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Visa Questions

RE: Blue card for a PhD student/ Researcher

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Blue card for a PhD student/ Researcher
blue card germany spouse visa phd
Answer
5/16/15 3:38 PM
Hi All,

I came to Germany to pursue Masters. I got a part time job in my Uni under a professor. Now she is very much impressed and wanted me to pursue PhD under her (As I already have a masters degree from my home country). Then in this case I will be aborting my current masters and starting with my PhD. As part of PhD I would be getting a grant 1400 per month and another contract for around 700 euros for working part time. So a total 2100 euros per month  after taxes I would be getting once I start PhD. 

Now my question is, will I be eligible for Blue Card? If I marry what kind of residence permit my spouse would get while I am doing PhD? Will she be able to work?

I have an option of doing PhD from any of  two professors, who will be my mentors. One works for a Research Institute and other is University Professor. Does it help me anyway if do that PhD from the Professor in Research Institute rather than from the one in Uni?

I would be very much indebted to you , If you could answer my questions.

Best Regards,
Raghu
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RE: Blue card for a PhD student/ Researcher
Answer
5/17/15 12:28 AM as a reply to raghuram kalyanam.
Hello Raghu,

First of all congratulations with your PhD acceptance and welcome to Germany. Currently there are 2 visa schemes PhD students are eligible for:

Section 16: Student visa. You can get your PhD salary since you are allowed to work 120 full days of time, but I'm not sure about your part-time job. They may say this is too much working time, it is not allowed. Also, I don't recommend getting this permit for various reasons. Better to get a work permit.

Section 18: Worker visa. This is the better option if you are getting a salary and not a scholarship. You need to be paying taxes to be eligible. Again, I'm not sure about the part time job.

For blue card as you know there is the minimum requirement of approx. 34K brutto income, and I believe you need to satisfy this condition with a single contract. PhD salary + part-time job sounds ineligible to me. But I'm not sure, speak to you ABH about this subject. If you think they handle you unfairly, you can also talk to a lawyer afterwards.

Spouse visa depends on which nationaly person you are marrying to. I'll assume to a non-EU citizen. Then she will get a dependet/spouse visa. Lengthy process, can take up to 6 months. Shorter if you are lucky. You need to prove that you are legally married (a lawyer visits your house and asks questions to your wife etc.) And you need to prove that you can financially support her (won't be a problem with your contract). It works out, but it takes time. And she will be able to work as well.

Research Inst. or Uni. doesn't matter, the important thing here is that you are paying taxes to the government, and have Rentenversicherung and health insurance.

This is what I know on the subject, however check it from a formal source.

Best,
Arnhem
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RE: Blue card for a PhD student/ Researcher
Answer
5/17/15 12:29 AM as a reply to raghuram kalyanam.
I just realized that you are aborting your masters. That can create problems for the visa. ABH may think you are using the masters instead of job search visa and tell you to finish your masters first. And without a German degree you'll need to pass the Vorrangsprufung which is also arduous. I really recommend finishing your masters and start your PhD, I'm sure your Prof. can wait a couple of months.
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RE: Blue card for a PhD student/ Researcher
blue card work permit phd
Answer
5/20/15 12:28 PM as a reply to Arnhem.
Thanks Arnhem . Thats a really good amount of information you gave. Since I already have a Masters my professor said she will be able to manage to put me in PhD and yeah as you said it all depends on ABH. But how do I contact ABH before hand and ask them if it is possible? Will it be better to mail them and ask them or to call them?

Where can I find more information about Section 18? The 700 euros  I mentioned previously will be a part time i will be working which I am allowed for 20 hrs per week as a PhD student. But I have a doubt here... When my Prof would like to anyway pay around 2100 , will that make any difference  for Professorin, if she makes a single contract or make 2 contracts? Is it because she thinks I dont need to pay any Rentenversicherung and other taxes, that makes the total amount she needs to pay me less(as there are taxes for only 700 part of it and rest is stipend which is not taxable)?

Next week I need to attend my visa interview to change from my temporary visa to Aufenthaltserlaubnis.Then I will get a 2 year student visa, will the ABH normally cancels a already issued visa like this and give me visa for PhD in future? Or should I postpone my current visa Interview until  the PhD decision is taken ( I still have some days left in my Visa and there are no appointments for atleast a month or two in ABH as there no enough HR personnel for them due this  many of my friends who scheduled a visa interview in less than 3 months after arrival were asked to fix another appointment in later date which is almost 2 months away ).


Thanks for your patience
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RE: Blue card for a PhD student/ Researcher
Answer
5/20/15 11:51 PM as a reply to raghuram kalyanam.
I'd talk to them directly, then it is more interactive. Just my opinion. For more information on section 18 you can google Aufenthaltserlaubnis paragraph 18, beschaeftigung, etc. You will definitely find it, however it is quite complicated since several other government agencies are also involved.

It may very well be better for your professor to make 2 contracts, since I guess you won't be paying taxes on that 700 part, I'm not sure though. If she makes a 2100 euro netto single contract than this is better because you qualify for Blue Card.

All I know is that ABH can change your student visa to workers visa that shouldn't be a problem, however they may need some time for that, especially if they need confimation from Zentralearbeitsvermittlung etc. I'm really not sure about those issues. And again, they may just ask you to finishyour masters first before getting a job.

Good luck,
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