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Visa Questions

Permanent Residency

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Permanent Residency
Antwort
02.11.05 15:26
Hi,

I wanted to confirm something that I heard recently, but first an introduction.
I studied in Germany for 3 years and have been working now for 3 years as a "skilled labour" on a Green Card. I have been in Germany for a total of 6 years now.

I am now interested in the German permanent residency status. I am already aware of the 60 months social contribution rule, but heard from a colleague recently that 50% of the time spent here as a student can also be added to the 60 months.

If this is true, then I am eligible for a permanent residency status after 6 months as
University contribution = 1.5 years and Work = 3.5 years.

Is this true? Is the information about the 50% rule true? Can someone please provide some insight into this issue?
Thanks a lot in advance!!
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Re: Permanent Residency
Antwort
02.11.05 15:37 als Antwort auf John Smith.
Dunno if it's true but if you've been on GC before January 1st this year, then the 60 months pension thing doesn't apply to you.

You can go straight away and apply for a NE.

D.
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Re: Permanent Residency
Antwort
02.11.05 15:52 als Antwort auf John Smith.
Thanks for the prompt reply. What you have said is also news to me. I thought that everyone is affected by the new law!!!!! I got my Green Card (GC) in 2002 for 5 years and have an "unbefristet vertrag" (unlimited contract) from my company. Forgot to give this information earlier. Anybody else?
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Re: Permanent Residency
Antwort
02.11.05 16:21 als Antwort auf John Smith.
I can understand that it's new for you, you've been around T7 since today ;)

Everyone is affected by the new law, for sure, but for every law, there's an exception (remember that?) and in that case, those GC who came before 01.01.2005 don't need the 60 months pension requirement.

It was hell of a subject last year as I would never had accomplished the 60 months pension by the end of my GC (10 months would have missed) but there was a law signed I can't remember when (but you can search the forum for that) which made the NE without 60 months possible. Some people around called it the "NoBody Verordnung" if I can remember because I was one of the people firstly affected by it.

And because of that, I got the NE since last August.

D.
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Re: Permanent Residency
Antwort
02.11.05 16:44 als Antwort auf John Smith.
Hi Nobody,
Thanks for your reply and congrats on the NE. My case is a little different. My GC is valid until 2007, but can I still apply for the NE this year itself?
Another question: Once you do get the NE, are there any rules like spending a certain amount of time each year in Germany for it to be valid etc. I do not intend to stay in Germany after NE (will be going to the US next year), but still would like to have it "just in case" for the future.
Looking forward to your reply!
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Re: Permanent Residency
Antwort
02.11.05 17:53 als Antwort auf John Smith.
Years spent on student visa are not counted for NE.
That is for sure.
It does not make a difference whether you worked or pension contributions paid during these student years.

It may however be counted depending on the state, when you will be granted the german citizenship.

Regards,

Lacrima
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Re: Permanent Residency
Antwort
03.11.05 12:59 als Antwort auf John Smith.
50% is for something else (for BE).

but you can try to get NE. maybe beamte will not know that studium is not counted.
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Re: Permanent Residency
Antwort
03.11.05 14:13 als Antwort auf John Smith.
Hi,
I am not sure that is correct place to ask but if so I am really sorry.
Maybe people with some experience can answer to these 2 questions regarding Niederlassung Erlaubnis

1.After 5 years of Green Card AA will not want to issue a NE and you lose your job in the same time.In that situation you must leave Germany or you are entitled to stay for some time to get a new job and receive Arbeitlosgeld (maybe 1Year)

2.After a periode of several months from the moment when you received NE you lose your job,will be changed NE with a temp. one (similar to GC situation?)

Thank you for answers
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Re: Permanent Residency
Antwort
03.11.05 16:50 als Antwort auf John Smith.
1-) There is no concrete answer, it will be handled case to case basis but good chances for getting unemployment benefit.

2-) No

Regards,

Lacrima
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