Lost my job on Blue Card right before Niederlassungserlaubnis application

10 posts in this topic

Hi everyone,

 

I'm a non EU expat. I've been working at a startup company for the past 3 years with Bluecard. Recently I've been in process of applying for Niederlassungserlaubnis & awaiting Leben In Deutschland results. Today I was told that they'll terminate my contract.

 

 

I'm extremely stressed because of this since I'm just a few months away from getting Niederlassungserlaubnis. I'm not sure what to do in order to extend my stay in Germany.

 

I've read posts here advising people to report to ABH & applying for unemployment benefits.

 

My Questions are:

 

1. Is there a way to extend the 3 months window that's granted to search for another job?

2. When I find another job, will my current bluecard status stay intact. Meaning, will I be able to apply for Niederlassungserlaubnis after I clear the probation period at the new company?

3. Is there a way to change bluecard into some other kind of visa so that I can stay & keep looking for job in Germany in case 3 months are not sufficient?

          a. If yes, would I've to wait for another 21-33 months to apply for Niederlassungserlaubnis or my current contributions would be accepted & won't have to wait another 21-33 months for Niederlassungserlaubnis after getting new bluecard.

4. If I get a job in Netherlands or anywhere else in Europe, can I use the same German bluecard or do I've to reinitiate the procedure there?

5. I've good amount of savings. Is there a way I can use them to my leverage & still get Niederlassungserlaubnis after termination?

6. Can my savings be of any help in my current situation?

 

I'm eagerly waiting for your feedback.

 

Best Regards

 

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Hi,

let me share my my experience and that of my friends I have helped on this...not that I am an legal expert.
You said you been in DE 3 years, so if you have a basic level of language skills (A1) you should be able to apply now.

Anyways, you mentioned that you are waiting for the results of "Leben In Deutschland"...I don't remember needing that at all. Why you did it?

Regarding:

1. Is there a way to extend the 3 months window that's granted to search for another job?

I know a person who, in early corona times, asked formally for more time and was granted 3 more months. She showed financial resources when requesting it. You should keep good track of your job applications, collect names, phones, print emails and letters, and basically have a diary of your job search efforts so you can eventually say "I need more time but look, I made a big effort to get a job". Just a suggestion.
 
2. When I find another job, will my current bluecard status stay intact. Meaning, will I be able to apply for Niederlassungserlaubnis after I clear the probation period at the new company?

Yes, I understand that is the case.
 

4. If I get a job in Netherlands or anywhere else in Europe, can I use the same German bluecard or do I've to reinitiate the procedure there?

Unfortunately not.

5. I've good amount of savings. Is there a way I can use them to my leverage & still get Niederlassungserlaubnis after termination?

Not really, but definitelly add this to the application as an "extra documentation"

6. Can my savings be of any help in my current situation?

if your savings are 100k not...but if your saving are 20 million you can easily buy an Maltese passport ;)
https://www.henleyglobal.com/citizenship-malta-citizenship/

 

Good luck!
 

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11 hours ago, travelerworker said:

Hi,

let me share my my experience and that of my friends I have helped on this...not that I am an legal expert.
You said you been in DE 3 years, so if you have a basic level of language skills (A1) you should be able to apply now.

Anyways, you mentioned that you are waiting for the results of "Leben In Deutschland"...I don't remember needing that at all. Why you did it?

Regarding:

1. Is there a way to extend the 3 months window that's granted to search for another job?

I know a person who, in early corona times, asked formally for more time and was granted 3 more months. She showed financial resources when requesting it. You should keep good track of your job applications, collect names, phones, print emails and letters, and basically have a diary of your job search efforts so you can eventually say "I need more time but look, I made a big effort to get a job". Just a suggestion.
 
2. When I find another job, will my current bluecard status stay intact. Meaning, will I be able to apply for Niederlassungserlaubnis after I clear the probation period at the new company?

Yes, I understand that is the case.
 

4. If I get a job in Netherlands or anywhere else in Europe, can I use the same German bluecard or do I've to reinitiate the procedure there?

Unfortunately not.

5. I've good amount of savings. Is there a way I can use them to my leverage & still get Niederlassungserlaubnis after termination?

Not really, but definitelly add this to the application as an "extra documentation"

6. Can my savings be of any help in my current situation?

if your savings are 100k not...but if your saving are 20 million you can easily buy an Maltese passport ;)
https://www.henleyglobal.com/citizenship-malta-citizenship/

 

Good luck!
 

 

Hi traverlerworker, I was told by the Ausslanderamt people to show them Lebens In Deutschland result papers. Can you please tell me when did you apply for Niederlassungserlaubnis?

 

I'm also not clear about the whole neiderlassungserlaubnis process that much. I tried calling the Ausslanderamt & they don't pick up during Corona times & when I go there, they tell me to contact over email. When I asked them how to apply for Niederlassungserlaubnis over the emails, they told me to create a photocopy of all the documents & just drop them in the mail box of Ausslanderamt. This is confusing to me. How did you submit your application? Can you please share some info?

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Hi

well I am not an expert, but if you check here: https://service.berlin.de/dienstleistung/121864/ Leben In Deutschland is mentioned...however I just review the documents I have sent for a friend and we never included that.

I guess also depends on the city, because  in Munich as you can see here http://www.muenchen.de/dienstleistungsfinder/muenchen/1080805/ they have slightly different requirements. and Leben in Deustschland is not mentioned.

I do remember helping a friend in Munich and we just ticked the box that reads "I have knowledge of the social and political organization in DE" and that was it. I think I remember that having a blue card waives you from that requirement since it is assumed you are a highly educated person that got a grasp of the system in Germany during your 33 months.
 

The tricky situation is that when you present your documents you have no job. I guess that could lead to a rejection or waiting time until you have a job or pass the provation period. Probably defined somewhere in the law or up the the case worker, no idea.

I think, and again I am not an expert, the best course of action would be to prepare a nice folder, with all the required documents (include copies of all) and add all extra suporting documents you can think of (bank statement, savings, letter from landlord, letter from former boss, etc) and apply. 


If your leben in DE will be ready in a couple of days just wait, if not just apply and you could even add a letter stating that you will submit it later...just ideas.

Please take some time and read all of this:
https://www.make-it-in-germany.com/de/visum/dauerhaft-in-deutschland/niederlassungserlaubnis/
https://www.bamf.de/DE/Themen/MigrationAufenthalt/ZuwandererDrittstaaten/Migrathek/Niederlassen/niederlassen-node.html
https://www.bmi.bund.de/SharedDocs/faqs/DE/themen/migration/aufenthaltsrecht/aufenthaltsrecht-liste.html

they should be able to assist you, but they won't educate you...the more you know the better position you are.

Good luck

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On 11/29/2022, 12:04:56, jagroni said:

After applying for Permanent Residence if i loose job , will i still  be able to succeed in getting the PR ?

 

Thanks so much

Hi,

again, I'm not an expert but just helping here sharing my experience...

Some people advice here to immediately report that you lost your job...leading to potential issues while getting the PR.

You can "forget" to do it. Nowhere clearly says you have to. Take your chances.

I would advise to move to a small village to speed up the process.

I helped 2 friends with it, one living in Munich the PR process took 4 months. Another living in a nearly village was done in 5 days.

Good luck!

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On 11/29/2022, 12:04:46, jagroni said:

After applying for Permanent Residence if i loose job , will i still  be able to succeed in getting the PR ?

 

Thanks so much

I would suggest to buy more time with employer until you get a PR. If you have already signed a termination letter and if you do not inform Ausländerbehörde with in 2 weeks, you will face Consequences as per the law. They may take back your PR and trigger a deportation.

Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet 1) (Aufenthaltsgesetz - AufenthG)
§ 82 Mitwirkung des Ausländers

(6) Ausländer, die im Besitz einer Aufenthaltserlaubnis nach Kapitel 2 Abschnitt 3 oder 4 sind, sind verpflichtet, der zuständigen Ausländerbehörde innerhalb von zwei Wochen ab Kenntnis mitzuteilen, dass die Ausbildung oder die Erwerbstätigkeit, für die der Aufenthaltstitel erteilt wurde, vorzeitig beendet wurde. Der Ausländer ist bei Erteilung des Aufenthaltstitels über seine Verpflichtung nach Satz 1 zu unterrichten.

 

Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet 1) (Aufenthaltsgesetz - AufenthG)
§ 98 Bußgeldvorschriften

entgegen § 82 Absatz 6 Satz 1, auch in Verbindung mit § 60d Absatz 3 Satz 4, eine Mitteilung nicht oder nicht rechtzeitig macht.
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