Hi t7 members,

one of the most asked questions about the Blue Card is, if a foreigner with a work permit issued before the 1st of August 2012 can apply for permanent residence (NE) under the new Blue Card rules. The answer is NO!

But he can apply for the Blue Card and then, after 2 (with German language knowledge) or after 3 years, he can apply for permanent residence under the Blue Card sheme.

This makes no sense for people who are here for 2 or 3 years already and who paid into the social insurance system, because they will get NE after 5 years, anyhow.

Changing to the Blue Card rules makes sense for experts who are in Germany for less than 2 years or for experts who want to get their spouses to Germany, because with the Blue Card a spouse do not need to do a German language course before she can apply for the visa and she can start to work immediately when she arrived in Germany!

I do not want to forget one disadvantage: The Blue Card is tied to a company and there are no experiences if and how one can change the Blue Card to a new employer if necessary.

These are just some examples, at the end everybody has to think about his individual situation if it makes sense to change from the 'old' work permit to the Blue Card.

Although I got this information from our lawyer, This is no legal advise! I can not guarantee if it works 100%!

Good luck
Detlef

Hi Detlef,

I am planing to apply for 6 month seaching visa , but I can't find any link and any new information about new rules , which affected from 1th of August....

Can you help me...?

Thanks in advance!


Nika

Hi,

you have to apply at your local German Embassy/Consulate. 

§ 18c residence permit for job search for qualified professionals
(1 ) A foreigner who has a German university degree or an accepted foreign university degree equivalent to a German degree and whose livelihood is secured , a residence permit can be issued to search for a qualification suitable employment for up to six months. The residence permit does not authorize to work .
( 2) An extension of the permit specified in paragraph 1 above the maximum period is strictly forbidden. A residence permit under paragraph 1 may be restored only if the foreigner has after his departure delayed at least so long abroad, as he has previously resided on the basis of a residence permit under paragraph 1 in Germany.
(3 ) Paragraph 1 shall not apply to foreigners who are staying with a residence permit for another purpose in the federal territory .

Good luck
Detlef

Thanks for information

Hi Detlef, 

Thanks for these useful information,
Can you please give some information about the following two points,

1. If some one is already working for 4.5 Years and he changes to Bluecard due to spouse visa, Can he apply for NE/Dauerafu-EG after 6 months or he also need to wait for 2/3 Years.

2. Changing to Bluecard, has it any impact on Einbürgerung, because in some states they consider study time only if your further stay leads to permanent settlement. 

[quote=]I do not want to forget one disadvantage: The Blue Card is tied to a company and there are no experiences if and how one can change the Blue Card to a new employer if necessary.

HI Detlef,

with resepect to your statement above. The following is my situation, I am in Deutschland with WP from Aug 2010. In the month of May 2012, I changed the company. Now my work permit that I hold is tied to my present employer and is valid for another 3 years.

Now the questions
1) I believed Blue card will be employer independent - but your statement says above, it is NOT so. so in my case there is no advantage by applying for a Blue Card - right?
2) Can I now go and apply (since 2 years will be through with this Aug 2012) for removing employers name from my work permit?
3) Even though Blue card system is active now - will ONLY the old law (after 2 years - employer independent, after 5years NE, after 8 years citizenship, etc) be applicable for me, since I came in Aug 2010?
4) I have spouse (looking forward to work in future) staying with me in Germany - what would you suggest for me as next step
   4a) apply for a blue card?
OR
   4b) apply for removing the employers name in my present work permit (and continue in my existing system)?


Gladiator

Hi,

if you change to Blue Card your 4.5 years are lost for NE, not for citizenship. Nevertheless, if there is only 0.5 years missing for NE I would not change. Especially because we do not have Blue Card experiences from real life so far!

Good luck
Detlef

Hi Gladiator,

you answered yourquestions by yourself already ;-

Is your spouse already in Germany? In this case I would not change to Blue Card, just let your employer be removed from your work permit.

If she is still in India, without German language knowledge, this would be a different situation. At the end it is your decision and I wish you the best!

Detlef

Hi,
Iam a Med.Doctor working in Magdburg from February 2011 ,i
already have a B2 certificate in Deutsche sprache and i would like to
know if i am qualified for a niederlassungserlaubnis after 21months(by
the end of October this year.) or not and is it a good idea to apply for
a Bluecard?
Regards,
Raju

Hallo Detlef,
Greetings,
Thank you for opening a wounderful topic on "Blue Card for Old Work Permit Holders!".

As per the §19a Absatz 6,
"(6)
Dem Inhaber einer Blauen Karte EU ist eine Niederlassungserlaubnis zu erteilen, wenn er mindestens33 Monate eine Beschäftigung nach Absatz 1
ausgeübt hat und für diesen Zeitraum Pflichtbeiträge oder freiwillige Beiträge zur gesetzlichen Rentenversicherung geleistet hat oder
Aufwendungen für einen Anspruch auf vergleichbare Leistungen einer Versicherungs- oder Versorgungseinrichtung oder eines
Versicherungsunternehmens nachweist und die Voraussetzungen des § 9 Absatz 2 Satz 1 Nummer 2 und 4 bis 9 vorliegen. § 9 Absatz 2
Satz 2 bis 6 gilt entsprechend.Die Frist nach Satz 1 verkürzt sich auf 21 Monate, wenn der Ausländer deutsche Sprachkenntnisse der Stufe B1
nachweist."

If my Understanding is correct, the § says: the holder of a Blue-card EU is eligible for a Permenent residence, if he had contributed 33 months of employment according to the sub-§ 1 and in this time-period he had paid the Rentenversicherung.

The §19a Absatz1 says the eligiblility of bluecard, so the persons who work in Germany as Sw.Engg (for 2 or 3 yrs) will automatically enter in to
highly qualified employment when he gets a Blue-Card EU.

So if a person stayed and worked in Germany for 3 years and on 1.Aug.2012 when he is willing to go for Blue card, is the §19a Absatz 6 eligible for him
to get the PR?, because the §19a Absatz 6 can also be understood as "the holder of Bluecard with highly qualified employment for 33 months (21 months in case if he has B1-Certificate)", apart from "33 months of Employment with Blue-card-EU".

Kindly provide your suggestion in this perspective.

Thank you in Advance
Raj

Hi Detlef,
 Thank you a lot for useful information.

I have a question: How much money I must have into my bank account for proof that  livelihood is secured to apply for 6 month serching visa ?


Thanks in advance!

Nika 

Hi Detlef,

is it confirmed that the already living people wont get the benefit?
I am already living here for a year with §18.

So if I go tomorrow for the card, you mean my one year would be lost towards NE?

I mean I would have to wait again 21 months and not 9 months?

This will make the people already woking here dissappointed.

Please confirm.

best regards,

Hamad.

I am looking forward for the reply for brain_Teaser / Raj - exactly the same question in my mind.

Please Detlef or others, reply to his post.

Gladiator

Hi guys,

I thought I made it clear, but obviously my English is not good enough ;-

So I try it again. If the information which I got from our lawyer is correct, you can not take the best out of the old work permit system and take it with you to the new work permit (Blue Card) system.

If you apply for a Blue Card, the time you already worked in Germany will not count!

Maybe I did not get the meaning of your question? If so, do not hesitate to ask again.

By
Detlef

Hi Detlef,
 Thank you a lot for useful information.

I have a question: How much money I must have into my bank account for proof that  livelihood is secured to apply for 6 month searching visa ?


Thanks in advance!

Nika 

Hi Nika,

I do not know! I guess if you present them a return ticket and a friend confirms that you can stay at his place or you can proof that you have a paid hotel stay, they will ask for additional 500,- € per month?

Maybe one of our community members knows more?

Good luck
Detlef

Thank you for information, Detlef!

Hi Detlef,

I try my best now ;)

   When should the counting of 33 months of employment start? As per the post of brain_teaser/Raj (and the extracts from the law), it is NOT explicitly required to start this counting after the possession of Bluecard.
   
   As per law, it is only required 33 months of employment - when this (33 months) should be counted is interprettable as far as I can see and read - Please correct me if I am wrong.
   
   However, Detlef, your lawyer has said that we have to start counting this 33 months only after the possession of Blue card - against which extract of the law can we refer to - to say your lawyers statement is correct?
   
   the idea of the whole argument is to utilise the period of stay with employment, which is already spent (prior to the Bluecard application) in DE towards the fullfilment of the rule for NE after Bluecard
   
Schönes Wochenede
Gladiator

Hi again,

because it was not clear when the counting of the month starts, I asked our lawyer. She said that the counting for a Blue Card holder starts the moment he/she becomes a Blue Card holder. 

I suggest you or anybody else tries to apply for a Blue Card and then, the very next minute tries to apply for permanent residence because of the time he/she already worked in Germany. 

Then we will know if our lawyer is right or not ;-

Please do not get me wrong, I am not annoyed but even if I write about his 10 times more, I do not know the answer. We need some practical experiences regarding the Blue Card. If I would have to bet on it, I would bet on what Katja, our lawyer said.

I wish allof you a very nice weekend 

Detlef

Hi Guys,

I was not lazy, so I called Ausländerbehörde and asked directly if one can apply for a Blue Card if one is living in Germany and has a work permit, and what happens with the time you have spend paying your tax and Renteversicherung. So, I got an answer, yes you can apply for a Blue Card if you have more than 44 000 €/y salary, and your time spent does count for geting NE! I asked this one specifically, so if I have payed 10 months so far how much I have to pay more to Renteversicherung? And the lady working there told me, then you need 11 months more after you get a blue card to pay for the NE, if you have passed a required german language test. The requirement they told me is 3 last slips from salary, a valid contract, 3 photos, passport and 90 €.

This is the info I got from Ausländerbehörde Frankfurt am Main. Can you comment Detlef? Is it possible for them to give a wrong info?

Have a nice weekend!

P.S. Once I get a blue card, when do you think I should bring my wife to get one too (or work permit whatever...). My wife is on a job serching visa (she graduated from a german university, and is now on 1 year job searching visa, only 90 days work allowed...). Is it problematic if we go together, because it might be obvious that we want her to get a work permit asap... Btw. she got several answers from different companies, something like "we are very interested in you and want to take you but its for us too complicated to employ a non-eu citizens... please let us know when you get a valid work permit".

Hello Detlef,

Thanks for your so many valuable info. regarding the EU-blue card.

Could you pls also advise me some more details for my below concerns:

I have a German Contract with one and half year validation ( starting from Dec 2011 to Jun 2013), and now 8 month alreday past, in this case, am I still eligible for applying an EU bule card ?

Thanks for your reply and have a nice weekend!!!

Hi Detlef,
   No Problem, I completly understand

   I will try to go to KVR the coming week or the week after and check. I will also update my personal experience here.
   In the mean while, if some body else has already made a personal experience, please post it here as well

Happy weekend to all
Gladiator

Hi Gladiator,

see what Stan wrote. Seems that my lawyer was wrong, which would be good ;-

At the end we will have many different experiences, let us see what they tell you.

I am back on Tuesday.

Have a nice Sunday, all of you!

Detlef

Hello ,

Before i ask you questions let me give my background. my husband has come to germany on work, he works as a design engg in a prestigious firm. as of now i have dependent visa and cannot work. we have  been here from past 12 months and are very excieted about blue card.

i would request you to help me with the following

1. if my husband applies for a blue card, can he change his job anytime or immediately after getting blue card?
2. what happens to contributions he has made towards pension and others, will it continue to accumilate or get dissolved?
3.if i get a job and my husband's project is over, do we both have to return back to our native or can he quit his job and start searching another job while i am still working? 
4. to get NE (permanent residence) the duration before getting the blue card will be counted?

Thanking you in advance . and i am also in touch with the office, as soon as i get any info i will write it on ur forum.

http://www.berlin.de/labo/auslaender/dienstleistungen/index.php/dienstleistung/324659/en/

this may be helpful . try it.

@Detlef

I have approached Frankfurt Authorities for applying of NE under highly qualified category, since my salary is above EURO 68000 p.a and working here for last 45 months and paid social security.

They have not accepted my application for NE or applying of Blue card and reapplying for NE.

Because there are so much candidats for the Blue Card-EU, the Frankfurt authorities have decided to issue it currently only for new applications from abroad and for extensions.

Please find the following information I got for Authorities:

Es trifft zu, dass § 19 Abs. 2 Nr. 3 AufenthG gestrichen worden ist. Eine NE bei Überschreitung des darin genannten Einkommenslimitkann bei Antragstellung nach dem 01.08.2012 nicht mehr erteilt werden.Gemäß § 19a Abs. 6 Satz 1 AufenthG ist dem Inhaber einer Blauen Karte-EU eine Niederlassungserlaubnis zu erteilen. Übergangsvorschriftengibt es dazu nicht. D.h. wir müssen zuerst die Blaue Karte-EU erteilt haben. Bei der großen Zahl potentieller Kandidaten liegt es auf der Hand,dass wir nicht sofort in die Prüfung einer NE einsteigen können. Hier ist denen der Vorzug zu geben, die erstmals eine Aufententhaltserlaubnisoder eine Verlängerung erhalten müssen.

That means, I can not apply for the Blue Card-EU / Niederlassungserlaubnis at the moment.

I dont know what to do now.

Hi balajibh,

thanks a lot for this valuable information! Now we have more certainly regarding the new rules for old work permit holders.

That's why I recommended people like you (with high salary) to apply before the 1st of August. Now it is to late and I guess you will not have a choice and you have to wait a couple of weeks before you start another try to apply for the Blue Card and then for the permanent residence permission.

I can understand the officers at the alien office and if you have to wait just a couple of weeks, it is not that bad, isn't it?

Here comes a short translations for all of you who do not understand German:

It is right that the old paragraph 19 where people could apply for a 'Niederlassungserlaubnis' (NE) permanent residence because of very high qualifications which could be proofed with an income above 68 k per year has been cancelled.

The holder of a Blue Card will get NE, but an old work permit holder has to apply for a Blue Card first and then, when he got it, he can apply for NE under the new rules. Because of the big number of applicants for the Blue Card they give priority to new applicants and to those who will make their first extension of a permit. Therefor they did not accept the application of Balajibh at the moment.

----------------- end of translation ------------

I am sure this will be handled different from one alien office to another, so if anybody will try the same at another place, he should do it!

Good luck
Detlef

Hallo Detlef,

Greetings,
Kindly correct me if I am wrong in the translation
Hier ist denen der Vorzug zu geben, die erstmals eine Aufententhaltserlaubnis oder eine Verlängerung erhalten müssen.

The priority is for those who extend their first Residence permit (After landing in Germany with Visa-D for 3 months) or for those residents whose residence permit will be expired in the coming months (Sep, Oct..) and need extension.

Cheers
BT

Hi BT,

yes, that's how I would read this 

Viele Grüße
Detlef

Hallo Detlef,

Thanks you for the reply.
Can you kindly through your perspective on my post "§19a Absatz 6".

Regards
BT

Hi BT,

yes, I share your view of the things you posted in this older message. Especially after the experiences of balajibh at the Frankfurt alien office, which he reported yesterday.

So if one gets the Blue Card with more than 33 month paid employment, he should get the permanent residence permission.

But this is still not 100% safe, because different alien offices might come to different interpretations of the law. If you are the one we are talking about ;- go ahead and try it!

Good luck
Detlef

Hallo Detlef,

I have gone a head and shared my experience with Ausländeramt under a new post:

http://www.trust7.com/forum/-/message_boards/view_message/662434

Kindly share your opinion from the above new post.

Regards
BT

According to a reply I received from the Ministry, time spent in Germany with a permit issued under §18 Abs. 4 AufenthG in conjuction with §27 BeschV for a position that paid more than the minimum amount set in § 41a Abs. 1 BeschV can also be counted for an NE application under §19a Abs. 6.

Hi arianne,

thanks a lot for this information. This confirms the experiences we made in the last weeks and it gives safeness to those who want to go this way.

So I got a wrong information from our lawyer at the beginning of August and now we can all be happy that this early info was wrong.

I wish all of you a nice weekend!

Detlef 

Hallo Detlef,

First great thanks to Arianne, about the valuable information.

The Information from Arianne is officially available in "http://www.bmi.bund.de/SharedDocs/Downloads/DE/Themen/MigrationIntegration/Auslaender/hochqualifiziertenrichtlinie.pdf?__blob=publicationFile"

"Angerechnet werden Zeiten des Besitzes einer Blauen Karte EU. Darüber hinaus
werden Zeiten des Besitzes einer Aufenthaltserlaubnis nach § 18 Absatz 4 AufenthG
i.V.m. § 27 Beschäftigungsverordnung angerechnet, wenn der Ausländer über einen
Hochschulabschluss und ein Gehalt verfügte, mit dem in dieser Zeit die nachfolgend
genannten Mindestgehaltsgrenzen erfüllt wurden."

And the minimum salary level (yearly and monthly) for the years 2009,2010,2011 could be found in the table.

My question from the "19a Absatz 6" post:

That the officer considered my 21 months from Nov 2010 to Aug 2012, I think so the officer asked my salary slip for the year 2009, 2010, 2011 from the above §.

Should the officer need to consider only the minimum salary level for the time period (Nov 2010 to Aug 2012) or for the completly for the years 2009,2010,2011.
When the officer considering the years 2009, 2010, 2011, then only who started working in Germany from the year 2009 will get the credit of previous years.

Please share your perspective.

Regards
BT

Hello Detlef,

Recently I will a liitle upset becaused of my applying for EU-blue card was refused by the Rathaus officer as below:

Actually I cannot fully understand the reason of refusal, Could you kindly explain a little bit, and appriciate your further advice.

**********quote*******"Sie halten Sich derzeit im Personalaustausch in Deutschland auf und haben auch den entsprechenden
Aufenthaltstitel hierfür erhalten. Eine Umstellung auf die Blaue Karte ist für diese Tätigkeit, die
Sie bei Siemens ausüben leider nicht möglich, da Ihr Studienabschluß (Bachelor der Literaturwissen-
schaft) nicht der ausgeübten Tätigkeit entspricht **********unquote********************

**********quote*******" wie bereits mitgeteilt kann Ihr Aufenthaltstitel derzeit nicht umgestellt werden,
da Ihre berufliche Qualifikation (= die Fachrichtung des Studienabschlusses) nicht
mit der ausgeübten Tätigkeit "übereinstimmt".
Sofern Ihr Vertrag im Personalaustausch im nächsten Jahr verlängert wird, können
wir Ihre Aufenthaltserlaubnis jederzeit so wie bisher im Rahmen des Personalaustausches
bis max. 07.12.2014 verlängern **********unquote********************


Thanks you very much!!

Hi,

they said that the field of your studies (literature) does not fit with your field of work at Siemens, I guess IT? So your Bachelor degree does not help to get the Blue Card. Additional they wrote that your are in a special exchange program, but I do not know if this is a problem too.

If you have 5 years of experiences in your IT job, this can replace the degree. Try to get a letter from your employer, stating that you are a highly qualified expert with xx years of experiences and try it again.

Good luck
Detlef

Amazing work.

Thanks a lot Detlef, Arianne, and BrainTeaser. I was at the Munich KVR and I do confirm that it is possible to use the previous RV that we paid in work permit for NE application via blue card

Good luck for all of you taking this way

Have a nice day

Gladiator

Hello Detlef,

Thanks for your explaination.

The "exchange programm" refers to my delegation, because I was delegated to headquater in Germany 1 years ago.I already explained to Rathaus officer, I don't think my delegation can be a reason for refusal of blue card.because it is a host based delegation (with a new contract with host company ) rathe than a home based delegation ( with domestic contract but works for host company), I signed an employee contract with this Germany company. which is eligiable for the qualifications regarding the German contract and salary level.

Furthermore,a friend of mine who also in delegation here, but her application is accepted without any questions, and she already got the confirmation letter from the Rathaus and will get the Bue card soon.

So I'm thinking, maybe I need hire a lawyer??

Dear Detlef, could you kindly give me some advice? Many thanks : )
 

Hi Vicky,

what about your field of work? A Bachelor in Literature will not help for an IT Blue Card. Do you have some years of experience in IT to compensate the missing degree? Do you have a recommendation letter from your company?

That's what I asked/suggested in my first answer.

Good luck
Detlef

Hello Detlef,

Pls kindly note my Bachelor degree is Literature,In China, that is a general summarization for majors on Foreign language, International ecnomics and trade, Art, Business managment, Journalism,Linguistics,etc...

And my major is Foreign language ( direction is business English), and my current job belongs to international business, I mainly responsible for material business between Germany and China. in this aspect, I think my diploma fits in the field of my work at Siemens. and in the past 5 years, I works in the same fied for international trading.

and I already explained both my degree & delegation issues to Rathaus officer, once again,refused as below ( If I understand right, this time the reason for refusal focus on my delegation):

************quote******************ich habe Ihren Vorgang noch einmal bei meinem Chef vorgelegt.
Wie jedoch bereits mitgeteilt kann für die derzeit ausgeübte
Tätigkeit im Personalaustausch keine Blaue Karte erteilt werden. ************unquote**************


It seems there is no more chance for me to get a blue card : (


Best Regards,
Vicky

Well,

in this case you should take a lawyer.

I can reommend VPMK lawyers Berlin. They work all over Germany.

www.vpmk.de

Again, good luck

Detlef

Dear Detlef, 

Thanks a lot for your advice and recommandation. I will try it.

schönes Wochenende  


Best Regards,
Vickyovicky 

Hi Detlef,

Please help me understand if I may be provided blue card when I extend my visa. My present work permit is of type "beschäftigung im rahmen personal - austausch bei ****** " & it is expiring soon. I do not have salary slips or an aggrement for an year. All I have is an invitation letter stating that the company wants me here for next year. I have been here already for an year. I have a degree in my field of work (mechanical engineering). I am being paid in terms of per diem & I receive a salary in my home country. 

Thank you for providing  invaluable information to all of us.

Have a nice weekend all !!

Hi mech_expat,

I do not know the answer to your question. A tip for you and others... do not address your questions directly to me. There are many other community members who know much more about this than I do and they may not answer because they will wait what I say/write ;-

Additionally... I am providing this forum, but I do not have the time to watch and answer everything. I am a very busy man with 2 companies and a family with wife, dog, cat and 2 parrots 

Good luck
Detlef

Hi mech_expat,

It looks like you are on a deputation from a company in your home country (or the company has a base somewhere else). To apply for a BlueCard you will need a contract with a Germany company or your company need to have a registered office here and you need to be a direct employee there, paying all social insurances (not just Tax as your company might be doing now). This is not only for BlueCard but for any other conversion of the type of Visa that you have. It is limted and limited to 2 years.

I am not an expert on this topic. I was here too in Germany on the same Visa and I am talking from my experience with it 6 years ago. Maybe things have changed now but most likely not.

Regards,
Nirmal

Hi Brain Teaser!

Thank you for the link. I didn't see it on the BMI website and I haven't seen any links to it either. I was originally very impressed with the detailed reply I received from the Ministry, however, I've now realised that she basically just copied and pasted her answer from the Richtlinie.

Since you both seem to be seconded (entsendet) here, you are not eligible for a Blue Card (§19a Abs. 5 Nr. 6 AufenthG).

Hi Detlef,

I am working in an university in Germany for last 3 years as scientific staff, I have a contract till March 2013, my degree is masters in engineering and I get a salary more than  40.000 Euro. Can I apply for German blue card?
If I apply for blue card now, what will be its validity (as my contract is valid up to March 2013).
I don’t understand whether I can apply for permanent residence with my past experience of 3 years in Germany, even if my contract is valid only up to next March.
After applying for blue card, how much time it takes to obtain it? And can I immediately apply for residence permit once I receive blue card (if my past 3 years is considered).

Regards,
Bharath

Hi colleagues.

I'm now after reading all those answers still confused. 

Shall the owners of old law Work permit  apply then for the NE even if they do not reach 60 month RV ? 

Could any one summrize in one message, what's the conclusion ?

Cheers
Alex

Your can apply for NE under new rule of NE which reduces time (working time) from 5 Years to 3 Years for Degree holders from German University, You can also apply for Blue card and then with B1 Certificate you will be eligible for Dauer-EG(I am not sure about NE)  after 21 months of working time or after 33 months without B1.

If your yearly pay during Study period was more than Bluecard limit and you pay rente then they "might" consider this time...But first of all you were not getting that... even if you were working full time they see this average, at least in our ABH

Hi Gladiator and mebmers,

Gladiator, I noticed one point in your post that one can get an employer-independent work permit after having worked for a company for initial 2 years. Could you please or any other member, who has been through this can confirm it?

I got my work permit valid for 3 years and is tied to my current employer (1 year has alraedy plassed now). I was not aware of the above fact and would highly appreciate if someone could please advise me further on this as to how to obtained emplyer-independent work pemit.

many thanks for your support.

regards,
Raj
(from Munich)

@ Raj

Go through my earlier reply in another thread, where the applicable § is mentioned:
http://www.trust7.com/forum/-/message_boards/view_message/586091#_19_message_586747

For detailed Info, just ask to ABH.

Gruß,
Max (also from Munich)

Thanks a lot Max, shall read through your thread.....
others, please do share your views/experience.

Today Frankfurt Ausländerbehörde Authorities accepted to issue  ' Niederlassungserlaubnis'  to me directly without ' BLUE CARD',  based on the new rule effective from 01 Aug 2012.

Hi,

thanks for the update and congratulations!

Have a nice weekend

Detlef 

Hello Balajibh,

Do you have sufficient knowledge of German? Did you complete B1? Would there be possibility to get NE for highly salried people (for instance who has 69 K) per annum?

Thanks for sharing your exp.

Hi aaditya,

My German is very basic (A1 Level), now as per Blue Card system salary limit EUR 44K p.a. for highly qualified category with 33 months of Pension Contributions without B1.

Hallo balajibh,
Congrats!!! for your NE.
The NE was processed to you by the new law (01.08.12) without Bluecard, but have you paid for both Bluecard and NE?. Or only to NE.
Why i ask this question is: Our ABH told I need to first change to Bluecard (€.110), then I just go out and come in to the office, apply for NE(~€.150)
so totally ~€.260.

In my case they issue me the bluecard first then I should return the bluecard and get the NE. They said direct NE is not possible.
Kindly share your opinion.

Cheers
BT.

Hello brain teaser,

For me NE was processed without Bluecard and i paid EUR 135 only.

Hi everybody,

I'd like to know does anybody obtain the NE (under new law) and/or Blue card from Berlin?

Thank you.

HI all,
I read all the messages here and still need some clarifications for my case.I started my job in Germany from middle of Feb.2010(my back
ground is mechanical engineering  but working as a sales Engineer). I have an (unbefristet)permanent job contract and need to
extend my visa soon.The questions are:
1)per as my permanent working contract,how long would be my new resident permit (visa) ?
2)If It would be a good idea to switch to get Blau card or not?(my first year annual salary was 36000 and second year is 48000).Does they calculate the average salary or the last one?is that enough for my case?
3)When I would be able to get NE?I have an old certificate of German language A4.Does my contract help me to get it sooner?
your prompt reply is highly
appreciated, regards

Hi Trust7

I have reached Germany on temporory workpermit with an intention to apply for blue card.My blue crad appointment is in February.

I am getting married in January and I am planning to apply spouse VISA for her once I have the blue card.

Does she require proof of German langauge when she apply for VISA.

Thanks in advance

Regards

Anoby

HI RajDe,
   I am sorry I was stuck up with work and then a huge vacation
   Its better late than never. but I hope you got your answer by now...

  If you havent got it yet, In summary, yes, you can remove the employer name after 2 years (with some processing time involved - say 8-12 weeks) or after 3 years (with almost no processing time) of working in DE

   BalajiBh post was indeed a perfect reply for you.

-Gladiator

Hi BrainTeaser,
   Boy oh Boy, I missed a lot of action during my vacation, didn't I?

   I think BalajiBH was lucky to get away with the payment for the Bluecard.

the written communication I had with Munich ABH goes in the following lines
"Für die Erteilung der Niederlassungserlaubnis ist lediglich Voraussetzung, dass Sie im Besitz einer Blauen Karte sind und 33 Monate Pflichtbeiträge geleistet haben, nicht jedoch während der 33 Monate eine Blaue Karte haben müssen."

  Which means litterally at the end, we should be sitting on a blue card to apply for the NE, along this clause.
   please note that the last statement only says that you dont have to be sitting on the Blue card while you paid the 33 months Pflichtbeiträge.

   I know its bit too late info than when you needed, thought I might share what I know.

 @BrainTeaser - would really appreciate, if you can share what exactly happened to you in your case

- Gladiator

Hi All,

Currently, I hold a residence permit and wish to move to blue card (in Germany).

I have couple of question.

1) I meet all the conditions for the Blue card but is it advantageous to apply for the blue card as my current residence permit is still valid?

2) If I get a Blue card then how much time will I get to stay in Germany if I wish to change my employer (or my employment is termiated) ?
    How is this different from the existing residence permit that I have (will I have to leave immediately after job termination in the old system)?

Thanks in advance for your help!

- Nick!

Hello all,
i have gone through all the messgaes above and really appreciate all for the information shared. It has resolved many queries already for many of us.

But I have some further queries on my particular case and as I have a foreign office appointment on 10 th march, would really appreciate if you could share some info before that- so that I raise the points to the visa officer on that day

My case
- i have been in wuppertal, NRW for the last 2 years (mar 2011-feb 2013 without any break) in a Fixed term contract for an indian IT comp (1 yr + 1 yr extended) Under section27. I have paid 24 months social security already and gross sal was around 72k€ pa
- i am a mechanical engineer with MBA ( both from India) and have total 5.6 yrs exp in IT business consulting
- now issue is : my company wants to change my visa section from27 to 41 ie as per them there is no need to pay social security anymore in germany if provident fund ( i think similarto social security in germany)is paid in India. So they are paying a part of my base salary+PF in india and has given a new contract for next 3 years. But reduced the gross in german sal to 52k€, as they said they will give some part of indian salary
- i donot have any german language skills yet but plan to do for sure from next month

now I am confused a bit as to what should I ask at the foreign office so that I get the permanent residence in near future

-will I get a blue card or should i ask for one?
-if they agree to give a blue card, can I ask them to remove employer from the future work permit so that I can change job
- if i can get B1 certified in another 6 months , can i apply for perm residence then ?although I will not be paying social security anymore under section41. But i have already contributed for 24 months
-last dumb question...is permanent residenship leads to german passport and it means one has to surrender the indian one?

Apprecite your help and kind response in advance

Pls help!!

vishal

Hallo Vishal,

Greetings,
Exactly this topic I want to discuss in this forum.
The situation is now Germany and India had signed a contract (you can search in this forum) about the Retirement Scheme. In that one point is for those who come as delegate they need not to pay the Retirement money to the German Pension scheme until 5 years. You will be contributing to Indian pension scheme till 5 years from the beginning of your Delegation.

There is a publish in our forum you can look on it.

The Blue card rule says that you have to get a fixed contract from the German company. Indian companies transfer you to the German-Based company when you have long-term deputation, then you have a fixed German based contract, BUT when the officer finds you as a Delegate deputed for long term he/she may think to offer you the Blue card.

But asking will not charge you any penny.

If the Forgnier dosen't contribute to German pension scheme then the basic point in the paragraph of Niederlassungerlaubnis (PR) through "blue card" is not satisfied.

You have already paid 24 months of pension in Germany, so it shouldn't be the problem.
Your case is a special case, by the time you submit your application for PR, say in 6 months the last 3 months salary slip will reflect the pension scheme contribution, which you have no possibilities to pay because of your current contract , pls go to Rentireversicherungs Amt and make a "Versicherungsverlauf" (A printout which lists the contribution made by you to the German Pension Scheme),

During your appointment ask the officer whether the 24 months is enough or you need to contribute to the German pension scheme through out your stay in Germany or @ the time you apply for your PR.

Also check which kind of officer you approach (Ask some of your Forigen colleagues who approached Ausländeramt in your region before you go to meet them), if you have luck the officer will accept the old 24 months.

Best of luck

Cheers
BT

Dear Detlef,

I have a question for you, No one could give a clear answer to me.

I have been working in Germany for about 13 months and I have limited work permit (my company name is written on my work permit) so that it doesnt allow me to work as arbeitnehmerüberlassung.  Foreign office (Auslanderbehörde) told me I need at least 36 months to remove this company name and then I could work as arbeitnehmerüberlassung. 

I went to Auslanderbehörde and they told me I could apply blue card (I am an engineer , and my gross salary is more than the 48000 euro per year). 

If I get this blue card, does it allow me to work as arbeitnehmerüberlassung ? If it is not, IS there any other chance to change my visa type or smtg else.

Thanks alot

best regards,