Dear all,
Good day! I request you your sugggestions to get NE or Visum as I believe I have the possibility due to the enlightment given by this valuable website.

Summary of my situation:

May 2002-July 2006- PhD, Wiss.Mitarbeiter; Paid AV,PV,RV;
Visa status:AufenthaltsBewelligung first 2 yrs
Aufenthalserlaubnis §16 ;next appr 2years:

Aug 2006-Oct 2006- Aufenthalserlaubnis §16; Had visa for 1 year after my PhD to search for job and also availed ALG

Nov 2006-Nov 2009- Postdoc
yearly extension; Aufenthalserlaubnis;§18; The present year I also have BE;
My wife and child are also with me.
Now my Professor is unlikely to extend my contract as we are also dependant on a company which does not want to pump money for our new project.
When I went to the Rathaus Erlangen the ABH said I had to leave on 30.11,09, the last day of my contract, if i dont find a job.

I asked them if a letter from Arbeitsamt regarding my eligibility of ALG will get me a visum and they said NO!

I had already requested them for NE stating my payment of taxes for more than 7 years. They refused saying I have to wait 2 more years as they dont consider my more than 4 years Phd for NE

I have read in this forum of people successful in getting NE with a similar situation like mine.

I need your advise to proceed further with this problem! I wish NE or atleat visum to get ALG and search for job!

Thanking you all for the past, present and future valuable suugsetions i avail from you all.

Check the threads regarding getting ALG I with BE by hardeek here (sorry, not sure about spelling). If you prove you can get ALG I for a year, in some cases 6 remaining months of ALG I at the moment of applying for NE served as a proof of ability to support yourself needed for NE §9, so you'll have to apply right away. A lot of things in your case are on the limits of applicability of laws and internal rules and, therefore, is on discretion of ABH. Since your ABH is not foreigner-friendly find a good lawyer. Since your contract of a post doc is not extended any longer I doubt you can use §19 here.

1) you already qualify for NE(DA-EG), the settlement permit valid for EU. As AufenthG § 16 or 16.4 should be counted as half time and AufenthG §18 as full time.
So from May´02 to Oct´06 = 27,0 months
plus Nov´06 to Jul´09 = 33,0 months
Total = 60,0 months

Hire a lawyer, will cost 700€ or so, but you should get NE(DA-EG).

2) Other option is citizenship, if you have done integration in DE kurs + B1 certificate, than u were already eligible for citizenship in Apr´09.

3) If no integration kurs than apply for ALG, look for a job in the meantime, and in May´2010 you should be qualified for citizenship.

to be honest, nobody will gift you anything, you have to fight for your rights.

Good Luck!!

P.S:- keep us posted!!!

@ Ramalingar,

In any case you need to get a job ASAP. For NE-DG you need a Job!!! and for a citizenship you need a Job!!

for NE §19 you need a good job with a good reference!!

Do not be worried.. You have a PhD which tens of millions of people do not have in Germany!!

You should get a job!! search in websites like Kowi, Fraunhofer or Max-Planck!!

Good Luck

Rajesh