Withdrawl Agreement Question Help
Mar 10th 2021, 1:12 pm
#16
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Joined: Jan 2021
Location: Deutschland, Hessen
Posts: 8
Re: Withdrawl Agreement Question Help
From what you've said so far, i.e. that you were only employed for six months and that your employment ceased 18 months ago, my understanding (I'm not a legal expert) of the FreizügG/EU § 2 (3) (http://www.gesetze-im-internet.de/fr...eizügG_EU.pdf) is that you would by now have lost any claim to residency based upon your employment status, even if Brexit hadn't happened.
Under the FreizügG/EU, you can do that for (up to) six months after losing your job if your job was for less than 12 months. You've now been out of employment for 18 months.
There is a special exception if you can prove that you're likely to be employed, but then you have to prove that.
But you're not any more...
Insurance cover may be a requirement for you to claim residency status, but it doesn't of itself confer a right to it.
It isn't a points-based system under which you get credit for these things. You need to satisfy the criteria for residency. Even if you satisfy the Brexit-related criteria for residency, you won't acquire any more rights than you would have had if Brexit had never happened.
If you don't accept my interpretation (and why should you, I'm just some bloke on the Internet), find an immigration lawyer and pay him to explain the situation to you exactly. It will cost, but would be worth it.
You might be able to gain residency status on the basis of your relationship to your partner: see § 3a in the FreizügG/EU. Your best bet would obviously be to get a job, and by my understanding you've got a stay of grace until 30 June 2021.
Under the FreizügG/EU, you can do that for (up to) six months after losing your job if your job was for less than 12 months. You've now been out of employment for 18 months.
There is a special exception if you can prove that you're likely to be employed, but then you have to prove that.
But you're not any more...
Insurance cover may be a requirement for you to claim residency status, but it doesn't of itself confer a right to it.
It isn't a points-based system under which you get credit for these things. You need to satisfy the criteria for residency. Even if you satisfy the Brexit-related criteria for residency, you won't acquire any more rights than you would have had if Brexit had never happened.
If you don't accept my interpretation (and why should you, I'm just some bloke on the Internet), find an immigration lawyer and pay him to explain the situation to you exactly. It will cost, but would be worth it.
You might be able to gain residency status on the basis of your relationship to your partner: see § 3a in the FreizügG/EU. Your best bet would obviously be to get a job, and by my understanding you've got a stay of grace until 30 June 2021.
That is really helpful and appreciate your response, regardless.
With a question to what you mentioned about getting a job, if I were to acquire a job, would this satisfy the application?
Reason being is that im an Electronic Engineer and my chances of securing a contract by the end of next week is looking pretty high.
Would you know if having a job, if this will be good enough to still go under the Withdrawl agreement route? To satisfy the residency status? Does the time factor before the end of June still apply?
Mar 10th 2021, 1:44 pm
#17
Account Closed
Joined: Dec 2011
Posts: 0
Re: Withdrawl Agreement Question Help
You're a third-country citizen. If you find a job, you apply for a residency permit like any other third-country citizen seeking a residency permit on the basis of their employment status.
The Withdrawal Agreement route then becomes irrelevant, and in any case, in your particular situation it would only give you at most a temporary reprieve.
I'm actually very surprised that you haven't been able to find a job as an electrical engineer, given the shortage of engineers in Germany, the fact that you speak English, and that you've demonstrably made efforts to learn German, even if you're not yet fluent.
Viel Erfolg!
The Withdrawal Agreement route then becomes irrelevant, and in any case, in your particular situation it would only give you at most a temporary reprieve.
I'm actually very surprised that you haven't been able to find a job as an electrical engineer, given the shortage of engineers in Germany, the fact that you speak English, and that you've demonstrably made efforts to learn German, even if you're not yet fluent.
Viel Erfolg!
Mar 10th 2021, 3:32 pm
#18
Just Joined
Joined: Oct 2003
Location: Berlin
Posts: 22
Re: Withdrawl Agreement Question Help
Could you please list all documents you provided in support of your application?
Also, did the email you received have a 'Rechtsbehelfsbelehrung'? A few sentences telling you that you can appeal the decision, within one month of receiving this email, where to send this, etc.? Did they mention the legal basis (paragraph, law, etc.) of the decision at all?
I'd definitely appeal this - can't hurt! Send a letter (might want to do this by Einschreiben mit Rückschein) making clear that you want to 'Widerspruch einlegen'. Then they have to reconsider and have the decision checked by a superior. At least this way you will get an explanation of the decision if nothing else.
Did you move to Wiesbaden before or after 01.01.2021?
Did you submit evidence of your former job, your integration course, as well as the following?
"If you are not / no longer engaging in economic activity: Proof of livelihood
Also, did the email you received have a 'Rechtsbehelfsbelehrung'? A few sentences telling you that you can appeal the decision, within one month of receiving this email, where to send this, etc.? Did they mention the legal basis (paragraph, law, etc.) of the decision at all?
I'd definitely appeal this - can't hurt! Send a letter (might want to do this by Einschreiben mit Rückschein) making clear that you want to 'Widerspruch einlegen'. Then they have to reconsider and have the decision checked by a superior. At least this way you will get an explanation of the decision if nothing else.
Did you move to Wiesbaden before or after 01.01.2021?
Did you submit evidence of your former job, your integration course, as well as the following?
"If you are not / no longer engaging in economic activity: Proof of livelihood
- Proof of income (e.g. pension slip)
- Certificate of current health insurance cover"
Mar 25th 2021, 6:38 pm
#19
BE Forum Addict
Joined: Dec 2016
Posts: 1,013
Re: Withdrawl Agreement Question Help
That is really helpful and appreciate your response, regardless.
With a question to what you mentioned about getting a job, if I were to acquire a job, would this satisfy the application?
Reason being is that im an Electronic Engineer and my chances of securing a contract by the end of next week is looking pretty high.
Would you know if having a job, if this will be good enough to still go under the Withdrawl agreement route? To satisfy the residency status? Does the time factor before the end of June still apply?
With a question to what you mentioned about getting a job, if I were to acquire a job, would this satisfy the application?
Reason being is that im an Electronic Engineer and my chances of securing a contract by the end of next week is looking pretty high.
Would you know if having a job, if this will be good enough to still go under the Withdrawl agreement route? To satisfy the residency status? Does the time factor before the end of June still apply?
