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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 My documents were accepted and I have received a Fiktionsbescheinigung (my student residence permit is no longer valid).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 Will it still be processed to the end or is my application no longer valid?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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[–] [email protected] 2 points 1 year ago (1 children)

First you'll have to inform the Arbeitsagentur, that's a mandatory step you can't delay, even if you're not entitled to benefits. They will not automatically inform the ABH (yay data privacy laws!), so you can wait for 2 more weeks, but really shouldn't drag it out too long.

I'd also recommend to have a lawyer review your termination letter - if you're out of the probation period, it's not as straightforward to fire someone, bankruptcy or not. But to counter a termination you must file a protective lawsuit within 3 weeks of the date you received it, and that's a hard deadline. It's fairly inexpensive, and always recommended, really.

[–] Citheronia 1 points 1 year ago (2 children)

Thanks, but what exactly would I achieve with that? My only goal right now is to stay in Germany. I would be great to get severance, but I don't really have much hope in that regard. The more i read the replies and discussions, the more confused I get. People recommend so many things, and I don't understand what I am supposed to get out of those actions.

[–] NeoNachtwaechter 1 points 1 year ago

Thanks, but what exactly would I achieve with that?

Fair question. You don't achieve any direct benefit, but you get the official documentation of your unemployment status. It is creating the 'paper trail'.

Some day later, you may need that in order to get some other benefit or to avoid formal/legal complications. The longer you are going to stay in Germany, the more likely you will have such a situation.

[–] [email protected] 1 points 1 year ago

It's not severance, it's a benefit you're entitled to and that you paid for. Secondly, without providing evidence that you did everything possible to keep your job and maintain your livelihood, this may later be held against you.