Niederlassungserlaubnis process and Arbeitsamt

16 posts in this topic

Hi everybody,

I need your help again because I am in a situation that i don't know how to act. I recently cancelled my job contract and im entitled to get ALG1 for 12 months. (of course, that's not what i am aiming for but there are not so many jobs in my area in pandemic times) In the times i search for a job i wanted to get ALG1 and i get it. In meantime my Aufenthaltserlaubnis time ended and i applied for Niederlassungserlaubnis. I got a Bestätigung from Ausländerbehörde that i meet the requirements for Niederlassungserlaubnis and i will get it in 4 weeks. After sending a copy of this Bestätigung to Arbeitsamt, i just got a letter writing "Aufhebungsbescheid" It's written like this: "die Entscheidung über die Bewilligung von Arbeitslosengeld gem. § 136 SGB III wird ab 08.06.2020 aufgehoben. Grund: Wegfall der Verfügbarkeit "

I don't understand why they cancel? I am getting my Niederlasssungserlaubnis, they are informed about it but still cancelling? Should i go to a lawyer?

 

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I would simply ask for a detailed reason in writing before gng to a laywer.

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I am in no means an expert. Someone much more knowledgeable is bound to come along and respond. But here is what I understood. You resigned from the job of your own initiative(I believe then there is a 3 month "Sperrzeit" before you will get ALG I) and then realized your residence permit is about to end. From what I remember back when I had to renew them myself, that still being actively employed was one of the criteria to being granted an extension on the residence/work permit. In your case, you are officially unemployed whilst your visa is being processed? So in the eyes of the Arbeitsamt, your visa is soon to expire and you have not yet been granted an extension. I hope I am wrong, but you seem to have put yourself in a sticky situation here. I feel like the denial of ALG I is right now the least of your problems(Assuming you are a citizen from a non EU country). What does the Bestätigung regarding your NE say exactly? Were you issued a "Fiktionsbescheinigung" for the remainder of the 4-6 weeks till your NE card arrives?

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18 minutes ago, generalmartok said:

I am in no means an expert. Someone much more knowledgeable is bound to come along and respond. But here is what I understood. You resigned from the job of your own initiative(I believe then there is a 3 month "Sperrzeit" before you will get ALG I) and then realized your residence permit is about to end. From what I remember back when I had to renew them myself, that still being actively employed was one of the criteria to being granted an extension on the residence/work permit. In your case, you are officially unemployed whilst your visa is being processed? So in the eyes of the Arbeitsamt, your visa is soon to expire and you have not yet been granted an extension. I hope I am wrong, but you seem to have put yourself in a sticky situation here. I feel like the denial of ALG I is right now the least of your problems(Assuming you are a citizen from a non EU country). What does the Bestätigung regarding your NE say exactly? Were you issued a "Fiktionsbescheinigung" for the remainder of the 4-6 weeks till your NE card arrives?

Actually i applied both Einbürgerung and the Niederlassungserlaubnis. I was late for the Niederlassung because i thought i already apply Einbürgerung so they would do kinda verlängerung while my application goes on. So i am in sperrezeit, arbeitslos and i have a Bestätigung that i get the Niederlassungserlaubnis. I thought i wouldnt need this Fiktionsbesheinugung cos of the other Bestätigung. And my visa  just ended yesterday. Do you think it is possible to get this Fiktionsbescheinigung     Including the last 2 weeks? I applied 2-3 weeks ago for the Niederlassung

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8 minutes ago, lisit said:

Actually i applied both Einbürgerung and the Niederlassungserlaubnis. I was late for the Niederlassung because i thought i already apply Einbürgerung so they would do kinda verlängerung while my application goes on. So i am in sperrezeit, arbeitslos and i have a Bestätigung that i get the Niederlassungserlaubnis. I thought i wouldnt need this Fiktionsbesheinugung cos of the other Bestätigung. And my visa  just ended yesterday. Do you think it is possible to get this Fiktionsbescheinigung     Including the last 2 weeks? I applied 2-3 weeks ago for the Niederlassung

Also i forgot to mention i am married with a german citizen, thats how i could apply einburgerung. 

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47 minutes ago, kapil354 said:

I would simply ask for a detailed reason in writing before gng to a laywer.

Thank you, i think first of all i will get this Fiktionsbescheinigung, send it, call them and then if nothing changes i will go to a lawyer

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1 hour ago, lisit said:

i forgot to mention i am married with a german citizen

ok, then that certainly changes things :)

 

On your rejection letter, is there a reason for rejection. Like does it mention further paragraphs from SGB III or something like "Rechtslage : ..."

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2 hours ago, generalmartok said:

ok, then that certainly changes things :)

 

On your rejection letter, is there a reason for rejection. Like does it mention further paragraphs from SGB III or something like "Rechtslage : ..."

yes, I checked for that parts but didn't understand actually.  It is written: §§ 137 Abs. 1, 138 des Dritten Buches Sozialgesetzbuch (SGB III) und § 48 Abs. 1 S. 2 des Zehnten Buches Sozialgesetzbuch i.V.m. §330 Abs. 3 IIISGB.

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I tried to search a bit on google. Most people who posted similar questions on legal forums, it seems to have to do with proving their efforts in finding a job such as sending applications or being available for Vermittlungsbemühungen of the job center. Most people were advised to get in touch and ask for details directly from the job center. Getting a lawyer might just cost you more money. I would say just walk in during opening hours and ask them what you did to disqualify. Sorry I can't be of much more help.

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12 hours ago, generalmartok said:

I tried to search a bit on google. Most people who posted similar questions on legal forums, it seems to have to do with proving their efforts in finding a job such as sending applications or being available for Vermittlungsbemühungen of the job center. Most people were advised to get in touch and ask for details directly from the job center. Getting a lawyer might just cost you more money. I would say just walk in during opening hours and ask them what you did to disqualify. Sorry I can't be of much more help.

thank you so much. i guess the problem is my ending visa. I already went to municipality and got this fiktionsbescheinigung which says i have all my aufenthalt rights until i got my niederlassung. I will send this paper and call them to understand what the problem is. for finding a job and all, it is just 1.5months that i have no job, i already got one vermittlungstermin and we talked about all. Lets see what they will say. Thanks again, stay healthy

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On 09/06/2020, 09:17:00, lisit said:

I recently cancelled my job contract and im entitled to get ALG1 for 12 months. (of course, that's not what i am aiming for but there are not so many jobs in my area in pandemic times) In the times i search for a job i wanted to get ALG1 and i get it. In meantime my Aufenthaltserlaubnis time ended and i applied for Niederlassungserlaubnis. I got a Bestätigung from Ausländerbehörde that i meet the requirements for Niederlassungserlaubnis and i will get it in 4 weeks.

 

Did you inform the ABH that you quit your job?

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21 hours ago, engelchen said:

 

 

Did you inform the ABH that you quit your job?

When i apply for Einbürgerung, i wrote on the forms that i dont work anymore. But ididnt inform ABH when i got the job 2yrs ago and i didnt specifically informed them  that i quit. Should i inform them anytime i have a job or quit?

in this fiktionsbescheinigung also its written Erwerbstätigkeit erlaubt 

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55 minutes ago, lisit said:

Should i inform them anytime i have a job or quit?

 

Technically all foreigners now have to inform the ABH when their contracts are terminated early due to the poorly formulated new law (the BMI is working on the revision).  More importantly, you need sufficient income to receive an NE and are required to report all material changes in circumstances. 

 

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Engelchen showing once again why she is one of Toytown‘s best informed and most helpful forum members.

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14 minutes ago, engelchen said:

 

 

Technically all foreigners now have to inform the ABH when their contracts are terminated early due to the poorly formulated new law (the BMI is working on the revision).  More importantly, you need sufficient income to receive an NE and are required to report all material changes in circumstances. 

 

Thanks so much i didnt know it. My Niederlassungserlaubnis confirmed, i am just waiting to get it. Because of i am married with a german citizen and as a family we are having sufficient income. Now i am writing a wiederspruch with my fiktionsbescheinigung attached. It also says aufenthalthtitel als forthbestehend. So hopefully arbeitsamt will accept it

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1 minute ago, john g. said:

Engelchen showing once again why she is one of Toytown‘s best informed and most helpful forum members.

Definitely!

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