I was issued a national D visa under Section 18b (2) of the Residence Act (AufenthG) in August 2023 to work in Germany. This visa expired in February, and I was issued a fiktion certificate in March. Now, I've heard rumors about potential layoffs in my company in the coming week. I have a notice period of three months.
During this notice period, am I allowed to look for another job? And after my notice period ends, can I legally work for a different company even though my visa has the name of my current employer on it? What steps should I take to maintain legal residence in Germany?
Additionally, considering my situation, would I be eligible for unemployment benefits? Any advice or insights would be greatly appreciated. Thank you!
Hello newhere_ thank you for reaching out to us regarding your question.
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Once you receive a visa it’s important to apply for a residency with your local immigration office, usually within three months. Then you will be issued a plastic residency card.
As far as I understand you have received the visa for a skilled worker and have your visa in the passport but not yet applied for the residency or received the plastic card and have now received a Fiktionsbescheinigung.
If you get let go from your current job, it is important that you inform your immigration office and ask for a job seeking residency, as soon as possible. This is usually granted for up to 6 months. During this time, you can look for a job. One of the main requirements for a job seeking residence is that you can cover your living costs.
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In case you want to work with a new company you will have to receive permission from your local immigration office.
In general you will need to ask the immigration for permission to work in a new company if:
-Your visa is tied to a specific company
- You have worked for that company for less then 2 years
-If you have been in Germany with a residency for less then 3 years (excluding your study period)
You should make sure the new job fulfills all the requirements for a skilled job residency and then hand in your new contract to the immigration office.
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Unfortunately, you only receive employment benefits if you have worked for more than 12months.
We also have experts on our forum on work related topics, maybe Faire Integration Schleswig-Holstein also has additional information.
If you want to let me know what city you are in I can also help to find the immigration office that you should contact.
If you have any further questions, please let us know, we are happy to help.
Best wishes
Hello newhere_,
we do not have a lot more to add to the information already given by Yara _Community Manager. We want to offer you though to send us your working contract and the termination of it, if you are really being layed off. We can check if the termination of your contract is legitimate.
Moreover, we would suggest you requesting an employment reference ("qualifiziertes Arbeitszeugnis").
As already correctly stated, you are not eligible for receiving unemployment benefits, if you haven't worked for at least 12 month here in germany. However, you can still contact the "Agentur für Arbeit". They can send you ads for vacant jobs that might interest you.
If you have trouble finding a new job, you might be eligible for social benefits. For that you have to contact the Jobcenter.
Best regards
Faire Integration in Schleswig-Holstein