How to declare job termination to the Ausländerbehörde - for a D Type visa holder
My Situation
I arrived in Germany from a 3rd country (Turkey) with a Type D visa (81A 18G) on September 29, 2024 after signing a contract with a company in Munich and started work on October 7, 2024.
On November 11, while I was in the probation period, I received a signed termination letter from my company (insolvency of contractor). Due to the type of visa I have, I made a “UA35 Notfalltermin / Emergency Appointment” appointment at the Munich Auslanderbehörde:
(What is an emergency / Online appointment in case of emergency)
https://stadt.muenchen.de/en/info/faq-foreigners-office.html
The reason why I choose an emergency appointment with the UA35 type was that “job loss” is listed as an emergency on the website and job loss is also leads to the termination of the residence permit. In addition, I haven't applied for the residence permit yet, I know it has 3 months, I haven't had the chance.
It took 1 week to get an appointment online. When I went to the appointment, the officer told me that my visa is still valid (1 year visa) and that I should apply for a residence permit before my visa expired. She also said that I should apply for a Blue Card. They would get back to me with an appointment date. This confused me a lot because it is written in many places that the Auslanderbehörde must be informed about the job loss within 2 weeks. I repeated several times that my contract has been terminated but she renewed that I have to fill in the Residence Permit form.
My questions are as follows;
1- Since I ticked the box indicating "I am looking for job" when filling out the Residence Permit form, will I be deemed to have informed the Auslanderbehörde that I am unemployed? (4. Workplace suche)(Edited for clarity) Also I added a letter to the attachments that explains the whole situation with my personal information in it.
2- If I am going to use the Residence Permit form, do I fill out the form and use the address below to upload the additional documents using the path;
https://service.muenchen.de/intelliform/forms/01/02/02/abhkontakt/index
I would like to submit an application -> Issuing or extending a residence permit -> Expired Schengen visa.
- Ich möchte einen Antrag stellen.
- Erteilung oder Verlängerung eines Aufenthaltstitels
- Abgelaufenes Schengenvisum (Edited for clarity)
Form: https://stadt.muenchen.de/dam/jcr:c38c3e57-d9ed-4917-b2b5-229f7f008e4c/Antragsformular.pdf
3- or, should I submit the PDF form by another seemingly irrelevant way since this is a question page;
I have a question –> Issuing or extending residence permit -> Stay for employment -> I’m a professional -> Job search -> For academic professionals (Blue card)
- Ich habe eine Frage.
- Erteilung oder Verlängerung eines Aufenthaltstitels
- Aufenthalt zur Erwerbstätigkeit/ Arbeit
- Ich bin eine Fachkraft
- Arbeitsplatzsuche
- Für akademische Fachkraft (Blaue Karte EU) (Edited for clarity)
4- Which documents should I attach to the form?
5. What is the e-mail address or postal address to send to, which one do you recommend?
Thank you so much, I hope this would guide other people too in advance.
* I Used the both path and uploaded the attachments (0-10) below;
Decription Text:
Ich bin AAA und möchte als Inhaber eines Visums vom Typ D (81A 18G) die Ausländerbehörde über die Beendigung meines Arbeitsvertrages informieren.
In der Anlage finden Sie meinen Antrag auf Erteilung einer Aufenthaltserlaubnis für den Zeitraum der Arbeitssuche. Ausführliche Informationen entnehmen Sie bitte dem beigefügten Schreiben “0-Brief_an_die_Ausländerbehörde”.
0- Informationsschreiben (0-Brief_an_die_Ausländerbehörde.pdf)
1- Reisepass (1-Passport_20241122.pdf)
2- Kündigungsschreiben (2-TerminationLetter.pdf)
3- Arbeitgeberbestaetigung (3-Arbeitgeberbestaetigung_DE.pdf)
4- Krankenversicherung (4-Insurance_TK.pdf)
5- Bankkontodaten (5-Bank_Account.pdf)
6- Neue gemietete Wohnung, bezahlt (6-ResidenceBooking.pdf)
7- Antrag Aufenthaltstitel Digitale Kopie (7-Antragaufenthaltstitel_Filled_Digital.pdf)
8- Antrag Aufenthaltstitel unterzeichnet (8-Antragaufenthaltstitel_Filled_Signed.pdf)
9- Biometrischen Passfoto(9-BiometricPhoto.jpg)
Reply (7)
Dear @avio_soul , thank you for getting in touch. @Faire Integration BB Do you have any tips for @avio_soul ? Best Barbara
I've updated the original post for a better clarity. I've already used the both ways that I was trying to confirm, and also sent a physical letter with attachments that I listed, to the Auslanderbehörde.
Post Address
Landeshauptstadt München
Kreisverwaltungsreferat
Hauptabteilung II Bürgerangelegenheiten
Ausländerangelegenheiten
Service-Center für internationale Fachkräfte
Ruppertstraße 19
80466 München
I'm in a very difficult situation, could anyone confirm this process? I do really want to align with the laws but it's not clear for me. I cannot concentrate on the job search process.
Hi @avio_soul , sorry for the late reply. You mentioned that you already did both ways and send a physical letter, that is great!
Unfortunately, we do not know the details of how the office in Munich works. In my eyes you did the correct things.
In general, you have up to 3 months to apply for the residence, one should apply for the residence as soon as one arrives to avoid issues.
You mentioned several times to the case worker that you have lost your job, also your employer needs to inform them. So I would not worry about this.
We also had very similar questions to people who are in the similar situation as you. Maybe this thread will also help you. Feel free to connect with the people and ask them about their experience: https://handbookgermany.de/en/forum/thread/questions-about-work-contract-termination-and-its-impact-visa#root
What could happen is that you are issued a “Fiktionsbescheinigung” It is important that you start looking for a new job as soon as you can.
Maybe @Faire Integration in Schleswig-Holstein has some further info for you.
If you have further questions, please let us know.
Best wishes
Hello Yara,
Thank you for your answer. I've seen that post, it was also helpful.
I have another question now, which is also generally important.
Am I eligible to change country since I have a 1 year D type (81A 18G) visa on my passport?
I wanna have a vacation to an EU country on Christmas, between 21 - 31 December. Is it possible? Do you think there would be an obligation while waiting for an answer from Auslanderbehörde? On public holidays at least?
Thanks again.
Hello @avio_soul ,
if you lose your job, the EU Blue Card will be limited in time under administrative law. In this context, the approval of the Federal Employment Agency may also have to be obtained. Following this, a residence permit can be issued for a maximum of six months in order for the person to look for a job, in line with Section 18c Residence Act (AufenthG). During this time, you must secure a new job that matches your qualifications. As soon as you have been offered a job, you drop by the Ausländerbehörde with the new contract and is then issued with a fresh employment permit.
Best wishes
Assal Behnam (Faire Integration in Schleswig-Holstein)
Hello @avio_soul , great I am happy the thread was helpful.
I am assuming you have already applied for the residency and are waiting for the plastic card, correct? It’s important that you do this within 3 months of arriving here. In general, you can travel with a valid visa.
Please note your residence should be valid for at least the next 6 months when you travel.
If you have received a "Fiktionsbescheinigung" you need to double check if this allows you to travel or not.
Best wishes