Hi,

I have done my MSc from Germany. I was working on an unlimited contract in a company and my visa type was §18 during that work period.

Then I got a position as Wissenschaftlicher mitarbeiter in a university, as I wanted to do a PhD. I resigned from the company. I went to the Ausländeramt in Erlangen to get the permission for working as wissenschaftlicher mitarbeiter. The person there changed my visa type to §16 and gave me the permission. Is that correct? Should my visa type not be §18? What are my options? How can I ask the Ausländeramt to change my visa type to §18? What are my chances?

Any help will be highly appreciated.

Thanks & Regards,

Pansota

maybe this link will help you
http://www.trust7.com/en/foren/visa_questions/niederlasungselraubnis_for_phd_students_wiss_mitarbeiter_-_possible_or_not

otherwise you have to wait for rajeshspg to answer your queries

Thanks raj.

I know some cases, where people have got §16 for a full time Wiss. Mitarbeiter. However, I also know the cases where people have got §18 for a full time Wiss. Mitarbeiter. The only difference was perhaps the Ausländeramt or the person you are dealing with at the Ausländeramt.

The problem with §16 is that if I apply for NE later on, only half of my staying period would be counted. Also, I think, I cannot even apply for BE when I have a visa type §16.

I hope rajeshspg and other experts here guide me out of this problem.

Thanks & Regards,

Pansota

Hi,

Both PhD students and post-docs/researchers are classified as "wisenchaftlicher mitarber" ,the salary being set as TVöD13/14 (former Bat IIa/Ib. The basic difference is that OhD students are "theoretically" employed 50% time, that means, Bat IIa/2.
For a reason that I do not know, ABH systematically gives §16 to foreigner PhD students (Bat IIa/2) while §18 is given to Post-docs (Bat IIa), although both pay taxes, renteversicherung, social contributions and so on as "wisenchaftlicher mitarber".
Did you process your new visa using the university registration as a student? You could try to show your job contract and the salary slips where all the social deductions show up and claim that you're actually an employee, a researcher, instead of just a student benefiting from a "stipend" or scholarship (in these cases you don't pay social contributions).

Good luck

Ari

Thanks Ari.

I am working on a TVL E13 full position. I think the salary is equivalent to Bat IIa.

I do not have any university registration as a student.

When I applied for the Erlaubnis, I did not have the contract from the University. I only had a letter from the University which stated that I'd been offered a Wiss. Mitarbeiter position at the University with the intention of a "Promotion".

The university cannot give the contract, if I do not have the Erlaubnis to work. Now that I have got the Erlaubnis, I'll get the contract from the University. It's like a chicken egg scenario.

One possibility that comes to my mind is that I should go to Ausländeramt with the work-contract again and request for a change of visa type.

Any other suggestions, experienced opinions are most welcome.

Thanks & Regards,

Pansota

@ Pansota

You will get only § 16 for your PhD status. only postdocs can get § 18.

Regards and Good Luck

Thanks Rajesh.

During my MSc, I have had AufenthaltsBewilligung for 12 months. Then, I had §16 AE for 15 months.

Then, I had the §18 AE for 27 months. And now I've started my Phd with §16 AE.

I am sure I'd have paid 60 rente by the end of 2009, but I'll have a §16 AE at that time due to PhD.

So, the question is: can I become eligible for BE or NE on my current §16 AE at any time in future? If yes, when can that be? I would be very grateful for your help in this regard.

Thanks & Regards,

Pansota

The time which you spend with § 16 will be counted as half for your NE-EG(Daueraufenthalt-EG). § 18 will be counted as full..

You need just to calculate when will you get the NE-EG

Good luck and Best Regards
Rajesh

Thanks Rajesh.