May 27, 2012 10:49:33 PM CEST
I am an Eu citizen and my GF is Chinese we have been together a year. She currently has a visa valid until the end of the year and bound to her employer which is German company Gmbh part of a Chinese company. She has been year just short of 2.5 years and has an open and full German contract of Employment we have asked the stadt to open the visa using BeschVerV §3b Abs. 1 Nr. 1 (zwei Jahre rechtmäßig eine versicherungspflichtige Beschäftigung im Bundesgebiet ausgeübt haben) "http://www.gesetze-im-internet.de/beschverfv/__3b.html" the stadt to open the visa no answer yet.
In the beginning of this year we discovered that she did not have health insurance, and she must have so she spoke to her employers. First, they were annoyed but then got it fixed in the main they were upset because one they had to back pay the insurance (She does pay full income tax) and also because the lawyer she spoke to told the company they she was not sent from china to work but employed there. Anyway, the Chinese parent company then flew her out to china for a business trip that was not a business trip and cancelled her return flight! All she has is a suit case! 4 weeks later she is only now discovering that they want her in China. As you can imagine she is very upset and wants to return. So i wanted to see who has some knowledge and help clarify a few things.
1. As they have not sacked her in Germany or taken her job away, indeed they payed her and her health insurance in German (May) I assume she could return to German and see what they do? As i see it she is still employed by a German company and German conditions?
2. If she returns and they terminate her illegally can that be challenged?
3. If She returns and they terminate her legally how long would she have to leave the country or can she just try to get another job while the visa is valid?
Any help would be very much appreciated as this is a troubling time, thanks!