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Visa Questions

NE 22 (44/2) months as student and 38 months employed

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Dear members,

I am in Frankfurt (Hessen).

This is my German Visa History:

24/8/2003 - 9/12/2003 -> Entry visa for students
9/12/2003 - 27/5/2005 -> Aufenthaltsbewilligung
27/5/2005 - 27/4/2007 -> Aufenthaltserlaubnis (§ 16 Abs 1)

Since all of them are of type student visa, in total it sums to 44 months. So when applying for NE I can take 22 months into account.

From 24/7/2007 - till date I am an salaried employee. It is now 38 months.

So with 22+38=60 months of residence permit I am preparing to apply for NE.

http://www.trust7.com/en/foren/start_up/got_my_ne/re_got_my_ne__4

I read from the above posting by Mr.Raj and i have few doubts.

In the above post Mr.Raj said the following two points:

1. "You can apply according to
http://www.aufenthaltstitel.de/aufenthaltsg.html#9a"
- Could any one of you please let me know based on which of the point under §9a one can apply for NE.

2."but since only half of student time is counted"
- I can read it in the point number 4 under 9b.

In point 2.3 of §9 (http://www.aufenthaltstitel.de/aufenthaltsg.html#9) says that one has to pay 60 months of RV. Am I exempt from this?

Could any one please throw some light on this issue.

Thanks,
Ram
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
08.07.10 16:57 als Antwort auf Ind Mdu.
@Ram

best would be to go to your AB and tell them you want to apply for NE!
See what comes out then...
sometimes it saves a lot of "unnötige aufwand"
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
08.07.10 21:31 als Antwort auf Ind Mdu.
I am totally lost now...

Is 60 months RV is mandatory for NE?

How can they expect a student to pay Rentenversicherung. For ex when he is employed for a job with salary < 400 euros.

I am bit stuck now...

@bmilan
Thanks for the hint
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
09.07.10 00:18 als Antwort auf Ind Mdu.
It happens quite often actually - a lot of students I know payed RV on part time jobs they held. I believe even an euro per month should count as a whole month RV payed.
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
09.07.10 03:12 als Antwort auf Ind Mdu.
Freund, why dont you just go once to AB and talk with them before getting confused by digging the older posts here...i replied u in your previous post
and i repeat iam from frankfurt and i applied for NE in frankfurt and i was student for 3 yrs and half
of the student time was taken into account for NE irrespective of whether u paid ur RV in student time or not. Atleast this is the case in frankfurt.
If u r still not satisfied PM me.we can talk.
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
10.07.10 22:10 als Antwort auf Ind Mdu.
To avoid confusion, it is important to clearly distinguish between two of the requirements for attaining a settlement permit (NE):

One: Holding a residence permit for five years

Two: Having contributed at least 60 months into the pension system

As regards the first requirement (residence permit for five years as opposed to the 60 months contribution), the law allows to count in half of the time legally spent as a student in Germany.


contact@kanzlei-jain.de
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
11.07.10 04:26 als Antwort auf Ind Mdu.
@vakalat

Dear Bro, i heard alot about your experience in NE cases and would like to have a word of advice from you. Here is my situation:

-came to DE in October 2004, did my masters from 10.2004 to 09.2006 (Aufth §16)
-from 10.2006 to 06.2010 I did my PhD and therefore had to register as a student(Aufth §16) but also have a Wissenschaftlicher Mitarbeiter job (drei-viertel ~ 33K Brutto pro jahr)and paid my taxes and pension contributions.
-I have a job offer from a company in The Netherlands and I asked them if I can live in Germany, the company has no reservations and they have thrown the ball in my court to talk to the ABH about working visa in this case.
-I went to ABH and they informed me only if I have an NE then I can work in The Netherlands and live in Germany (and for that too I should be paying my taxes and pension contributions in DE and also I must have a work permit for Holland)
-I was also informed that since I was having (Aufth §16) all the time, so I do not qualify for §9, §9a and the Beamtrin told me that even §19 is not possible as my salary will be ~60K.

I will be highly obliged to have a feedback from you please.

P.S: my Indian wife is also living with me in DE and she is studying German language, that's why I want to continue living in DE.
P.P.S: another reason is that in approx. 2 years I will be eligible for Einbürgerung.
P.P.P.S: I don't have any other job offer in hand.
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
12.07.10 13:10 als Antwort auf Ind Mdu.
@Gandhian
Thanks... I will give a try this wednesday... if i miss something then i will seek your help

@vakalat
thanks for the info.
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
13.07.10 17:12 als Antwort auf Ind Mdu.
@kramasundar
from my exp,you should get NE.
if you have an unlimited work contract,it will definitely work, given your history.

i guess, 60 months RV is compulsory for the ppl who came to Germany from 01.01.2005. u came in 2003(me too). so its alrite.

moreover you dont need to worry whether you are qualified for NE or not. the ABH ppl will have your history and they find out and tell you. all the best.

pls post your experience after u spoke to them..
coz i am also going to apply for NE in LRA München and i almost have same profile like yours. I have not paid RV for 60 months instead somewhere near 45 months and as student i never paid any RV. when i approached my ABH,they asked me to provide some docs like last 3 month salary slip,arbeitgeber bescheinigung,mietvertrag etc. they insist on an unlimited work contract. they did not ask me to provide any thing related to RV. i just sent everything to them by post and waiting..

Best regards

Varadharajan
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
14.07.10 12:49 als Antwort auf Ind Mdu.
Today I went to auslanderbehorde to submit my Niederlassungserlaubnis application.

The lady at the information desk (where we get the application forms and so on) took my application and said that they will send it to the corresponding officer. The lady also said that I will get a post from them mentioning the unterlagen that I should bring.

Is it normal? Because in the past we were allowed to discuss about the application with the people who is sitting inside the office (not only the people at the information desk).

Any suggestions about how should I proceed.

@Gandhian
Any help?

Thanks guys for your time,
Ram
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
16.07.10 14:22 als Antwort auf Ind Mdu.
@Gandhian

If it is ok with you, could you please mail me at kramasundartest3 AT gmail

I would like to get some hints from you.

Thanks,
Ram
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
17.01.11 12:07 als Antwort auf Ind Mdu.
Could any one please let me know how to get the "Besceinigung von Finanzamt - keine steuerliche schulden haben".

Should I go to the Finanzamt (Frankfurt) in person and ask them.

Thanks,
Ram
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
17.01.11 23:24 als Antwort auf Ind Mdu.
Hi,

I think you are getting confused between NE and EG.

For NE you need 5 years RV and for EG you need 5 years of Aufenthalt (Daueraufenthaltserlaubnis/EG nach § 9 a, Studienzeit 1/2 gerechnet).

I also applied for EG without thinking of RV.

Regards,
Tony
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Re: NE 22 (44/2) months as student and 38 months employed
Antwort
25.01.11 13:15 als Antwort auf Ind Mdu.
Thanks a lot for all the inputs...

I got DE last week.

The criminal certificate took a loooong time. Everything else was fine.
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