Dear Members,

I am a work permit holder in Germany and have been here since Aug-2005.When I came here my annual salary was around 70K and according to prevalent rules I would have to wait for 5 years before I could apply for NE.

However recently I received a raise and now my package falls in the range of 90 to 100K. I understand that I could apply for NE under the highly skilled category.My company is also willing to support my application.

However one of the agents who takes care of the visa process says that this can be done only if the person is applying in the beginning itself. He says that is not possible upgrade visa to NE if I have been here on WorkPermit for last 2 years.The other agent says it is possible to apply.

I would be grateful if some one could help with advice.

Best Wishes.

Hi,

sure you can apply for NE now. Should not be a problem. If your agent is not familiar with alien law I can recommend our trust7 partner lawyers

http://www.vpmk.de/

Ask for Mrs. Ponert.

Good luck
Detlef

Dear Detlef,

Thank you so much for your positive advice. On your advice I persuaded the company agent to enquire and confirm that I would be eligible for a NE and finally got a Poistive Answer.

However , the agent now puts across a new point saying that My spouse would still be on a Dependent visa and that she would not get a NE.My understanding was that If get a NE , my spouse also automatically gets the NE that way alowing her to work.

Would you be kind enough to give some input on this.

Best WIshes.
Pralay Ahluwalia

Your wife will not get NE, but she will get unlimited resident and workpermit linked to your NE. After 3 years of living in Germany she is eligible for a Resident and work permit independent of your status. Till that time she will be on dependent visa but will be allowed to work.

Hi Raj,

My agent Still tells me that my wife will need to go thru the entire process of the work permit which first involves going through the labour Office and then Foriegn Office.

Is there a clause in the Residence act that clearly states that if NE is granted to a person(thru the highly skilled scheme) then his/her spouse automatically gets permit to work without any further approvals. I understand that my spouse will not get the NE now. She can get only after she completes 5 years here & till then her visa is dependent on mine.

Could you give me an idea of what would my wife's visa title be after I get an NE.Would she need to get approval from labour Office before she an work.

Thanking you advance.
Pralay

Dear All,

Still looking forward to some advise from you all.

Best WIshes.