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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 10844
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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Hi, I have been working in Germany since August 2011. From

Resolved Question:

Hi,

I have been working in Germany since August 2011.

From August 2011 to January 2013 (17.5 months) I was a local employee of my German employer and paid social security contributions. From February 2013 onwards my visa got changed as secondment employee and hence I do not pay social security contributions.

Now my question is when will I become eligible for Beschaftigung erlaubt (BE visa)? Is it 2 years from August 2011 or I have to wait till 3 years?
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,

thank you for using Just Answer

You will be eligible for a BE Visum after

either 2 years of having worked an paid social security


or 3 years of havin stayed here in Germany



So as you do ot have completed the 2 years it is going to be 3 years from August 2011 on




I hope I was able to help


Please tell me if you have any further questions


Customer: replied 1 year ago.

ok, thanks.


 


1. Is there any option to pay voluntary social security contribution for the balance 6.5 months?


 


2. If my employer says I have to return to my native country after 3 years (i.e., in august 2014) can I approach ABH on my own to get BE visa? If not, then if I have another job from another employer in Germany, then will that employment contract help?

Expert:  legal eagle replied 1 year ago.
Dear Customer,

1.
no, you cannot change the employment you have without your employer agreeing
2.

Yes of course you can approach them on your own and having a contract fro a new firm will help

Customer: replied 1 year ago.

OK, just to be clear :


 


1. Not changing employment, but I just pay social security contributions for 6.5 months voluntarily - from my own pocket. Is it possible?


 


2. Does that mean : In August 2014, I can approach ABH on my own and ask for BE visa even if I don't have another job? Will they ask for any letter from my current employer for change of visa?


 

Expert:  legal eagle replied 1 year ago.
Dear Customer


the law is clear on that

It states that you must have an employment with payment of social security ( § 3 b BeschVerfv)

So paying voluntarily is not the same thing



Yes , once you have completed the 3 years you can get a BE visa on your own

A letter won`t be necessary
Customer: replied 1 year ago.

Many thanks!


 


My final question :


 


1. I used to get kindergeld till Jan 2013 when I was local employee. Now my company informed Familienkasse to stop kindergeld since I do not pay social security contributions anymore. But is this correct? Am I not eligible to get kindergeld now based on my 17.5 months social security contributions earlier?


 


2. How significant is experience certificate/service certificate in German employment market? If my employer does not issue me an experience letter in August 2014 if I do not return to my native country, then will it affect my employment chances in Germany with another new firm?

Expert:  legal eagle replied 1 year ago.
Dear Customer,


these are 2 completely new questions, so if you please ask them on a new thread

Thank you so much
Customer: replied 1 year ago.

Maybe point 2 is different.


 


But point 1 is very much related to my initial visa query :


 


"I used to get kindergeld till Jan 2013 when I was local employee. Now my company informed Familienkasse to stop kindergeld since I do not pay social security contributions anymore. But is this correct? Am I not eligible to get kindergeld now based on my 17.5 months social security contributions earlier?"

Expert:  legal eagle replied 1 year ago.
Dear Customer


as an US citizen you are eligible for Kindergeld if your stay in Germany is to be permanent and your employment in Germany is to be permanent



Experience certificate is extremely important


Customer: replied 1 year ago.

Thanks!


 


Wish you a nice day!

Expert:  legal eagle replied 1 year ago.
Same to you and if I have helped please rate me positive

thank you
legal eagle, Attorney
Category: German Law
Satisfied Customers: 10844
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and 2 other German Law Specialists are ready to help you

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