Ref: Zuwanderungsgesetz_Fragen_Antworten_eng.pdf

Highly qualified foreigners can obtain a residence permit under the aforesaid conditions.
But a settlement permit can be granted at the very beginning of residence in certain cases.

For example, this is possible if you work as:
- A scientist who has special technical knowledge,
- A teacher or a senior member of the scientific community,
- A specialist or leading public employee with special professional experience
and a certain salary that is at least double the income limit for the assessment
of compulsory health insurance contributions.


In addition, the following preconditions must be met:

a) The Federal Employment Agency must agree to the granting of a settlement
permit, ????unless other regulations apply as a result of a legal enactment or international agreement.???

b) The assumption that integration in the everyday life of the Federal Republic of Germany and that earning a living is assured without state funding, must be well founded.

c) The agreement of the regional authority must be given if the provincial government has laid down that a settlement permit can be granted only with its agreement.

There is no right though to the granting of a settlement permit; the decision is at the
discretion of the authority.


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Your views needed

1) How do you define A scientist who has special technical knowledge ?

a) Is having a Ph.D. sufficient?
b) Is having a Ph.D. and work in industry sufficient?
c) Above plus a strong letter from company?

Even for a lawyer, how can he help to define that a person with Ph.D. degree working in an industry is a scientist with special technical knowledge.

Because at the end, There is no right though to the granting of a settlement permit; the decision is at the discretion of the authority.

So, is there a way around this, even with a lawyer? So back to waiting for 5 years of resident permit?

Hallo Jimmy,

WELCOME to german law, it is ambigious by design :-))

Don't waste your time, go where you are welcomed.

Cheers

JimmyHans,

You replied your own question by yourself. There is no concrete answer to your question. It will be handled case by case, in different German states differently, depending on the mood of the officer differently etc..

You said:
"the decision is at the discretion of the authority."

That is exactly the answer to your question. They call it in German, "Ermessensentscheidung"

Officer at ABH has the right to interpret the law where it is not so clear what to do.

Sorry for not being so helpful.

Good luck

Lacrima

Hi, I agree, however it is not the end of the story. Though it is ambigious to provides room for case-to-case evalution, there is mechanism to appeal. Nevertheless, the main reason I am posting this is to get feedback from others who are in this situation to share experience, both success and failure.

Issues to share

1) Where do you get your certificates translated to german, do you have a good source to get it done cheap and valid. Is it valid? Anyone can recommend generally how to tranalate document to german
2) At Munchen, I saw that it costs 85 Euro. But I think that could be a mistake. The official is 200EUro.

How is the application process? Do you submit all the form and documents for pre-evaluation, after which, if they think your case is good, then they ask you to pay? or you need to pay for them to evaluate your case and it is non refundable?. I saw sometimes back about 100Euro first, and then another 100Euro. Can someone correct me?

3) For people with permit before 1st Jan 2005, there is adv on german language skill evaluation. How do they evaluate your german language skills generally for people with permit before 1st Jan 2005.? Is there a standard?

Please give me your feedback, I will summarize at the end after sometimes.

Thanks

JH.

Regarding if people want us or not, this is other question. I have followed some interesting discussion on this topic. It certaintly have made many of us re-examine our cases and ask ourselves why we are here.

For me, it does not matter if they (Officers at local ABH) want us or know how to make us feel welcome. The key issue, is that the law is a historical breakthrough for Germany. They are smart German people who fought really hard to make the law passed and they are good reasons for that, beside the fact our Tax Money is needed. This is a Global Trends, happening througout Europe. One of the many reasons to apply NE is to at least make my vote on this.

JH.