Ausbildung termination without Kündigung or any information

Question

I came to Germany for an Ausbildung as a orthopedic Shoemaker and before i got the chance to start the training my employer dismissed me and told me to return to my home country & also threatened to call the police on me, by the way this was already a month gone by because the training starts around 1st of August and I arrived Germany in September due to delays from the embassy in my country and also the issue of finding an apartment while still being in my country was also a big problem. I arrived in Germany on the 3rd of September and visited my training company the following day, and in the space of 2 days my employer requested i return to my home country and that he isn't certain i will continue the training in his company and also threatened to call the police on me. I left the company and ever since i have been trying to **** for a way forward and I seeked help from a social welfare called Caritas and today i got information stating that my work visa is no longer valid because i didn't resume training in the company. My employer has totally got me in a messed up situation, what do i do and do i have to go to the immigration office to clarify the situation?

Answer 1

Hi @Tb_24

It is not clear from your question how exactly the Ausbildung ended. You say your employer said he wasn’t certain he would continue the training with you and then you write that you left the company. If he dismissed you from the company, he is obliged to provide you with a dismissal (Kündigung) in writing. If you left the Ausbildung, you are obliged to submit the Kündigung.

Your employer cannot tell or force you to return to your home country. That is a matter for the immigration authorities. He is obliged to inform them about it though. You need to clarify your situation with the immigration office.

If you can show that it was not your fault that you could not continue with the Ausbildung, then you can be given another six months in Germany to **** for a new Ausbildung. The legal basis for this is paragraph 16a, section 4 of the immigration law, here via online translation:

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__16a.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Best,

Éanna