At the moment I (non-EU citizen) earn less than
60K per year as a software engineer.

I have the limited residence and work permit (which expires in the end of November 2013)

In case I find the job for, 70K I will be eligible to apply for permanent residence according to “Paragraph : 19”.

I almost moved my family to Germany.

Before movement to new place I want to get permanent residence to minimize the risks etc.
May apply for permanent residence according to “Paragraph : 19” just having the contract (with salary 70 K) before actually starting work at the company.
Is it required accompanied letter from a new Company?

Thanks in advance

Hi,

Permanent residence permits are issued only in specific cases.i.e. not only salary is necessary, it's also driven by the Job you are doing, I do not think that A SW Engineer is a researcher or a scientist. Permanent residence is given basically to high qualified people that are considered as really Researchers. there is also a salary limit which was reduced to around 64 KE(was 84 ), could be that is 84 KE im not 100% sure, but fulfilling the salary is not really enough, you need to prove that you are a scientist or a researcher.

Of course you could always go and apply, get a letter from your company saying you are a kind of researcher and apply, probably you will get it

Just one last think: which risks are you taking in here? if you get your current residence already valid till 2013, you are just fine, after that you could apply for a company independent work permit and get your self 2 years more of extension.

All the best
Alex

Hi Alex

Thanks for your reply.
-----
Risks:

I came to germany end of the March 2009
Last year(2011), November I got employee independent work permit (for 2 years).

Once I started to work on new job I have to go through probation period until I am less or more safe.

A the moment the economy has not the best times. In case of business optimization or something else first who has higher is employee on probation period.
.
Of course there is unemployment insurance etc.
But in case my visa expires and I am without the work, I cannot extend it etc...
Or I am wrong and I can extend without employment confirmation?


-------
I know some software engineers have had received the PR according to Paragraph 19.

I think the special knowledge and experience are considered knowledge and experience in some technologies. The specialists with such a experience and knowledge cannot be found in local job market. The high salary shows somehow that is quiet important for business.

I do not why but the software engineers (with salary higher than 66), whom I know, have received the PR according to Paragraph 19.


Questions are
1) Is Contract sufficient?
2) what special should be in the accompanied letter?
3) In case of failure: what are consequences (e.g. for next applications for PR)?

Thanks

No you dont need to be a scientist to get a NE under §19. See paragraph (2) 3
http://www.gesetze-im-internet.de/aufenthg_2004/__19.html

1) Is Contract sufficient?
--> depends on the case worker. Some might want to see university degrees or a letter from your employer which says how great you are

2) what special should be in the accompanied letter?
--> you have high university degrees, excellent experience, you are a specialist blah blah blah

3) In case of failure: what are consequences (e.g. for next applications for PR)?
--> i see none if there is no major rejection reason

-----

The salary level is approx. 66K now after it has been reduced from 84K since several years now. A law has been passed by the Bundestag to reduce this to 48K. Final approval from Bundesrat is still to come but will probably be passed in the next 2-3 months.

Permanent residence for highly qualified will be a subjective decision, depending on the person who gives you the visa.

In addition to the normal requirements, I showed the following:

1. One year yearnings of more than 66k and the contract that I have a higher than required salary. I am not sure if the one year earnings certificate was mandatory, but at that time I had one year earnings and the rule was just reduced from 84 k to 66k. So, it applied in my case.

2. A well written letter in German on my job. In my case, I am not a researcher but I took a well written letter from my company that I am doing a highly specialist job and my contribution is highly valued within the company. The letter also insisted my German skills are clearly advantageous. I having a Masters degree in engineering from a German university was also taken note of as a proof for my German skills and my high qualification.

3. At the time of the visa, I had a company independent visa but only received some weeks ago before the permanent residency.

Hope it helps.

Hi ,

I asked the same question yesterday to the Beamter at the AB.

She told me , if you would get a salary higher than 66KE, you would be issued a Permanent residence permit without extra regularities.

weither this depends on you on Probation time or not, this is something to be figured out.

I would recommend you to go for the Job and wait till your PP ends, and apply, I'm confident you will get it

All the Best
Alex
PS:I'm my self a SW Architect...