I have been living in Germany since October 2002. From October 2002 till November 2004 I studied MSc at TU Munich. Later till 05.June 2008, I did PhD. Since 09.June.2008 I have been working as an internal employee within a company with 10,000 employees.
As a student status MSc + PhD, I lived 67 months. Further, as an employee, 21 months (paid RV).

I contacted Auslanderbehorde. They said, I need to pay 60 months RV as an employee. Is this correct? When am I eligible for Niederlassungserlaubnis?

Hi tak777,

it seems you are brand new member here, because you have registered yourself here on 9.3 and you sent your post in the same day, without searching any post. Your questions have been asked here thousand times. Please don't be lazy and search here the forums.

To speed it up for you: Student times are considered to half. If you were a student for 1 year, only 6 months is considered for Niederlassungserlaubnis.

Klenze17.

Yes this is correct.

http://www.aufenthaltstitel.de/aufenthaltsg.html#9

Hi Klenze17,

thanx for your reply. My question was not answered. I know that student time is half counted. As a student I lived for 67 months. Implies 33.5 months counted for PR. As an employee, I have worked 22 months and paid RV. Upto my understanding, I have to work 4.5 months to get PR. Is this correct?

But my contact person in Auslanderbehorde told I need to pay 60 months of RV. If this is correct, I will get PR after 39 months?

It is also written that 60 months of RV should be paid for PR:
http://www.aufenthaltstitel.de/aufenthaltsg.html#9

@tak777

mach deine doktorarbeit nicht hier bitte!!!

as you mentioned twice and read from http://www.aufenth...e/aufenthaltsg.html#9 link...
what do you want us to tell/spoonfeed!

60 months of RV, this is one of the must conditions under §9!

BTW, did you pay any rente during your "PhD"?

Well, correct me if I am wrong, but if you check § 104 Übergangsregelungen (2) it says that for those who came to Germany before 1 January 2005 the requirement of 60 month RV is not necessary, you just need to fulfill aufenhalts requirements and have BE. I believe this part was added recently.

(2) Bei Ausländern, die vor dem 1. Januar 2005 im Besitz einer Aufenthaltserlaubnis oder Aufenthaltsbefugnis sind, ist es bei der Entscheidung über die Erteilung einer Niederlassungserlaubnis hinsichtlich der sprachlichen Kenntnisse nur erforderlich, dass sie sich auf einfache Art in deutscher Sprache mündlich verständigen können. § 9 Abs. 2 Satz 1 Nr. 3 und 8 findet keine Anwendung.


It says here about Aufenthaltserlaubnis oder Aufenthaltsbefugnis;
in max cases i have seen and experienced, as a student you are not offered Aufenthaltserlaubnis but Aufenthaltsbewilligung!
Check this link. (Rechtslage ab dem 01.01.2005)
http://www.aufenthaltstitel.de/stichwort/aufenthaltsbewilligung.html

so before 1.1.2005 if one student was in germany on "Aufenthaltsbefugnis" then § 104 Übergangsregelungen (2) applies.
http://de.wikipedia.org/wiki/Aufenthaltsbefugnis
or if during phd one got Aufenthaltserlaubnis then it is possible under §104 (2) rule...

while starting discussion if one mentiones exact § nos. etc. then it is much easier to figure out and bring correct arguments for AB!

Hello everyone,

I have as similar problem as tak777.

I have been here in Germany since Sep-2002 and did my masters until Feb 2005(Aufenthaltsbewilligung, Beschaftigung gen.§ 9Nr.9 ArGv).
Starting from March-2005 until Aug-2009 I did my PhD and paid taxes(Aufenthalserlubnis §5 Nr. 2 but says promotionstudium).
Since Sep-2009 I work as a scientific staff in another University(Aufenthalserlubnis §5 Nr. 2 but says Wiss.arbeiter).

Having paid the taxes in Germany without break for 60 months I approached the auslanderamt. The lady there informed me that I am not eligible to apply for NE since I was a PhD student.

My PhD supervisor informed me many times that I am employee of the University (my contract said am an Wiss.Mitarbeiter) but, had to register as a student in the uni at least one semester to get my PhD degree.


I don't know how to proceed. can someone show some pointers.

Regards,

Gopal

@gtrengarajan

In Sept´2010 you will be completing 8 years in Germany, why don't you try to file your Einbürgerung application? If you are not living in Sachsan, Bayern or Baden-Württemberg than I think you can easily get it.

Good luck! and keep us posted!!

Thanks Raj for the info.

I would try to get NE first. I still need sometime to decide on whether to take up German citizenship.


Regards,

Gopal.

@Gopal

r u from Halle??

Sorry to digress from your original query but Which subject did you do your Phd in?
Was the language german or english?

I am a MBA highly desirous of doing a Phd ...any pointers?

@Raj2009

I did my PhD in Halle.
If you know me do contact me at gopalyajur@gmail.com

@Vsharma

PhD in physics. wrote my thesis in English like most foreigners do.

Can someone still show some pointers for my situation.

According to 9(2).3 er mindestens 60 Monate Pflichtbeiträge oder...

Go to deutsche rentenversicherung office and ask
"Aufrechungsbescheinigung der Deutschen Rentenversicherung"

In this bescheningung , you will find how many months you paid "Pflichtbeitrags".
If it is >60 months, then you are eligible ... thats what die Beamtin(in München) told me when
i enquired about NE Pflichtbeiträge last week

Thanks processingerror for the info.

I went to ABH last week and submitted all the necessary documents. The lady at the desk kept telling me that it will not be possible to get NE since in my passport it mentioned "Promotionstudium".

The ABH in Halle, where I lived before always wanted to have immatrikulationsbescheinigung every time I went to get my Visa extended although it was not necessary since, I had only work contract and have been paying taxes. Probably, it was a trick by Halle ABH used on all the foreign Phd fellows.

Now the lady here says since it a study visa they will only consider half of the time. I asked them to give in writing whatever they wanted to convey. She took the application and I paid half of the application fee. I will know the result in 2 weeks.

Does someone know, how to hire a lawyer if the ABH rejects my application? Also, the lady mentioned that my wife cannot get NE even if I manage to get one. Is this true,does my wife have to wait another 5 years to get an NE?


Thanks.

Gopal.

This is true!

A NE is not transferable to family members, so your wife could apply on her own once she is eligible...

@gtrengarajan
u mentioned that u paid tax for the promotionstudium period. i guess, tax and renteversicherung RV(pension) are two different things.they insist on 60 months RV. please check it.
perhaps you check your salary slip whether you have paid RV during your promotionstudium period. then you can show them.
good luck!

Varadharajan

Thanks Varadharajan for the info.

I did pay RV for more than 60 months.

Hello everyone,

I was asked to come to Ausländeramt today and was informed that I am not eligible for NE status.

Reason?? The same story again that I was registered as student.

Does someone here, know a lawyer in and around Osnabrueck?

Regards,

Gopal.