Hello,
As it is already well known, the first GC-law will be in effect until Dec31, 2004 and to get a GC, a job contract of 51.000 EUR / year is obligatory. But starting from Jan1, 2005 that minimum level of salary is claimed to be 84.000 EUR/year.

And here is my question:

Before Dec 31, 2004 I am likely to get a GC by securing a EUR 51.000 / year salary. That is in Dec 2004 I will be applying for a GC and in Jan or Feb 2005 I will possibly start working in Germany. Wow! So far so good.

But I cannot help wondering if some of those German officials might cause trouble because of this change in law.

In these conditions, could I be able to work for approximately max. 5 years on an approximately level of 51.000 EUR/year?

I would like to know your thoughts and comments?

Thank you!

There is no 1st or 2nd GC-law. There is only
one law, IT-ArGV (known as "Greencard Law" ),
http://www.aufenthaltstitel.de/it_argv.html,
that enables German officials to give
"Zustimmung der Ausländerbehörde" (approval
of alien office for IT-ArgV) until 31.12.2004.

51000 is minimum annual gross income for
hi-tech people whose academic degree is not
equivalent IT-specific academy degree in
Germany, required by IT-ArGV.

If you had an IT-specific academy degree
(for example, if you had graduated from an IT
branch of German university) then this would
have been 39,600 euro.

84,000 Euro is one of the requirements
to get Niederlassungserlaubniss (permanent
residence permit), of the ZuwG (Zuwanderungs-
gesetz). It is NOT the salary the company
will give you, it is the salary that you have
to earn, in order to get a permanent residence
permit from Germany.

Every year salary increase is typically %5.
Companies increase salary according to
economical situation, which is typical all
around the world, also in Germany.

A rough calculation gives about 64000 euro after
5 years. In order that you can get salary 84000
to get NE (Niederlassungserlaubnis),
after 5 years in a company:

1. You must have incredible skills
2. You must create innovations
3. The 1 and 2 must be granted by your company
with a salary increase, if they can give you

I am in the same situation. I will be receiving
my GC in a few weeks. I will start to work
in January 2005 (if everything goes well).

The change of law will not trouble you, but
the company will. The only thing
you must complain about is the Vertrag (contract)
and the salary for it. The rest (for example,
Greencard) is just a matter of detail.

Your salary will not be 51000 euro forever.
There will be increase every year, around
inflation level.

I understand your pains. The life is not
guaranteed. Think about your career, and,
if it will be better for your career to come
to Germany. If yes, come to Germany. If you
really like what you do at work, then you
will definitely get the price you deserve.

Klenze17 (a GCler candidate)

Hi,

The salary requirement will be removed, that means they could even pay you less if your employer gets in trouble. If they have recruited you for a leading position, with personal and budget responsabilities for example, or you are a highly qualified specialist, they could offer you 84.000 euro so that you get your unlimited residence permit without having to wait 5 years (the green card case).

Think though, that of your salary, approx. 50% will be taken away by taxes, social security payments and pension contributions. Then rent can go between 250 to 900 euros per month, and if you need a car to go to work, you will need a driver license, car taxes, gas prices (1,15 euro per liter).

Actually 51K is a very good salary by german standards.

Best regards,
a.

As far as I can understand from your comments, there will not be something disturbing!
That is, I will be accepted with the 51.000 EUR/year and go on for app. 5 years .
Thanks.

just to clear things:

after 1.1. there is no obligatory salary condition for RP or PR,
even 51 k falls out

for PR or NE 84 is condition but optional condition not obligatory.
it is just one of 3 options to get NE at once.
there are other options too, so you don't have to have 84 k for NE at once.

> after 1.1. there is no obligatory salary
> condition for RP or PR, even 51 k falls out.

This is dangerous for the newcomers, because
companies offering a position to a candidate
might offer much less annual gross income than
51K Euro. As aalvarez stated, 51K is a good
salary with respect to German standards.

> for PR or NE 84 is condition but optional > condition not obligatory.

> it is just one of 3 options to get NE at once.
> there are other options too, so you don't have
> to have 84 k for NE at once.

This is one of many signs that they have made
ZuwG (Zuwanderungsgesetz -
Immigration Law)
much worse than before. CSU/CDU, a right wing
party-coalition, is has a negative aspect for
aliens/foreign people in Germany and put a
great effort to put such points into the Law,
which made more difficult to get the rights.

Regards.

DvD wrote:
"after 1.1. there is no obligatory salary condition for RP or PR,
even 51 k falls out"

ok, dear DvD, If I get a job offer in Germany with a salary of let's say 60K.. how easy is the procedure to get a RP (not PR) ? do they(AB, AA) still have to give an answer in one week(like in old good GC ?) ? NO.. only god knows how this process should be handled by AB,AA

that means, if I need a RP with a job offer after 1.1.2005.. I need to go through the painfull/long process.. only exception is, when I have a high salary offer like 84K, then I get a NE directly..

this is obviously a worse sitaution for a newcomer.. IMHO, new immigration law makes the things obviously more difficult for the newcomers who have a job offer with a salary which is less then 84K ? wouldnt you agree ?

Lacrima

I agree
but ...

for IT it is much worse than GC.
But for some others it is better.
For those who will be on the list of professions that G needs it will be much better.
For those not on the list it will stay the same.
They did not have any chance to come here anyway.

So some profesions will benefit from this law.
First Maschinenbau.

Btw it should be that way. If Wirtschaft does not need people why would they be allowed to come.

DvD wrote:
"list of professions" ????

Where is this actually mentioned in the new immigration law ?

How will this list be decided ? if I have a job offer and I belong to the list of professions which Germany need, then how quick is the work/residence permit process for me? (assuming that salary is lower than 84K)

Is there anywhere where we can read the details of "list of professions" process of the new immigration law?
sorry, but I never heard such a thing in none of the discussions regarding the new immigration law,
therefore I am waiting impatiently for your clarifications..

Regards

Lacrima

lacrima you speak german better than me.
you can see it your self.
Just google:
Der Sachverständigenrat für Zuwanderung
or only Zuwanderungsrat
or with Jahresgutachten
or with Ärzte Ingenieure.

That list was often in news.
Nobody liked it. SPD and CDU were against it.

So when you read it you can report to others.
I don't have that much time.

Hi DvD

Ok, I heard about this stuff from Zuwanderungsrat.. but what they are mentioning is just "suggestions".

As you said, CDU and SPD didnt like these suggestions and those suggestions never made into the law.

Regards

Lacrima

ZWR does not have any power that is true.
They had more power before kompromis with CDU, and now they can only sugest.

But important is that somebody will decide what professions Germany needs. It will not be ZWR but there will be list of professions because somebody else will have to do it.
In accordance with ZWR advices or not.

Thank you for all your comments, they have been of great help to me. Especially the news that it will be easier particularly for the "Maschinenbau"
area is pleasant to me as I am basically a mechanical engineer. It might also mean that Germany no longer searchs only ITers, right?
By the way what is PR. RP should mean Residence Permit, is PR Permit of Residence

PR is permanent residance.
in ZuwG it is NE.