Friday, August 1, 2008

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little freedom of movement for non-EU citizens

Similar to Union citizens and non-EU citizens who are already five years with a residence permit Germany staying benefit of the intra-European movement.

Who wears as a non-EU citizens permanent residence in the EC can, in almost all other EU Member States (except in Great Britain, Ireland and Denmark) facilitated conditions settle (improvement of intra-European mobility).

In the case of a planned activity every Member State may check whether the labor market allows the employment of the alien. Before a further move to another EU member state must therefore examined whether, under the law of the state of professional conduct will be allowed in individual cases.

When can I apply for permanent residence in the EC?

The granting of permanent residence in the EC is governed by § 9a of the Residence.

After a foreigner is a permit for permanent residence in the EC under Article 2 b of Directive 2003/109/EC shall be granted if

first it for five years residence in the Federal territory,

second his livelihood and that of his relatives, whom he has to pay maintenance

, by fixed and regular income is secured,

third he has sufficient knowledge of German,

4th he has basic knowledge of the laws and social system and life circumstances in Germany,

5th reasons of public safety or order, taking into account the seriousness or the nature of the breach of public security or order or by foreigners to the hazard of the duration of the existing residence and to the existence of links in Germany do not oppose and

6th he of adequate housing for himself and has his family with him in community living family members.

Should I apply for permanent residence in the EC or a business permit?

Both are qualified residence permit according to § 10 Nationality Act so that both residence permits, if desired, can be applied for naturalization.

should be planned to work in other European countries, it is advisable to apply for permanent residence in the EC. But this can also subsequently, sent with already existing business permit, .

Will I get faster with a permanent residence or settlement permit-EC?

The conditions for granting permanent residence in the EC are related to the settlement permit. Most-especially students-it is easier to get a permanent residence in the EC as a national settlement permit (Permanent residence), as must be proven for the duration of residence in the EC than 60 mandatory pension contributions.

What is out of the intra-European mobility nor the advantage of permanent residence in the EC?

void a settlement permit if the alien from one of his nature, not temporary basis emigrating (§ 51 I No. 6 Residence Act) or if the alien left the country is and not entered within six months or a place designated by the immigration authorities again extended period (§ 51 I No. 7 of the Residence Act).

The duration of residence in the EC goes the other hand, only if the foreigner is staying for a period of twelve consecutive months outside of the area in which the legal status of the long term residents be purchased ( territory of EU Member States except United Kingdom, Ireland and Denmark) (§ 51 Residence Act IX No. 3) or for a period of six years outside the Federal territory (§ 51 Residence Act IX No. 4).

can move my family even if I have a permanent residence in the EC and move to another European country?

people applying in the first Member State as family members of long-term residents have the right to accompany the long-term residents in the second Member State or to join. If the family was not in the first Member State was, the Directive 2003/86/EC (family reunification) application. The family members, spouse and minor children generally receive then the holder of the permanent residence in the EC paid employment. The second Member State may deny a long-term residents or their family members to stay only if the person concerned constitutes a threat to public order, public security or public health.

Monday, July 21, 2008

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For local absence for a holiday trip is to coordinate with the agency or the consortium (ARGE) necessary


rule for unemployed local absence due to holidays unemployment compensation or unemployment benefits can not be waived, must register in person or by telephone with us. Due to the absence of local labor supply, there must be no delay, no burst interview and not move any further. If the consent is present, a further payment of benefits for up to three weeks guaranteed. Then you have a relaxing holiday nothing in the way, "says the press officer of the Employment Agency Leipzig Hermann Leistner.

Who goes on holiday without permission lose their entitlement to re-face meeting and has to recover excess money received, including contributions to health and nursing care. Therefore recommend the agency for work and the communities that support for the local absence obtain timely manner.

Sunday, March 9, 2008

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language skills when spouses


The conditions of foreign spouses to live in

Germany are foreigners in § 30 Residence Act regulated.

The amendment to 08/28/2007

the conditions for Spouses

also to German Nationals tightened.

from the German embassies in principle is

provide evidence of German language skills required

and in the form of a language test at the Goethe-Institut

(Start German 1, levels of the European

CFR A1).

exception does not include the evidence of language skills.

That is the case for the following categories of:

is-If the alien is a recognized refugee

and the marriage was already in place, as the alien center of his life

has moved into Germany.

-The spouse is due to a physical emotional or mental illness

not in a position to prove the basic language skills.

-There is an apparent low integration needs of the spouse

or this would have after the resident is not entitled to § 44 of the Residence,

especially because

the stay should not be sustained. From this scheme

foreigners are recorded which have a high school or college degree

or an equivalent qualification.

-The alien may, in accordance with § 41 AufenthV enter without a visa. Including

fall nationals from Australia, Israel, Japan, Canada, the Republic

Korea, New Zealand and the United States of America. Of course

this also applies to nationals of EU Member States. This fall

under the FreizügigkG / EU, so that language skills

be demonstrated.

By decision of 19.12.2007 (ref. 5 V VG 22:07) confirmed the

Administrative Court of Berlin and the current schemes,

allowed the appeal but to express. Remains to be seen the

further developments in case law.

Thursday, February 28, 2008

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latest internal instructions of the BA to VGS

Central SP II 12
process aids for support services for consortium staff of 01.01.2008


For the right circle SGB II apply binding only the legal basis in conjunction with § 16 SGB II
the relevant paragraphs in Book III. Arising from the orders or instructions implementing the BA resulting rules are not binding, but serve only as guidelines, the application for the purposes of the uniform application of law is recommended.

The entries in the computerized systems (MLK-VerBIS/FINAS) be made mandatory!

EDUCATION VOUCHER (VGS)
Legal basis: § 16 (1) SGB II in connection with § 421g SGB III

•  WHAT
The agency provides free coupon for the customer use of a private employment agency
. By mediator must be a written mediation contract closed
, from stating in particular in the event of a successful mediation mediation due compensation.

conveyed more than the voucher amount indicated in the conciliation. The mediation
voucher is valid for three months.
If, during this time from a private broker, with which the contract was concluded
a social insurance contributions in Germany or the EU / EEA

: is (except Switzerland) provides a weekly working time of at least 15 hours, the mediator of the voucher given by the employee.

•  HOW MUCH
The recoverable amount of the VGS is basically 2000 Euro (incl. VAT).
For long-term unemployed and disabled people in the teaching certificate can be issued up to a height of 2,500 €.
The agreed with the private employment agency placement fee is paid directly to the
mediator. That is, the first payment of 1,000 €, after six weeks, the
second installment in the amount of 1,000 € (for long-term unemployed or disabled people in
of up to 1,500 €) paid after six months of existence of the employment relationship
.

•  WHO
a recruitment voucher may, on request, who is entitled to unemployment benefit II and
is not after two months of unemployment within a period of three months taught. A legal right but not the SGB II. The issue of a VGS to
Alg II claimants is therefore in the reasonable discretion of the support of basic insurance.

This is also true in need of assistance, engaged in employment or have previously pursued, promoted as
job creation schemes (ABM) or as a work opportunity (AGH), or was. Who gets
Alg II spiking performance at an Alg I lose, III to its right to claim after the
SGB. The Voucher will be issued by the competent employment agency.

•  FUNDING EXCLUSION

The broker is by the Joint Venture / AAgAw charged with the mediation of the employee (§ 16 SGB II
para 1 in conjunction with § § 37 / 421i or 48 in conjunction with § § 37 SGB III).

The employment contract includes a working week of less than 15 hours or is not
social insurance.

The broker has filed a trade and was not involved in the manner provided for
participation of disabled persons in working life.



The setting is made with an employer, in which the workers within the last 4
years before the registration as unemployed for over three months employment and insurance was
(except for particularly affected severely disabled people).

The employment relationship is limited from the start to less than 3 months.


•  APPLICATION

The VGS may, at the JV / AAgAw informally in person, be requested by phone, mail, fax, e-mail, indicating the reference number. The personal contact / agent may
the VGS unsolicited mail the customer. be closed with the private agencies must
written brokerage agreement with the successful showing the placement due Mediation fee (maximum VGS of the specified amount) must.
The VGS can turn the customer a private employment agency after his election.

ARGE / AAgAw may "advertise" NO private mediator or give only information about it!

Instead, they point to the link list under www.arbeitsagentur.de > Institutions>
private employment agencies.


Central SP II 12
process aids are binding for JV-support services for employees of 01.01.2008


For the right circle of Book II, only the legal basis § 16 SGB II in conjunction with the relevant paragraphs
in Book III. Arising from the arrangements or
implementing instructions of the BA resulting rules are not binding, but serve only as guidelines, the application for the purposes of the uniform application of law is recommended.

The entries in the computerized systems (MLK-VerBIS/FINAS) be made mandatory!


•  ENTRY IN VerBIS
The VGS is posted on the measure and of services (MLK) in VerBIS.
The test of eligibility is based on the selected information in the dialog window. The pictures are printed on BK browser. On the second tab is necessary to whether the requirements according to § 16 para 1 in conjunction with § 421g SGB II, paragraph 2 sentence 2 SGB III.
The reasons for establishing the amount of the VGS in the BK-text-input dialog documented
understandable.

The presence of the conditions of eligibility and the creation of a higher doping
of VGS are understandable by a general statement in VerBIS (customer history) record.

The VGS is fully printed (first printing: available, second printing: VGS).
The VGS is signed and given to the customer / sent.
Payment must be documented in the customer history as a general notice in writing of contact to
.

• 
DECISION AND PAYMENT The payment request and the placement and employment confirmation of the AG were
www.arbeitsagentur.de placed on the Internet.

The payment is made directly to the private employment agency if there are placement voucher,
copy of the mediation contract, payment application, placement and employment confirmation
copy of business registration and the conditions are met.

by intermediaries with business in the EU / EEA is also evidence that the agency was permitted under national law (license or certificate from the competent national Authority).
The payout is equal to
_ 1000, - € for 6-week job and the rest of
_ 1000, - € and up to € 1500, - € (VGS elevated during long-term unemployed or disabled) after 6 months
employment.

Payment must be documented in the customer history as a general notice in writing of contact.

The payment of remuneration to the intermediary in all cases where the VGS was a
Alg II beneficiaries spent to carry out by the method FINAS HB
at the expense of Chapter 1112 Titus 686 13th The booking offices, see the
accounting plan.

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Good news for foreign students at German universities: Upon completion of the course and matching labor supply is issued the permit since 01/11/2007 with no labor market test:

http://www. aufenthaltstitel.de / hschulabszugv.html

with a shortening of the processing time is expected as well.

Monday, January 28, 2008

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self-administration of the Federal Employment Agency

The self-management of the Federal Employment Agency are the Board and management committees at the employment agencies. The Board is the monitoring, advisory and legislative body of the Federal Agency (Statute of the BA). The Board committees are tripartite with representatives of workers and employers and public bodies:

* Committee 1: Strategic decisions, budget, issues of self-government
* Committee 2: Labour market policy, labor market research, cash benefits

The Institute reported in committee 2 in regular intervals on the research and work program and organizational changes at the institute.

results from SGB III projects will be presented at the monthly meetings of local government committees. This is usually done in Committee II, which deals with the topics of labor market policy, labor market research and cash benefits. For this purpose, written submissions are created and discussed with committee members. The topics are approached with an unsolicited from the Institute to the government or taken up at the request of the committee members. The discussions in the local government to ensure a close link of the research to the labor market practice. In this way, practical suggestions are included in existing research or used to develop new projects.

Sunday, January 13, 2008

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recruitment voucher extended to 2010: On 30
November 2007 decided to use the German Bundesrat, recruitment vouchers in the years 2008, 2009 and 2010 as a teaching tool for the unemployed. Each
Alg I get recipients after 2 months (previously 6 weeks) unemployment at the request of a mediation certificate.
In Alg II recipients is still no legal claim. If the placement voucher be denied, we recommend you to be informed in writing to demand and then to go into opposition.