Dear all,

I've been reading this group for a while and I find it just great and very helpful. It is just now that I learned, though some posts of rajeshspg that there's maybe a way even for me to get NE.

Here'my questions/concerns and maybe rajeshspg (I don't have his email, but hope he reads this) or any other can help me out:

I have read how rajeshspg has got NE without having the 63000-yearly-salary nor the 5-year stay conditions because he's in the academic/research sector and got funding from EU. My case could be similar... I work in a national-research center (part of the Helmholtz Association. I've been working for almost 2 1/2 years as wissenchaflicher mitarbeiter and have a contract until august 2010 (so goes my visa). Just recently I applied for a Helmholtz-Nachwuchsgruppe, which is an award that provides funding for 5 years and up to 1.250.000 euros in order to establish my own research group. I've got the award! So I'll be signing the new contract by the end of the month (with a higher TöVD). However, as you know, salaries in research are quite low and I'm not sure yet whether I'll be above the new yearly-salary boundary. If that's not the case, do you think I can apply for NE on the grounds of §19.1? I'm in Berlin and ABH here is really -rrrreally something else!-.

rajeshspg mentioned that submitting a letter from his prof. has helped him. I've got the letter from the Helmholtz Association (which is a state organism) about my being awarded the money for the group. Would that be enough? Should I ask also a letter from my institute? Who would that be? My direct boss, human resources people, the institute president? What type of info should be in that letter?

Many questions....I would greatly appreciate your help about this. And wish you all peace and luck.

Ari

I am sorry that i cannot answer you in detail now.. but once i am back in Germany, i shall come back to your query.

I see now that u have a gr8 chance.

Hi Ari,

there is a court case related to your subject:
http://www.openpr.de/news/134379/Auslaenderrecht-Niederlassungserlaubnis-fuer-hochqualifizierte-wissenschaftliche-Mitarbeiter.html

It states that scientists can not be asked for annual gross income limit like 86.400 Euro (before 1.1.2009). It might be important for you.

The court decision was before 2009 but it must help you.

Klenze17.

The law foresees a settlement permit for highly qualified persons and gives examples of whom it deems to be a “highly qualified” person.

Here we have on the one hand the (IT-) specialists whose earnings cross a particular benchmark.

But the law also lists, by way of an example, scientists with special technical knowledge or scientific personnel in prominent positions.

If the Foreigner’s Authority sees you fall in either of the categories you are eligible for the settlement permit; still the Authority has discretion as to whether grant it or not even though you meet the conditions set out in the law.

Scientists with special technical knowledge will have to show that they possess an eminent qualification or prominent knowledge in a special area of science. It is useful to identify an area of research where you have acquired outstanding knowledge.

As regards scientific personnel in prominent positions as a research fellow one should show that one leads and is oneself responsible for a scientific project of importance as opposed to “simply” research in a particular project.

To convince the Authority that you fall in either of the mentioned categories you should feed the Authority with as much information as possible. The more compelling material you have the better. This would include an outline of your academic background and scientific qualifications, the display of the funding award, details of your upcoming research group and project that you will lead as well as a letter to zhat effect from the institute’s president signed by him and your direct boss.


Rechtsanwalt_Jain@yahoo.de

Thanks a lot klenze17 & vakalat, for all the info submitted.

Regarding all the info I should gather: Are official webpages -where my name and the prize description appear- also useful documents? I guess I must add -to all the documents- a letter explaining the situation, isn't it? ...

I'll also wait for rajeshspg to come back and give me his feedback.

My main concern is -as usual- the extremely high "discretionary" nature of Berlin's ABH Beamter....

Peace
Ari

@Ari

my advice to you is that you just apply..The only thing which will secure you a NE is a clear and a strong attitude.

You cannot prove your Scientific Intelligence in front of the officer in just a few minutes but you can clearly bring in a good attitude with a confidence that you are qualified for this position.

You need to get a letter from your Insitute's Director or a Chair that you are qualified and your knowledge is very important for the German Government. As your grant , brings in employment for others, you need to highlight your nature for creating jobs to the society which needs people like you who can do that being a foreigner..

Getting a EU grant is not that easy . I am currently working as a Head for EU projects at Fraunhofer but i am struggling to find good employees who can bring in money...Germany needs people like you..Just go ahead!!

Good Luck!!

@rajeshspg

Thanks for the tips. I'll apply as soon as I sign the new contract. We'll see what happens.... I'll keep you all posted. Thanks again for the feed-back to you all.

Wish you peace and luck
Ari

Ari,

although I have got the NE from §19.2.3 (64.800 Euro requirement), my suggestion from my side is to take all of your scientific/technical papers/publications with you, even though it is difficult for an official to evaluate them within minutes, because they write down every comment from you into their database.

That was my case. The official was not convinced about my qualifications. I explained her what kind of job I am doing in Germany, how special it is, what kind of deep-technical challenges I do, what I did (2 patents + 3 papers) and the woman has written down all of what I said into the computer in front of her.

During the final decision another official and manager are asked and they looked at these data.

Even though our conditions are different (scientist <-> high qualified engineer), they considered my patent/publications as though I were a scientist. I have been asked by 4 different officials, several times about my qualifications, papers, publications and patents.

Klenze17.