Hi,

I would appreciate if one could comment on the following.

I first came to Germany in Oct 2003 as a student and completed my Master degree in June 2005. For about 2 to 3 months I worked on my student working permission but earned more than 1000 Euros during that time. Then from Oct 2005 to Oct 2006 I worked in the company on the permanent bases. Then I left my job and moved back to India.
My visa actually expired a day before I left Germany (Oct 2006) and as at that time I didn’t have any intention of coming back to Germany I didn’t apply for the extension.

But after 4 months I decided to come back to Germany, I found the job and applied for the visa in India. Since Feb 2007 I have been working as an IT engineer in a company. In Feb 2008 I got the visa extension. Till now I have the visa which restricts me for working in the same company.

My question is whether I am eligible for applying BE?

As I have also studied here and did the master, I read somewhere that the new regulations allow me for a visa extension for more than a year?

I know that in German immigration system my time of staying in Germany started again in Feb 2007, does my work for more than a year which I did here
before going back to India would count somehow?

This is important as one has to complete 60 months of paying taxes before applying for NE. Do these months have to be continuous?

Have I paid taxes for 24 months or for 36 months considering my case?

How should I convince the person in Aüslandbehörde to give me a visa extension for more than a year? Any German law article for reference?

Many thanks for your anticipation.

Best regards,

Rahul

Feb. 2007 is the date for BE, NE and passport. You need to have continuous employment.

The fact that your employer resticted residence permit was extended in Feb 2008 takes into account that your stay since Feb. 2007 is being recognised.

You are eligible for BE now in Feb.2009

First of all, please keep in mind that your counter was reset to 0, once you left Germany.
Your new counter starts again from Feb 2007.

So now come to your questions:

1. Yes you will be eligible for applying BE in Feb 2009. Now to get for BE, you can apply in Feb 2009 ( as now to get BE, it is enough to work for 2 years)

2. There is no law which states how long visa can be issued, it all depends upon the visa officer

3. To get NE, your previous stay will not be counted. You need to count it from Feb 2007

Hello Everybody,

I am a bit confused now. Is there any rule that specifies how and when your counter gets reset? My case goes like this:

1) Started working in Germany in 08/2004 on a 2Y WP visa (till 06/2006)
2) Got my visa extended in 06/2006 by another 2Y (till 06/2008) for the same company
3) Returned to India in 10/2007 (visa being still valid for another 9M till 06/2008)
=> Worked continuous in Germany for 3Y3M

4) Stayed in India for 3.5M till end 01/2008

5) Came back to Germany in 02/2008 and started working for a new company
6) Got my visa extended in 06/2008 by another 2Y (till 06/2010). This is time when I got my BE
=> Effectively, the counter hasn’t got reset in my case.

Could it be since I had returned to Germany on the same visa 3.5M after I left this country? If this is the case, when do I qualify myself for NE? Besides, going by the new 63K rule for NE (courtesy Klenze), can I apply for my NE in advance?

Many thanks for your kind patience in going through my case and giving me your expert inputs.

Cheers.

Since you did not inform the authorities about the 3.5M gap, they have not reset the counter.

Applying for NE under 60M tax payment might be difficult because u have not paid tax in that period. If you hire a good lawyer he might help you to cover the gap.

U r eligible to apply under 63k NE rule.

better to apply with the foreign office and see if they consider the break. Worst come worst they will reject and give the reasons for it. Then one can consult a lawyer to appeal or not.

for the counter to be reset one has to be away for a period of 6 months. 3.5 months can be considered as a long holiday ;-).

Many many thanks for the input...

There is still one question open and that is:

If there is any thing positive (of course from the visa perspective) about the fact that one has got a Master degree in Germany or has completed ones higher education.

I dont remember but I heard from someone that if one has got a Master degree, he or she could apply for the 3 year visa straight away after the studies!

well it is exactly what you said "heresay". But there is a rule which allows newer graduates to get a one year "job search" visa.

ok, i think i can answer this one as i was looking at something similar. As you went home only for 3.5 months , you are OK, just say you were on holiday. The law states the break should not be longer than 6 months without permission. Your clock has in effect strted from the day you first got permanent employment.

i did see somewhere though that you said you overstayed by a day, i hope thats not reflected anywhere as that will put you in the fire.

otherwise start counting from the first day you were permanently employed and when it gets to 5 years go forth and seek your NE.

A break of 3.5 months is fine if it was just a break and not your intention to leave permanently (of course it wasnt ;-) ).

if you didnt pay taxes for those months thats fine as well, as i would not lie and say anything else. say you were abroad on hols came bac and go another job. no law against that


good luck an hope you get a NE, even today after years of having it i grin when the cop at the airport looks at it and waves me through in a flash (not to mention the same everywhere else in Europe cept UK and Ireland)