Hello All

I am new to this forum and hence might make a few mistakes in giving the information properly.

My wife and I have been living in Germany for 6 years now. We both came here for doing masters and then stayed on for PhD degree (which we are currently pursuing).

The catch is that we were not married when we arrived here and got married after finishing the masters. Therefore, we have always had independent living permit in Germany based on our study.

After the marriage I starting working as a WiMi and my wife remained a student, pursuing her PhD on scholarship from university.

All well and good so far. Now she is about to finsih her PhD. and we thought she could apply for a free work permit based on the clause that allows wife's to get a free work permit after 2/3 years. But that was not the case as she was not dependent on me....and if she was then she would not have been allowed to purse her PhD right after the marriage and the change of visa status. Do you think we have a chance to get a free work permit for her as it will allow her better opportunities in the job market at this inopportune time of recession.

The other issue now I have is what with the NE. I will be completing 60 months with 18 months from masters studies and 42 months of work. If I am approved for NE...Can my wife get it also....does she have to be a dependent on me...what would you sugest for her to do - to keep her independent status and search for a job or get dependent on me and get a NE...lots of questions and a big confusion in my mind.

I am sure you would have come across these problems earlier...hopefully I will get some help and advise from the Forum members.

Thanking you all in advance

apsaps

Hi,

your case is more important than your wife because your wife can get immediate/free work permit only if you get a NE wrt. § 9 AufenthG.

You can count only half the time of the work you did during your masters, not complete (because of AufenthG §16 http://www.aufenthaltstitel.de/aufenthaltsg.html#16 ). Residence time in your masters is not counted for NE because of AufenthG §16.2.

Therefore you cannot get NE with 18 months of masters education and 42 months of work. You need to work at least 9 months more, supposing that you have worked in all 18 months during your masters education. This is also not technically possible.

You must find out how many months you have worked during your masters. No matter how long, all these times will be counted to half. For example, say, you have worked 10 months in a company for your master thesis. Then only 5 months is considered for NE. Since you have worked 42 months upto now, 42+5=47 will not be enough, either. Then you must work at least 60-47=13 months more to get NE. You can recalculate your actual case according to the logic above.

Before you get NE, she cannot get free work permit. But she has a residence permit in Germany because of you, thus she can apply for jobs. If she finds one, then Alien Office will give her work permit. Only after you get NE she will get free work permit.

If you get NE, then your wife might get NE immediately only if she still has academic education. This is documented in law as §9.3 in AufenthG ( http://www.aufenthaltstitel.de/aufenthaltsg.html#9 ):

(3) Bei Ehegatten, die in ehelicher Lebensgemeinschaft leben, genügt es, wenn die Voraussetzungen nach Absatz 2 Satz 1 Nr. 3, 5 und 6 durch einen Ehegatten erfüllt werden. Von der Voraussetzung nach Absatz 2 Satz 1 Nr. 3 wird abgesehen, wenn sich der Ausländer in einer Ausbildung befindet, die zu einem anerkannten schulischen oder beruflichen Bildungsabschluss führt. Satz 1 gilt in den Fällen des § 26 Abs. 4 entsprechend.

Since she will finish her PhD before you get your NE, she will not get the chance above.

Klenze17.

Hi,

I correct one information in my email. The period of residence permit, in which you got education is counted 50%, stated by law ( § 9 Niederlassungserlaubnis AufentG, law item for unlimited residence/work permit http://www.aufenthaltstitel.de/aufenthaltsg.html#9 ):

4. Auf die für die Erteilung einer Niederlassungserlaubnis erforderlichen Zeiten des Besitzes einer Aufenthaltserlaubnis werden folgende Zeiten angerechnet:
... 3. die Zeit eines rechtmäßigen Aufenthalts zum Zweck des Studiums oder der Berufsausbildung im Bundesgebiet zur Hälfte.

Since you have studied for 18 months, it will be considered as 9 months for NE calculation. Since you have worked for 42 months, then 60-(9+42) = 9 months more are needed. That means, in given conditions above, you can apply for NE only in December 2009. You should relcalculate your time accordingly, in which you were in Germany for educational purposes (masters, PhD etc).

Klenze17.

I think the Duration of PhD is not considered in the same way as a job. Bcz during the PhD phase, people register as student, and enjoy the benefits of students (i.e student id, semster travel pass, and reduced kranken vesicherung).

If the residencepermit status during the PhD is given according to the rule §16 then its counted only half.

AFSIK there is also a limit for counting the maximum of the student time in germany. like 10 yrs as student in germany cann't be counted as 5 yrs for a NE.

better contact the coresponding person in the Ausländerbehörde.

coolguyinwuppertal wrote:
I think the Duration of PhD is not considered in the same way as a job. Bcz during the PhD phase, people register as student, and enjoy the benefits of students (i.e student id, semster travel pass, and reduced kranken vesicherung).

Cool Guy, please read my last post. I have given reference to law. Law states that study times are counted to half. It is by law. BSc, MSc and PhD are considered as study times in Germany and there is no exception for this. If you still don't believe it, go to http://info4alien.de and search the member "schweitzer". He is an official about Alien Issues andh he said in the forums of this site several times that any study time is considered to half.

Klenze17.