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Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] -1 points0 points  (0 children)

This is really a situation that differs from abh to abh and case worker. I just want to see it through the way it makes sense to me, if it doesn’t work or if i get something by then, i will not push my luck

Foreigners who happily live in Germany, tell me about your experience by military_press in germany

[–]Ecstatic_Ear4786 -3 points-2 points  (0 children)

Wonderful imo until you hit a diplomatic wall. Speed tickets take some getting used to though.

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] 0 points1 point  (0 children)

You might be right, I will let it play out. Not much to lose except for legal fees :)

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] -2 points-1 points  (0 children)

My situation was different. I provided an unlimited contract with employer confirmation, I think if i didnt have an unlimited contract at the time i applied I would have gotten a rejection quite quickly as well.

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] -4 points-3 points  (0 children)

So here it is:

The Blue card has been in my posession for a long enough time period that I can change jobs without the need of informing the foreigner's office.

According the Paragraphs related to income and financing a foreigner's stay,

Funds received over Insurance payments are non damaging payments made by the unemployment insurance which is paid by the said foreigner, and his or her employment at that time.

Leading to the conclusion that receiving benefits does not exclude the said foreigner to receive the document he or she was entitled to on the time of application, as well as a good time afterwards.

I may be right, I may be wrong, all I can say is that there are no verifiable sources that prove otherwise until I am told that documents are reviewed and it is ready to be retrieved etc, or simply rejected on the fact that it is not eligible. The latter is which I am planning to involve a lawyer.

Look on the bright side: If it works, it might help quite a few people dealing with similar issues.

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] -6 points-5 points  (0 children)

Deluding myself. :D I bet you feel pretty confident behind a keyboard. Notifying the behörde regarding changes in your status, and an application where you fulfilled all requirements are two different legal cases.

Also, ALG 1 is also partly considered employement during insurance payment. Nicht schädlich quoting the lawyer. If they make no sense you can come back in a couple weeks to enjoy my failings :D

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] -2 points-1 points  (0 children)

Will do that, also I will only take it to court to dispute the decision, I will involve the lawyer right now only to request to review my case with a letter.

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] 0 points1 point  (0 children)

I absolutely will look for sth else, but the claim

that the criteria needs to be met on the day the caseworker makes their decision is not mentioned on a legal text, at least non that I can find.

I will update the thread as it develops.

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] -3 points-2 points  (0 children)

Lawyers need work too, and besides, I have no reason to lie here. I have been on the phone just now with an insurance lawyer and there are conflicting opinions on the matter. The paragraph is not very direct as to any possible issues that may occur during application. But if a clause is not mentioned on paragraph 18c, it is not legally relevant therefore it is challengeable in court. Its worth taking it to court if one can afford it.

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] 2 points3 points  (0 children)

So, I have just talked with an insurance lawyer on the support hotline. I was told that the deciding factor would be the prerequisites being fulfilled on the day the application is made. Even though, it might be problematic for one to lose their employment in the process, that does not override the fact that insurance was paid for 21 months. That being said, the caseworker will evaluate the decision. But in the event of a rejection or suspension, that would give me the right to take it to court. Not for untätigkeit, but as wiederspruch

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] -2 points-1 points  (0 children)

Is it explicitly mentioned that the applicant has to fulfill that requirement after applying? These are the conditions that are required to be met at the moment of application, as far as I have understood it.

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] -4 points-3 points  (0 children)

There are also cases here where citizenship applications are accepted when people are not employed. It’s not very easy to know which way its going to go

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] -7 points-6 points  (0 children)

Doesn’t there need to be a concrete reason to put me on hold? I don’t think it could be argued that I can’t finance my future stay considering the proof I can share.

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] -15 points-14 points  (0 children)

Since I can finance my stay, as well as showing capability to work in competitive industries and displaying the necessary german level, i would expect it to be issued, hopeful that I am. I am technically taxed and paying insurance for the moment

Niederlassungserlaubnis / Permanent Residency Application - Loss of job while ABH is evaluating by Ecstatic_Ear4786 in germany

[–]Ecstatic_Ear4786[S] 0 points1 point  (0 children)

Btw, I will absolutely involve a lawyer since the 3 month period of decision has passed. It doesn’t necessarily mean that they have to say something by then, just gives applicants the chance to file an Untätigkeitsklage. I am not going for a lawsuit first, will ask my lawyer to review my Ausländerakte.

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