Hi @Pre brexit
It is important to first clarify what type of unemployment benefit you might apply for. If you have been working and paying into the social security system (i.e. more than a minijob) for at least 12 of the past 30 months, then you are entitled to the benefit ‘Arbeitslosengeld’. You apply for this with the Agentur für Arbeit. It is important to know that you are obliged to register as job-seeking ‘arbeitssuchend’ with the Agentur für Arbeit within three working days of being informed you are losing your job.
If you receive the benefit Arbeitslosengeld, there is no issue with your residency rights in Germany. The Arbeitslosengeld is an entitlement you have as a result of working and paying into the system.
The situation is somewhat different with the benefit ‘Bürgergeld’ from the Jobcenter. You have the right to receive this benefit but the Jobcenter may inform the immigration office in this case. I cannot say with certainly whether the immigration office would be informed or not. There are some cases where as a rule this takes place. A common example is if a person come to Germany from another EU country and without having worked here, goes to the Jobcenter and applies for Bürgergeld. The Jobcenter will inform the immigration office and the immigration office will contact the person to examine their right to continue to stay in Germany.
Your situation is different. You a not an EU citizen and so the Jobcenter can only share the information with the immigration for certain types of residency, namely work, training (Ausbildung) and studying. You have the permit Aufenthaltsdokument-GB which is a separate type of permit.
Even if the immigration office was made aware that you are no longer financially self-sufficient, it does not mean you automatically lose your residency status. In practice, what generally happens is that the person is given some time to **** for a new job. In this time they can continue to get the support of the Jobcenter. Only if after a final deadline the person cannot show self-sufficiency, could the immigration office then cancel the residency permit and request the person to leave the country. But they also have discretion in assessing each case and so would also take into account the length of time you have been in Germany, that your wife is working, your kids are at Kita etc.
Depending on your financial situation in the event of a job loss, an alternative to the Bürgergeld would be to apply for the benefits Kinderzuschlag (additional child benefit) and Wohngeld (rent support). These benefits, along with your wife’s income, Kindergeld and potentially Arbeitslosengeld for you, could then be enough combined to cover your costs. There is no issue with you receiving Kinderzuschlag and Wohngeld.
Best,
Éanna