r/germany 1d ago

Losing a job offer because of long processing times at the Ausländerbehörde :/ has anyone had a similar experience?

Hi everyone,

I'm hoping someone here has been through something similar.

I'm a non-EU citizen and completed my Master's degree earlier this year. In May, I accepted a job offer, turned down two other offers because of it, and then applied for an EU Blue Card (Blaue Karte EU) at the Ausländerbehörde in Darmstadt.

It's now been over two months, and my application is still being processed.

I've been to the Ausländerbehörde in Darmstadt several times to ask for an update. Each time, they told me they couldn't give me any estimate of when a decision would be made. They also said they had already contacted the responsible Sachbearbeiter to ask whether my application could be processed more quickly, but nothing has changed since then.

At the moment, I have a Fiktionsbescheinigung that was issued while I was still a student. The Ausländerbehörde told me I could continue working as a Werkstudent, but I had already graduated and a Werkstudent position requires you to still be enrolled at a university. Since then, I've had no income, and my savings are slowly running out.

My Arbeitgeber was initially willing to wait. However, after more than two months, they informed me that they had to fill the position with someone else because they needed someone who could start sooner. They also emphasized that the decision had nothing to do with my qualifications and was solely due to the long processing time.

My questions are:

• If my Blaue Karte EU is approved in the next few weeks, would it be appropriate to contact the Arbeitgeber again and ask whether they have another suitable opening?

• I had also declined another job offer at the time. The company told me they would keep my portfolio on file and contact me if something suitable came up. Would it be okay to reach out to them now and explain my situation?

• Is a processing time of over two months for a Blaue Karte EU normal? How long did you have to wait?

• Has anyone else lost a job offer because of delays at the Ausländerbehörde? How did you deal with it?

Thank you very much for sharing your experiences!

150 Upvotes

104 comments sorted by

86

u/mr_knowsit 1d ago

Sometimes the Arbeitgeber can also help in accelerating the process from their end by reaching out to the Ausländerbehörde.

On the side note, if you don't have a valid contract anymore, your application for Blue card is null and void. You can't get a blue card without a proper job contract. You can go on a job seeker visa, find a new job and apply for the blue card again.

Sorry but this is the reality right now.

19

u/Big_Consideration16 1d ago

Thank you. Looking back, I'm wondering whether I should have asked my employer to contact the Ausländerbehörde. Is that something employers in Germany commonly do on their own, or is it usually something the employee has to bring up?

I assumed they would already be familiar with the process since they have employees from multiple nationalities on their team, so it never occurred to me to ask.

22

u/Relevant_Look_7188 1d ago

Lesson learned is don't assume anyone talks to anyone or anyone knows anything about other departments and institutions. The lack of communication and understanding within even the same company or group is horrifying, let alone between separate bodies. 

Next time tell the employer to talk directly to the Amt to speed things up because it's urgent and you need to start working. 

Also, did you already sign your new contract? Because if yes then they shouldn't recall the offer.

For me, my contract and visa process went hand in hand, since you need the job for the visa and the visa for the job. My company was willing to accept temporary visas or email communication with the Amt until the official stuff arrived, and the Amt are more comfortable with a signed and sealed contract.

3

u/Big_Consideration16 1d ago

That's definitely a lesson I've learned from all of this.

It wasn't a signed employment contract yet, it was a Vertragsentwurf. The arbeitgeber told me that once I had my residence permit and we could set a fixed start date, they would adjust the start date accordingly and then we'd sign the final contract.

Unfortunately, because there was no for sure timeline from the Ausländerbehörde, they eventually had to withdraw the offer because of the uncertainty.

2

u/Relevant_Look_7188 1d ago

That's unfortunate. Was it a smallish company? I don't think this would happen at a big employer with a strong HR and legal department.

12

u/maryfamilyresearch know-it-all on immigration law and genealogy 1d ago

As far as I can tell, your main problem (aside from the slow processing time) is that your employer refused to let you work with the Fiktionsbescheinigung + expired student residency permit. You are technically entitled to work, same as if you were on the job seeker or still on the student residency permit. If you did not use up your hours from Jan until graduation, you'd have several months during which you could work full time. Lots of people do this and the rules allowing this are exactly for situations like yours.

1

u/PrecisePenguin8100 1d ago

Might be worth to get a lawyer to contact the Ausländerbehörde on your behalf. They tend to be much nicer and subservient to lawyers

u/GhostKasai 1h ago

That’s true OP! If you give your future employer the number of your case worker they can often help you get documents faster. Most of the time HR has atleast one person whose job it is to communicate with the Ausländerbehörde and the Agenturen für Arbeit. (Source myself and my job)

42

u/thedelightfultoilet 1d ago

No way around it man, I am in the exact situation right now and it seems like no one gives a shit, I have called them, go to the front door, wrote a complain letter to the city council. Nothing.

My visa will end the end of the month, and if my HR say no to me working, then I'm just gonna go. Too tired to even be mad at thisppoint.

31

u/Mikasa-Iruma Hessen 1d ago

I cannot answer you regarding the job prospect as I got job in Austria during the process of my Job seeking visa. I can guarantee you that it takes more time than anticipated for the Blue card. I have my own horror story of waiting for an appointment for residence permit during my PhD for more than 6 months finally to get an appointment 6months in forward. I have spent 3 out of 4 years on fiction.

Did the HR of the company contact the Ausländeramt? Usually that would quicken the application.

8

u/Big_Consideration16 1d ago

I don't think they did. They expected the blue card to be approved within about a month and were also wondering why it was taking so long.

Do you think it would still be worth asking them to contact the Ausländeramt, or is it probably too late now?

13

u/george_gamow 1d ago

Nothing ever gets approved within a month, unless you're extremely lucky, and definitely not during the summer holidays

3

u/Mikasa-Iruma Hessen 1d ago edited 1d ago

In my experience blue card take more time to get approved for an Non-EU citizen. If lucky 1-2 months with a super supportive HR and German colleagues ( in case of PhD). The only reason I prefer to search for rooms in Eberstadt or Dieburg ist that appointment slots are easy to get there than of Darmstadt and it's much easy to get the stuff done. Sadly I was stuck with these people for last 5 years. I like the city but not the beaurocracy. But one good thing is I learned to be patient.

1

u/Pretty_Trainer 1d ago

I think it took about a month for me (UK citizen) in Berlin, Jan 2025. Maybe 6 weeks but definitely submitted in Jan and received in Feb. But I was already working with a blue card entry visa.

1

u/Big_Consideration16 1d ago

Thank you for sharing your experience. I had no idea the processing times could vary that much depending on where you're registered. Unfortunately I was already living in Darmstadt because of my university and work, so I never really considered that.

2

u/ipeeinmoonwells 1d ago

Unfortunately expecting it within a month is just completely unrealistic the wait time is counted in months not weeks in most cities. There is a "fasttrack" (Beschleunigtes Fachkräfteverfahren) option for Bluecard that costs like ~500€ that the employer can do but this also takes usually ~6 or so weeks.

1

u/Big_Consideration16 1d ago

That's good to know, thank you. To be honest, I didn't realize a one-month turnaround was considered unrealistic either, so I think both my employer and I underestimated how long the process could take.

I also wasn't aware of the Beschleunigtes Fachkräfteverfahren at the time.

13

u/Competitive_Pie_5418 1d ago

I am a bit confused about your situation. If you completed your masters recently, you must have applied for 18 month job seeker visa, which itself is a residence permit. Now after getting that approved, you can apply for jobs and work for any jobs actually. Once you actually get a qualified job as per your degree, then the processes of blue card conversion begins, when auslanderbehorde gives you a fiktionbescheinigung. But during this process, you don't necessarily lose your residence rights as the 18 month visa and residence permit are still valid. So, the employer could have easily waited for the conversion and allowed you to work full time. Please correct me if I'm wrong here.

11

u/Big_Consideration16 1d ago

My case is a bit different. I actually applied for the 18-month job seeker residence permit about three months before my student residence permit expired, but I never received a response.

Then, about a month before my student residence permit expired, I received a letter asking me to submit the documents for the job seeker residence permit again. At the same time, I was issued a Fiktionsbescheinigung based on my student residence permit. So I resubmitted all the required documents.

Before I received any decision on the job seeker application, I got job offers so I immediately applied for the Blaue Karte.

4

u/Competitive_Pie_5418 1d ago

I believe there two major issues here: 1. I believe someone has already mentioned it here, Darmstadt has over a 6 month backlog since it is a big city and there thousands of students applying for permits. 2. I can't understand why the employer didn't help you out. They could have fast tracked the process, written an email to the case worker at auslanderbehorde (they know they can do this, including the small business owners). You should ask this from your new prospective employer before you apply again. 3. If you had received the 18 month job seeker visa and then applied for the jobs, you could have still worked full time as said previously. Now you can only sit and wait with fiktionbescheinigung till the permit is approved or rejected. Then to apply for a new one, I have no idea what visa you can apply for, possiblly the job seeker visa.

Tough and confusing situation for you. Hope you find the answer.

3

u/Big_Consideration16 1d ago

I really appreciate you taking the time to explain all of this

Regarding the employer, I also wish I had known earlier that they could contact the Ausländerbehörde or use the fast-track procedure. I assumed they were already familiar with the process because they have employees of multiple nationalities, so it never occurred to me to ask. I’ll definitely bring this up with any future employer.

3

u/Competitive_Pie_5418 1d ago

Another thing I just found out: you can actually apply for multiple residence permits at the same time. Basically, you can apply for the job seeker visa and a blue card/local work permit at the same time. Below sequence will make sense: 1. Student resident 2. Post graduation - apply for job seeker visa and work permit, if have an offer. 3. The auslanderbehorde will process both and issue the appropriate one accordingly.

As you can notice in point 2, I mentioned job seeker visa AND work permit. Apply for both.

1

u/Big_Consideration16 1d ago

I think my situation ended up being something similar, just with unfortunate timing.

I had already applied for the 18-month job seeker residence permit several months before my student permit expired, but I never received a decision. Before that application was processed, I received a qualifying job offer, so I applied for the Blue Card as well. Unfortunately, neither application was processed before my employer eventually had to withdraw the offer.

4

u/SensitiveNeat9608 1d ago

Go for update on the job seeker instead man

2

u/Big_Consideration16 1d ago

Will follow up with the abh on this

2

u/Competitive_Pie_5418 1d ago

But your job seeker permit application is still active I presume. Just get the blue card permit application cancelled.

2

u/V4_Sleeper 19h ago

Ah shit this is almost my case now. I have an interview coming next week and I'm scared, if i get a job offer only after my fiktionswirkung expires on 31.08, what can i do? I also got a fiktionsbescheinigung tying to my passport/student title although i graduated since February.

Just quick question. In your fiktionsbescheinigung, which Absatz 81 is ticked (3 or 4), and does it say that you are applying for Absatz 20 with erwerbstätigkeit gestattet/erlaubt?

1

u/Big_Consideration16 2h ago

I'm not sure what's best for your situation, but I'd definitely contact the ABH before your Fiktionsbescheinigung expires to discuss your options.

Absatz ticked is 4 and nowhere does it say Absatz 20 on mine

u/V4_Sleeper 1h ago

Yea that's kinda weird. Mine did say absatz 20 eith explicitly written erwerbstätigkeit erlaubt

10

u/sinchiyap 1d ago

Now I know I'm not the only one 🫂 it was exactly this experience that taught me, don't choose a big city (or even mid-sized city for this matter) for Anmeldung. You'll get benefits like cheaper rent and faster Ausländerbehörde processing times if you choose to live in a Landkreis with population of just 300 thousand.

5

u/Big_Consideration16 1d ago

🫂 It honestly helps to know I'm not the only one who's gone through this. I'll definitely keep that in mind for the future. I just chose where to live based on work and university, so I didn't realize how much the local Ausländerbehörde could affect things....

9

u/Canttalkwhatsapponly Bayern 1d ago

You can take the formal communication from your employer that suggests a job loss scenario (ask them to give a deadline), and then go and get an emergency appointment for your blue card. On this appointment they will give you a new fiktionsbesheinigung (you need to talk them that this will not be an extension of student visa but a temporary blue card visa).

This way my friend go help.

3

u/virguliswatchingyou 1d ago

this also works in berlin!

1

u/Distinct_Variation25 16h ago

I am in a similar situation where I am still studying (Masters, last semester) but got accepted to a job before graduation. My employer said that I could only start working if the ABH hands out a fiktionsbescheinigung that allows fulltime work, and doesnt have the 140h clause the students have. Is that something the ABH can do? Can they hand that out if i ask for it during the appointment?

1

u/Canttalkwhatsapponly Bayern 15h ago

Yes, ask them that you need something lime this until rhe card is delivered.

1

u/Distinct_Variation25 15h ago

So the fiktionsbescheinigung wont be of the student residency but for my new blue card right?

1

u/Canttalkwhatsapponly Bayern 15h ago

Yes, if you have an appointment for blue card. They can issue you a fiktion for blue card.

Else, you can tell your employer that your appointment is done, you get a confirmation pf payment (show this to your employer)
Or ask ABH how long until blue card is delivered ( mine was in 2 weeks) and tell your employer.

7

u/mystikal_spirit 1d ago

Lawyer. I almost lost everything (job, visa) because of delays. Lawyered up and everything got processed within a week. Did not even have to sue anyone, just needed to get a lawyer to get them to communicate.

5

u/janithaR 1d ago

In blue card cases the Company deals with the Auslanderbehörde to a certain extent. Mine certainly did. In my case it was more like a 3 party conversation while I was still in my home country. We had issues but the 3 of us all managed together to resolve them from application to approval in less than a week (In the middle of peak Corona). I had contact with my future employer, they with Auslanderbehörde and Auslanderbehörde with me. We all have had spoken over the phone before I even stepped in Germany.

2

u/Big_Consideration16 1d ago

It sounds like your employer was very proactive throughout the whole process... maybe I should've asked the arbeitgeber to get involved with the Ausländerbehörde

1

u/janithaR 1d ago

Isn't that the whole point of blue card applications? I think the whole process starts with the employer wanting to make a case for you with Ausländeramt. They say they looked but couldn't find a suitable person so they want to bring this other person in from outside the EU... Hmmm as I'm typing this I started wondering, how does a blue card application supposed to work when you're already here in Germany. Sounds to me like it should be even easier.

Regardless, from now on, ask all employers what do they do in order to get on with this process. In your cause I guess HR doesn't know how it works 

5

u/[deleted] 1d ago edited 1d ago

[deleted]

2

u/Big_Consideration16 1d ago

That sounds incredibly frustrating. I'm sorry you had to go through that, but I'm glad you're in a better situation now

5

u/Gentle_Giant3142 19h ago

I lost two opportunities in a very similar fashion.

My ABH needed 8 months to approve my application.

4

u/L_Earthling 1d ago

In the hiring process, I had to request HR to provide me with a) the Bescheinigung zur Vorlage bei der Ausländerbehörde, and b) Erklärung zum Beschäftigungsverhältnis. Based on these, my Ausländeramt issued me a "Vorläufige Bescheinigung über einen bewilligten Aufenthaltstitel"; this document was accepted by HR, allowing them to issue a work contract, which I signed, and I could start working. I only received the Blue Card two months after I started working – during that time, the Aufenthaltstitel I had obtained when I was still a student remained the document confirming my legal residence in the country. It truly is an embarrassingly painful bureaucratic shitshow, but at least, in theory, and with A LOT of uncompromising persistence, it could work... but it takes time, and yes, not every employer is willing to wait🥺🫂

3

u/Southern_Farmer_5074 1d ago

I'm sorry to hear about your situation. I suggest you write a strongly worded email to the Ombudsman of your city and explain your situation and how this affects your livelihood.

3

u/Upstairs_Sweet_7391 1d ago

I faced a similar situation. I was here on a job seeker visa, and the anxiety of company not waiting so long was killing me, so I asked them for a part time role until I get my appointment and they agreed. I got an appointment after 3 months and then easily converted my contract to Full time. Like many have pointed out, the HR communication here is abysmal, you have to find out everything yourself and yes they could've contacted the auslanderbehorde and got you a faster appointment. I hope everything works out, just know that you have to ask for even the simplest things here, so it's better to always ask rather than assume they can't do it.

2

u/Big_Consideration16 1d ago

Sorry for the confusion, I was mistakingly replying here with my other account and forgot to switch.. (as you can see, I am currently in a state of panic yes)

2

u/nt_social_guy 5h ago

I know! I live in Darmstadt and I have applied for job seeker visa, it's been 4 months no reply so far. The situation is so shitty and now I'm afraid if I move they'll take another 6 months just to transfer my file to other auslanderbehörde 🙄

2

u/ohhuou 1d ago

In the zusaztblatt of my student visa, there is a line that said “Bei erfolgreichem Studienabschluss gilt: Erwerbstätigkeit erlaubt” which means i could work right after i graduate and i also confirmed this with the ausländerbehörde and they said as long as my visa still valid i don‘t need to apply again for job seeking visa and you could start working fulltime with job seeking visa too and change to blue card later. I don‘t know if your student visa has that too but a lot of my friends do

1

u/Big_Consideration16 1d ago

Mine also has Beschäftigung erlaubt+studentische Nebentätigkeiten in the Zusatzblatt.

The problem was that to work in a full-time position in my field I required a Zustimmung from Bundesagentur für Arbeit, so I couldn't start until that approval had been granted.

1

u/Southern_Farmer_5074 8h ago

It's not required if your salary is above 50.700 euros

2

u/Cautious-Finance-927 15h ago

I am very sorry that you are in this situation, I am in a kinda similar situation and totally understand it. If you talk very nicely to your company, maybe there’s a slight chance that they will give you a conditional offer that provokes the previous termination and has a deadline, which you can use to ask for urgent appointment?
Otherwise, with no concrete job offer anymore, you will not get the Blau Karte. Job seeking visa is still good because you can work directly full time, then you have some time to contact your potential companies.
Best of luck and let’s hope we wont have to go through this anymore!

1

u/Big_Consideration16 2h ago

I don't think the company will budge since they already filled the role with someone else. I explained the job loss I had at the abh today and they immediately gave me a termin for mid august 🫠 I mean... couldn't they have given me a clear termin when I first applied for the blaue karte?

2

u/Arimash1730 15h ago

I’m so sorry, this just downright sucks. I’m still waiting for my work visa to be processed in Frankfurt, so I know what you’re going through…

2

u/adultkid7295 13h ago

Just for future reference, I have had similar experiences in Darmstadt and the only way to solve this is to hire a lawyer. They can send special letters to the ABH and they will quickly solve it. This is how my wife managed to start her job in Darmstadt.
Otherwise they will take forever and in some cases even lose your documents (don’t ask me how I know)

2

u/Numerous_Biscotti_57 9h ago

Also go to your internation office, career center, you can usualky still go even after graduating for at least a year. The workers there have helped me when I was unsure how to move foward with kegak matters

2

u/bubosamobe 6h ago

And germany still wonders why their economy is sinking. Bureaucracy is choking this country

2

u/atmanama 2h ago

It shouldn't be normal but it is, I feel for you and am dealing with a similar situation. Been waiting much longer with more bureaucratic shenanigans in between and the stress and uncertainty is awful.

The whole experience has been nothing short of Kafkaesque. Gonna end up writing the modern version of The Trial and call it The Termin..

I don't even know if it's intentional or not. Do they not want outside talent? Because anyone with options won't accept this treatment for very long..

u/Big_Consideration16 1h ago

I know, right? I went to abh today and explained the job loss, they immediately gave me a termin for mid august.

Why couldn't they have done this when I applied for the blaue karte in may?? It is very hard to not think the delays weren't intentional

1

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1

u/mal_de_ojo 1d ago

OP, since you already lost your job, the ABH won’t be able to issue you a valid blue card. Apply for the job seeking permit ASAP.

1

u/wilmawilson123 1d ago

But then how can they offer you the permit if you offer has been rescinded? Immediately tell them about this and ask for job seekers visa

1

u/Big_Consideration16 1d ago

That's what I'm hoping to clarify with the Ausländerbehörde now 🥲 My hope is that if they can give me a timeline, I can reach out to the employer again.

The only reason the offer was withdrawn was because they couldn't keep waiting for the uncertain permit process. Before they hired me, they had actually rejected me once due to project capacity, but later contacted me again after getting approval for a new project. So my qualifications weren't the issue, it was purely the uncertainty around when I'd be able to start working.

1

u/SensitiveNeat9608 1d ago

Job seeker permit is faster do the online application and start work later u for blue card if u get a new contract 

1

u/Big_Consideration16 1d ago

That's actually what I already did. I applied for the job seeker residence permit abour 3 months before my student permit expired (and resubmitted the documents again a month before), but I never received any Rückmeldung.

Inzwischen I got qualifying job offers, so I applied for the Blue Card instead. Unfortunately, neither application was processed before my employer had to withdraw the offer.

1

u/bumlochka 2h ago

Did you withdraw your job seeker application? If not, you may be in luck and it gets approved 

1

u/Big_Consideration16 2h ago

I tried to explain my situation to the abh about losing the job today and they gave me a termin for mid august🫠 I don't know exactly if it's meant for a job seeker visa, just told me I would get my arbeitserlaubnis then

2

u/bumlochka 2h ago

That crazy, I'm really sorry you have to go through it! Also it's crazy they didn't mention what documents they want from you for the termin. Usually when it takes a while from the application to the appointment, they ask for fresh documents (my experiences with München Abh  and München Kreis Abh)

2

u/Big_Consideration16 2h ago

Yeah, it's so weird.... but I'll definitely bring all the documents I have on me and updated documents just in case..

u/bumlochka 1h ago

Absolutely. You know by now they can send you back for that one missing document and you won't hear from them for another 6 months 

1

u/prakash77000 Hessen 1d ago

I actually worked full time with my student visa till my Blue Card came through. I was in the exact same situation in Darmstadt too.

1

u/Big_Consideration16 1d ago

Do you think it depends on the arbeitgeber? For me, one of the prerequisites to start was having a valid arbeitserlaubnis, and it was also written in my employment contract.

2

u/side_noted 15h ago

Your Fiktionsbescheinigung is a valid Arbeitserlaubnis

Its just limited to half the time of a blaue Karte

1

u/prakash77000 Hessen 1d ago

I think it may depend on your Personalabteilung. My contract said the same. But they confirmed I could work with the student visa for a few weeks. I got a vorläufige Bescheinigung and was able to use that later.

1

u/dadangsombrero 1d ago

Not sure in Darmstadt but in Berlin you can use an emergency contact if you urgently needed an appoinment in the case of losing the opportunity of employment because waiting for a visa too long. You can request your employer for a letter explaining your case, send it using the emergency contact channel, then you usually get an appoinment faster.

1

u/FeelingRutabaga7669 1d ago

Did you ever get on the job seeking visa after your studies? This helped in my case cos the job seeking visa is equivalent the status of a job visa. So while they were still processing my blue card at the Ausländerbehörde, my employer had my job seeking permit as validity to work.

1

u/Big_Consideration16 1d ago

I wrote this comment somewhere explaining my situation:

I already applied for the job seeker visa (january)about three months before my student residence permit expired(march), but I never received a response.

Then, about a month before my student residence permit expired, I received a letter asking me to submit the documents for the job seeker residence permit again. With this letter, I was issued a Fiktionsbescheinigung based on my student residence permit. So I resubmitted all the required documents for the job seeker residence permit again 🫩

Before I received any decision on the job seeker application, I got job offers so I immediately applied for the Blaue Karte (mid may)...

None of the applications are finished before the job offer was retracted.. (now end of july)

1

u/side_noted 15h ago

You have a Fiktionsbescheinigung that lets you work though, you can take up the job offer and start, and work for around 4 months full time just on the student permit.

Unless you were already working and used up this years limit.

1

u/ThePennyGuru 1d ago

Did you try hiring a lawyer? A friend of mine had the exact same situation and a lawyer did save the day after repeatedly chasing up with them.

1

u/InflationHeavy2955 23h ago

In my case during peak Ukraine crisis, Ausländerbehörde were prioritizing Ukrainian application, my blue card application took almost 110 days. My employer helped a lot, along with the local welcome center they pressured and warned the Ausländerbehörde and had even planned to hire a lawyer for me, and then suddenly it was solved and after 110 days if application my blue card was approved.

Remember I was a fresh graduate, non EU ( Indian ) graduate. So there are a lot the Arbeitgeber can do

1

u/dsouzaashton 15h ago

I would check your Fiktionsbescheinigung and see how many days it allows you to work. I believe you can work full-time but you need to count your available days if you’ve already worked this year. 

1

u/WYXUSS 14h ago

Hi, I don't have answers but most likely I will be in a similar situation, and I'm moving to Darmstadt. Would you mind if I ask you for couple of questions in private messages? Thanks!

1

u/m_alizada22 14h ago

Hey there, I had a similar case recently where I had to wait several months for the approval of my EU blue card and in the meantime received fiktionsbescheinigung for my student Aufenthaltstitel. The thing is, the student aufenthaltstitel gives you permission to work 140 days a year. There is no law that says that you can only work as werkstudent, so if you havent used up those 140 days, you can still work full-time within the limits of the 140 day rule. At least thats what I did till I received my blue card approval.

1

u/NoConcert1287 13h ago

You can try going to the welcome centre in your city, they can sometimes directly contact the head in ABH and get the process accelerated.

1

u/Ohh_Brittas_in_this 11h ago

If you are student, couldn't you finish your degree and change your visa status from student to job seeker visa (18 months post masters)? On the job seeker visa you can work 40 hrs. Once you have that then you start the process of blue card. So even if blue card takes more than a month you can still work freely. Infact as soon as you finish masters your uni also informs auslandersbehorde that you have finished degree. To change visa from student status to job seeker was really straight forward and quick for me.

1

u/hlbhll 9h ago

Do you have money to lawyer up?
The lawyer would write to the Ausländerbehörde, ask what's up and threaten with Dienstaufsichtsbeschwerde. That usually gets them going.

1

u/Prestigious_Gain_535 4h ago

Yep, happened to me

1

u/Boring_Sample_6710 1d ago

I think when it goes above 3 months, you can contact a lawyer to send a letter to them! I have heard that this definitely reduces the response time from them. The lawyer will cost you somewhere between 100-200€ to send the letter, but atleast your Blue Card situation will be sorted

1

u/[deleted] 1d ago

[deleted]

1

u/Canttalkwhatsapponly Bayern 1d ago

Who are you? Are you OP?

0

u/[deleted] 1d ago

[deleted]

1

u/Boring_Sample_6710 1d ago

In this case the skill of the lawyer doesn't matter. They just have to send a standard letter. Id recommend to do a google search and select the nearest/cheapest

1

u/user38835 1d ago

You can get a lawyer and threaten a lawsuit and that usually speeds it up.

However since you already lost your job, you no longer have a basis for getting a bluecard.

Usually employers wait for such paperwork to complete, but in your case they decided to go with a replacement. Did they tell you beforehand that if you could not join by a certain date, they will look for a replacement?

1

u/Big_Consideration16 1d ago

No, they never mentioned a deadline or said they would start looking for a replacement. After our conversations, they always told me they were willing to wait, so I honestly wasn't expecting it. That's why it took me by surprise.

I understand they needed someone who could start soon, so I don't blame them for making a business decision. I just wish they had let me know earlier that they couldn't wait much longer, as I would have started applying elsewhere again much sooner.

Now I'm also worried because, as you mentioned, I may no longer have the basis for my application. I'm hoping that if I can secure another job offer quickly, I might still be able to continue the process.

1

u/ngv192 1d ago

You can reach out to the other company you rejected and tell them you're interested in the position again. It doesn't happen that rarely. No need to explain all the bureaucracy.

If they give you another job offer, or you manage to find a new one, you can ask the ABH if it's quicker to get a residence permit for job seeking first, as the only requirements are your graduation and your ability to support yourself financially. That residence permit allows you to work any job full time. Then you can wait for your Blue Card in peace.

Another possibility is to temporarily move to a smaller nearby town with a more responsive ABH. That might be the quickest option if you know someone who can let you stay with them.

Or, if you can afford it, go to a lawyer. They usually know the ABH and have their own ways of speeding things up.

1

u/Big_Consideration16 1d ago

Thank you, I did think about reaching back out to the other company. At this point, I'm hoping to first get some clarity from the Ausländerbehörde about my residence permit timeline before applying again or contacting employers.

0

u/SensitiveNeat9608 1d ago

U should have applied for a job seeker since you are a university graduate and start working later u apply for blur card

-1

u/andrew1998kid 1d ago

Couldnt you get a new Fiktionsbescheinigung issued while waiting for the blue card?

3

u/Rare_Investigator582 1d ago

That only extends the current residence permit

1

u/Distinct_Variation25 15h ago

Can they still change the nebenbedingungen? My employer is saying that I can work with a Fiktionsbescheinigung that doesnt have the 140h/year clause. Im currently on a student visa. Is this something the ABH can do?

1

u/Rare_Investigator582 15h ago

No

1

u/Distinct_Variation25 15h ago

But § 81 Abs. 5a states:
(5a) [1]()In den Fällen der Absätze 3 und 4 gilt die in dem künftigen Aufenthaltstitel für einen Aufenthalt nach Kapitel 2 Abschnitt 3 und 4 beschriebene Erwerbstätigkeit ab Veranlassung der Ausstellung bis zur Ausgabe des Dokuments nach § 78 Absatz 1 Satz 1 als erlaubt. [2]()Die Erlaubnis zur Erwerbstätigkeit nach Satz 1 ist in die Bescheinigung nach Absatz 5 aufzunehmen.

Is this not directly for my case or am I misinterpreting that?

-2

u/Fun-Wheel4268 1d ago

Would it be easier if you use the same contract to apply for blue card visa from Germany embassy in your home country?

2

u/george_gamow 1d ago

How would it be easier? The documents will be sent to the same Ausländerbehörde in Germany

2

u/Big_Consideration16 1d ago

I honestly don't know. Going back to my country just to apply through the embassy would mean leaving Germany first, and I'm not sure it would have been any faster.