Dear All,

I was a student here for three years. Just days before my visa was going to expire, I left for India, without applying for extension, though I was eligible for it. It is totally insane, I regret now, but I was of the opinion that I can extend my visa in India also. So when I contacted the German Embassy in India, I came to know that I cannot extend my visa in India. It was too late to come back and get my visa extension done in Germany. So I had to apply for a new Schengen visa in India and then get the proper study visa again after coming back to Germany. All this took about four months.

Recently when I was enquiring about Niederlassungserlaubnis, I was told by the Ausländerbehörde that my three years of study cannot be considered for Niederlassungserlaubins as I had a break in my visa, which makes that whole period null and void. It was very hard to hear that. But in the following link in forum, I read in one of the replies that if the duration of stay outside Germany is less than six months, then the previous period of stay shall still be considered:
http://www.trust7.com/en/foren/visa_questions/urgent_work_permit_independent_of_employer

It gives me some hope. But I would like to know if this special case is valid for work visa only, or can study visa be also considered along the same line?

I would be very happy if any of you can throw some light into this issue. If you can point to some legal proofs to support the same, it will be very helpful for me to go back and talk to the Ausländerbehörde.

Thank you all,

with regards,
shepherd

@ shepherd

What Ausländerbehörde told you is 100% correct.
Now you came here on new visa as your old Residence permit was expired, so your old stay (3 years) will not count for anything.

There is nothing positive for you. As you did a big mistake not to extend your visa at that time when you left Germany.

The duration of stay of less than 6 months, which you mentioned in above link, only holds if your Residence permit is valid and does not expire (as it was your case).

Best of all check this on info4alien, put your question in german or find someone who'll do that for you. Comments to §9 Aufenthaltsgesetz that deals with NE http://www.info4alien.de/gesetze/avwv_aufenthg.pdf#9 (see 9.2.1.1) state that the breaks up to one year in legal staying are allowed, particularly if you submitted your Visum Verlängerung Antrag late. If Ausländerbehörde decides this was your case you may be safe. When time comes to get NE you'll probably need to submit an extra letter explainig your case in details, maybe get a lawyer to do that for you. Those are just my thoughts, consult on info4alien with Ausländeramt professionals. Did you also work and pay Rentenversicherung during your studies? If not, previous study time won't help much for NE anyway.
The 6 month valid visa part comes into play if you stayed outside of Germany for 6 month or less but held unexpired visa and want to use this period later in your total 5 years required for NE.

Thank you UMTS11 and mkorobeinik1 for your answers.

@mkorobeinik1:

yes I worked part-time for about a year and a half.

Anyways, thank you all