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Got laid off while waiting for a residence permit (self.germany)

submitted 1 year ago by Citheronia to c/[email protected]

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I have graduated from a university in Germany and found a great job that matches my degree. With this work contract, I have applied for a residence permit for employment. My documents were accepted and I have received a Fiktionsbescheinigung (my student residence permit is no longer valid).

Today I was informed that my employer is facing bankruptcy and the majority of the employees, including me, were let go. I was also told that I am entitled for severance pay if I apply at the Arbeitsamt.

What does that mean for my residence permit? Will it still be processed to the end or is my application no longer valid? Should I apply for the severance pay? I understand that I need to look for a new job immediately, since I don't have any other "proof of being able to secure my livelihood". Is it best to call the ABH directly and tell them about the layoff or wait to get a residence permit?

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[–] NeoNachtwaechter 11 points 1 year ago (4 children)

I hate to say it :-) but back there on reddit in r/Germany there were some real good experts for this question.

Here are my few pieces of knowlege:

You have to contact the Arbeitsagentur in any case. Do it as soon as the main facts are known: that your work definitely will be terminated (and when, and how).

In general, you can apply for the 'ALG 1' severance pay if you have worked for at least 12 full months (including the remaining time in the current contract).

You can search for a new job and if it is somewhat comparable, then your residence permit/Fiktionsbescheinigung can be changed accordingly.

There are some special rights/regulations for the case when an employer goes bankrupt. Best is to ask your coworkers about that.

[–] Citheronia 2 points 1 year ago

thank you so much for the answer! i guess I won't be able to get severance, since i was only employed for 10 months.

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