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I have succesfully completed my Ausbildung last year December, and have gotten a work contract in line with my profession i did in the Ausbildung.
My 3 years Ausbildung visa is expired now( Ausbildungduldung) i have also contactd the Auslanderbehörde for granting me a resident permit to work and they are saying that i need a atleast, 2 years workcontract to for them to grant me the permit.. However i have 1 year working contract which is normal in our profession, then after that  it wil be extended and salary will be increased too..
My question now is, why are they not keeping to the law that state get a job in your area of profession and grant the permit even if is a year permit ..
Instead of denial me the permit completely ...
I could remember that there is no law stating such in this 3 + 2 Law for  Professional worker in germany..  All other requiresments, i have fullfilled too.. This is so dissapointing and not encouraging...
How could you help me please?
Thanks for already in advance.
asked Feb 1, 2023 in Work by MIKE 130 | 196 views

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Dear MIKE 130,

I have looked through the law surrounding the residency permit acccording to paragraph 19d. I too have not found any reference to a requirement to have a work contract for two years.

It is important to note that this law states that the permit IS to be issued in cases such as yours. There are other parts of the law where it states a permit CAN be issued. In such cases, the Ausländerbehörde have much more discretion in deciding whether to issue one or not. In caes where the permit IS to be issued (such as yours), they have to do so once the requirements are fulfilled.

Having a contract for two years is not a requirement. The requirements listed in the law are:

  • Successfully completing the Ausbildung
  • Finding a job that requires the qualification you got from doing the Ausbildung
  • Having sufficient living space
  • Speaking enough German
  • Not having committed any seruious crime or having links to extremist organisations

The requirements are detailed in the paragraph 19d:

https://***.gesetze-im-internet.de/aufenthg_2004/__19d.html

I recommend you communicate in writing to the Ausländerbehörde that you fulfill all the requirements and point out that the permit must therefore be issued (in German 'ist zu erteilen'). I would then request that they provide you with the legal grounds of their decision if they refuse to issue it.

Best,

Éanna

answered Feb 10, 2023 by mbeon-Éanna
Thanks very much Eanna for this response.. I have also contacted the Ausländerbehörde again, but a different office and he debunked the Idea of "  2 years contract " He said i have fulfilled all requirements... he then sent me a Form " Erklärung die Arbeitsverhältnisse " that i should give to my Chef to fill  it...
The Form has been filled and I have sent it back with other required documents he requested for... and he said the process will take 4- 8 weeks...
This is where am confused.. because I  don't understand what he meant by that... and am calling no response till today..
Please can you share more lights on this Form that will be summited to The Arbeitsamt that States Erteilung eine Aufenthaltserlaubnis?

Thanks for your help i really appreciate..

Hi @MIKE 130,

You're welcome. It is not clear to me from your comment but am assuming the form your employer filled out was sent to the Agentur für Arbeit. This is a normal part of the process of issuing you with a residence permit for the purpose of work.

The Agentur für Arbeit will check that there is a specific job offer for a specific job, and that the pay and conditions are comparable to those for German workers. Once they've checked that is ok, they'll give their agreement (Zustimmung) to the Ausländerbehörde and you can be issued with a permit. Best of luck!

Yes it  the form was sent the Agentur für Arbeit,  
Please can I please get a legal help from caritas or DRK in Heppenheim 64646
Here's the information about the DRK migration advisory service in Heppenheim:

https://***-drk--bergstrasse-de.translate.goog/angebote/migration-und-integration-1/migrationsberatung-fuer-erwachsene-mbe.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

They cannot provide legal advice but can help you understand the process and assist you in contacting the authorities if necessary.
Congratulations  to me I was finally granted Aufenthaltserlaubnis nach § 19d.
Have done the necessary thumbprint and passbilder was taken ans also was asked to pay 100€ fee.
I want to thank everyone here in this platform who has been there for me right from the beginning of my Ausbildung and the end. .
Much love ❤  to you all..
Thanks Eanna
Great news! Congratulations and you're very welcome :)
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