is difficult to judge whether or not you meet the financial requirements. The tax return for 2016 was due on Dec 31, 2017 and the return for 2017 was due on Dec. 31, 2018. If the last year that has been processed showed insufficent income, the ABH will probably just assume that the next two years were not much better.

 

On 29.7.2019, 16:51:44, sumguy said:

Any ideas about what to expect if they don't accept it? How long will I have, to deal with giving up my apartment and so on, before I have to leave the country?

 

You have to first decide what you want to do and what you think is realistic. If you are determined to stay, you can fight it out and might be successful in getting a renewal. If you decide it is not worth it and starting making plans to leave you are in a better position to negotiate a longer timeframe to leave the country.

 

The first thing you need to do is get your finances in order and decide whether or not it makes financial sense to stay here.

 

On 28.7.2019, 21:47:51, sumguy said:

I can respond within 4 weeks (by now only about two, as it's dated the 15th) with the required documentation.

 

It is not unusal for a letter to take days (and sometimes over a week) from when it was written to make it out to you. Make sure you keep the envelope with the postmark to prove when it was sent.

 

2

Share this post


Link to post
Share on other sites

Given that they seem to have clawed back the extension they already gave me, it doesn't seem like they'd be open to giving any slack now... but how would I even go about that? I have no idea how I would fight it out, or negotiate, etc. I don't even know if they will answer the email I sent yesterday.

 

I don't know how much longer it will make sense to stay here, but I certainly want to try to get the renewal. Then if I decide to leave, I'll have some time to do it in an orderly fashion, instead of a no-deal crash out... I contacted someone else in my Steuerberater's office, and they've said they can most likely help get me officially-stamped Gewinnermittlungen in time. It doesn't seem like I should give up now, in the hopes that it will somehow give me a little longer timeframe to leave.

 

I'm still trying to figure out how I can submit the documents - you said email is ok, I wish I could confirm that somehow. I also wish I knew what documents they actually need, rather than just guessing. I'd really like to not make any more mistakes right now, and lose my residency. I suppose if they don't answer in the next day or so, I should talk to a lawyer.

 

 

0

Share this post


Link to post
Share on other sites
11 hours ago, sumguy said:

Given that they seem to have clawed back the extension they already gave me, it doesn't seem like they'd be open to giving any slack now... but how would I even go about that? I have no idea how I would fight it out, or negotiate, etc.

 

I don't think you've understood the point I was trying to make and you are not concentrating on your main problem, i.e. whether or not your earnings are sufficient for a renewal. 

 

Quote

I suppose if they don't answer in the next day or so, I should talk to a lawyer.

 

I would recommend first posting your question in German on info4alien.

1

Share this post


Link to post
Share on other sites

Thanks for the comments. Maybe I haven't understood the point you were trying to make, sorry. I'm interested to know. I don't know whether my earnings are sufficient enough for a renewal, because I don't know exactly what the criteria are. I have heard rumours they want to see a minimum of 1200 euros/month. As I said, I've earned a minimum of that amount for each of 2016-2018. In the past I made less and they still renewed it. All I can do is send what I have, and see what they say. I will try to get some more job offers, etc.

 

The bigger question of whether my life in Germany makes sense is something I should of course address. But right now I have been concentrating on basic questions of how to understand what documents they want, and how to submit them. And getting all the necessary info to the Steuerberater. The letter literally said, at the very end, "you can provide documents within 4 weeks". Ok, what documents, and provide them how? And when exactly is "within 4 weeks", and how do I find this information? I'd hoped someone here had been through this already. Now that I know it's called an Anhörung, I can search for more info on that, thanks.

 

In any case, I just got a reply to the email I sent on the weekend, from yet a different person, so they do actually respond. It says that a Gewinnermittlung from the Steuerberater for 2017-2019 would be enough (vorerst günstig) for now, plus any job offers. I can send them by post, fax, or email, or go there and drop them in the mailbox. The last possible day will be August 16. So that fills in most of the blanks! I hope this information is helpful to anyone who receives a similar letter.

 

I would still like to know what happens if they don't renew it, but I can't think about that too much right now...

1

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
Sign in to follow this  
Followers 0