Let me tell my situation first. I am in germany from 2002. After my masters I enrolled as Ph.D student in 2005 and got visa on §16 clause. In mid 2005 I wanted to swich to job but ABH cancell my student visa and says as my old visa has clause §16 and study(phd) is not finished so I am not qualified for any other type of visa and hand me over a übertrittbesceinigung. But my company fought for me and trying to convice the ABH. By this time my Übertrittbesceining was extended every month by ABH. At the end, my company could finally convince them to take a job permission from Arbeits Amt for me. But as I don't have any valid visa, ABH finally told me to go my home country and take the visa They give me all the required papers(one sealed paper) for german embassy in our country. So I need to leave germany and submit the übertrittbesceinigung to the immigration as a proof and take the visa from my country. The visa in my home country took around 12 days and I was outside germany around 24 days. And duration from my visa cacelaltion to the final visa was 5 months.

So my question is, what implication does it has on the folling clause in section $9a, 1?

§9a
"1. er sich seit fünf Jahren mit Aufenthaltstitel im Bundesgebiet aufhält"

It seems that I was in germany legally but without Aufenthaltstitel for four months and outside for 24 days to get the visa. Or they will not count this break as it is less than six months.

- I have paid 60 months rente (some before 2005)
- Unlimited job permit.

Am I qualified for D-EG ? Can anybody give me some suggestion how to convince ABH for D_EG? I want to be prepared myself about this breaking priod before facing them.

Thanks in advance for your kind reply. I have searched the forum but did not get anything similar to this.

Hi,
Did you get a 3 month visa when coming back from your country and then extended here?

I guess but not sure that once a visa is issued outside Germany, thats an entry visa for those coming like first time and in that case the timer is ticking from the entry date.

Thanks for your reply. Yes, I got three months visa from my home country and change it to Aufenthalserlaubnis instantly coming here. All is with in 5 months.

If it ticking from my entry again then what about my previous rente ??

Well, the Rente is there in your account..
Rente for 5 yrs is one of the condition to fulfill the NE/DG.
If they see the passport, they can definitely say this but you can be lucky too

Contact a lawyer if they can help you...