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Visa Questions

To apply or NOT to apply for NE under §19?

Hi everyone,

I read in this forum that it is rather difficult to obtain NE under one of the items of §19.

And I have a question about it.

I came to Germany as a PhD, I have worked and taught in Austrian University and "just" worked in German University - no teaching. Then, after 9 month break outside of EU and Germany I found a job in Germany again.

Now, I am changing my Company and a new job description clearly says that the reason of my employment, after some learning, is training of newly hired staff.

Unfortunately, my salary is below the requirement stated in §19 Abs. 2 Nr. 3 AufenthG, so I am not entitled yet for this possibility. And my contract is restrited.

**The question**: could this be a reason to apply for NE under §19 Abs. 2 Nr. 2 AufenthG?

Since it is a pharmaceutical Company, most probably I am not a “Lehrperson” (is it only relevant for educational institutions such as School or University?) but definitely “wissenschaftliche Mitarbeiter”. Perhaps with lawyer’s support is may be possible to persuade authorities… Plz let me know your experience.

And one more – if I remember correctly, after one’s application for NE is rejected, there is a kind of penalty – this person for some time will not be able to apply for NE again. Is it true and if it is true, what is the penalty?

Thank you all for your time and effort!

Regards,
Yuriy
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