Hi,
I am a PhD student with a salary as wissenschaftlicher mitarbeiter (half position). My current visa is under §16 as a student. However a friend of mine, under the similar situation has a §18 working residence.
Does anybody know why one get this and one gets that? Do we have an influence on which we are given? Can a laywer help in getting §18?
Thanks

Hi,

residence permits wrt AufenthG §16 are given only to the people who are students. Even PhD. Even doing diploma thesis or research in the private companies cannot change this permit. As long as you are registered as a student in a university (or an academic education program) in Germany, you can get only §16: http://www.aufenthaltstitel.de/aufenthaltsg.html#16

Residence permits wrt AufenthG §18 are given only to the people who are not students any more, and who is doing a high-qualification job (e.g. engineering).

In order to get §18 permit, your PhD study must be finished (you abort it or you get a grade). You shall not be registered to a school/institute/university any more, where you are having an academic education. Only after this, application for a permit in Arbeitsamt and Ausländerbehörde will give you §18 permit.

Klenze17.

oh no, there is still chance for you! I have a WiMI position and AE according to 18. You should ask the administration of your faculty to write you a letter for the Auslanderamt in which they request a work permit for you as a WiMI with 18. Hope it will help you! Well it's basically all up to their good will...

Hi Annna,

I think you are not a PhD student, otherwise you could not have had §18. Are you registered as a student in an academic institution in Germany? Post-doc people can get §18 but PhD people not. Please write your case detailed, otherwise your comment above is unclear and confusing, rather than helpful.

Klenze17.

Well, you do not need to be unfriendly - I just wanted to help him, since I had to change universities and once had 16 and the other time 18!

As stated I am employed as a wissenschaftliche Mitarbeiter at the University in Germany (full position), and yes, I am working on my PhD. Thought it would be nice to have it already ;)

I don't know maybe there was some change in the meanwhile...or it depends on the region of Germany!

Hi annnna,

I did not intend to be unfriendly. If you have interpreted my post that way, sorry, that was not my intention.

Anyway, there are at least 2 posts I am aware of, two different sources, apart from my comment, which tell that PhD students can only get §16:
1. http://www.trust7.com/en/foren/visa_questions/16_or_18_for_a_wissenschaftlicher_mitarbeiter
2. http://www.trust7.com/en/foren/visa_questions/niederlasungselraubnis_for_phd_students_wiss_mitarbeiter_-_possible_or_not/re_niederlasungselraubnis_for_phd_students_wiss_mitarbeiter_-_possible_or_not__1

Your case seems an exception to me because you have changed school and you changed your institution in between. PhD is intended for educational purposes only and §18 might be problematic for your case. I reference the law (see in my post) and two posts I mentioned above.

Klenze17.

@annna

no use, its by mistake you got §18, when you are done with your PhD or your contract ends, or when you will file your NE application, the §18 visa during will be counted as §16 only. I know someone in person who faced this problem.

anyways Good luck!!

Anna is absolutely right!..

There is a big difference in 'Stelle' and 'Stipendium'...if you are offered a stelle or position as a Wi Mitarbeiter you are working and are eligible for Catr 18..

But incase of a stipend or scholarship case you are 'student'..

I am also working as Wi Mitarbeiter and got Cart 18 18 stamped from munich and one very good friend of mine doing PhD also got Catr. 18 from stuttgart and later conversted his visa to NE based on rights of his status on the university position on catr. 18

Thanks guys for your comments.
@Faralkhan and @Anna:
Did you try to get §18 or they gave it to you without asking? Do you have a half or full position? Are you registered at the University as a student?
Do you mind if I send a message outside of the forum?
Actually Faral, I am also living in Munich.