@klenze

Good luck with your process :-)

@ Klenze17,

All the very best. I am also waiting for the outcome with this new law. Your info was really useful.

sgattu writes:
I am also waiting for the outcome with this new law.

Hi sgattu, good luck with that. In which state are you? What did you until now? Are you in wait process, in the same way as I am? I am waiting now for the approval of Arbeitsamt.

May I ask all friends here in the forum to write down and share what you had experienced. Thanks in advance.

Klenze17.

hi,

Today i have applied, went smooth, as my Company HR had already talked to the Landratsamt (in Bayern), and they know about this change. I have submitted my application, along with the following documents
1) Letter from Company (my salary details)
2) My Flat details(sign from homeowner)
3) Letter from Medical Insurance

They are gonna call me once the visa is ready (2 to 3 weeks).

Krishna

Krishna writes:
Today i have applied, went smooth, as my Company HR had already talked to the Landratsamt (in Bayern), and they know about this change. I have submitted my application, along with the following documents
1) Letter from Company (my salary details)
2) My Flat details(sign from homeowner)
3) Letter from Medical Insurance

They are gonna call me once the visa is ready (2 to 3 weeks).

As you see my friends, applications run differently among the people and states. Everything is quite different

Krishna, I think you started the process through the company. Couldn't you do that on your own, directly at KVR? You said above that you got letter from company for your salary details. Why didn't you show salary slips? Isn't it the same?

They even didn't ask me flat details or letter from medical insurance. I have shown salary slips and it was sufficient.

Interesting

Klenze17.

Hi Klenez,

Now its time for my Visa extension, so i called up landratsamt to find some info on this new law, they sent me the required documents and salary requirement(which i put here two days ago). I informed about this mistake to my HR and the information about the law change, then they called to Landratsamt, Landratsamt confirmed that its their mistake, and asked me to submit the application with the said documents. Even though they asked last three months payslips, they need a letter from my company for confirmation.

I will let u know about the outcome in coming days.

Krishna

@Klenze17,

I am in BW. No, I didn't yet apply for the visa under this rule. I will probably apply next month.

Regards,

Suresh

Hi Krishna,

You said you got a letter a letter from your HR. Could you please let us know what needs to be mentioned in the letter ? Is it only Salary or any zeugnisse required ?

Even I am preparing to apply for NE.

Truster

Letter says since when i am working and what is my current salary. nothing else was mentioned.

Krishna

Landratsamt in Bavaria asks for confirmation from your company == Bundesagentur für Arbeit in Hamburg asks for confirmation from my company.

It is the same. They check with that, whether your salary slips are real or not.. You could show them just a paper you prepared in a computer...

Except for salary slips 2007 and 2008, IT-ArGV (my Greencard), job contract nothing else required. At least now. I am in the wait status for 2 weeks...

Please keep on updating your status.

Klenze17.

I have a question regarding this.

Do somebody needs to have this salary 63600 Per year for a certain period in past to apply for NE ?

i.e. I dont have this salary now, but if i get a job offer with this salary would i be able to get NE right away or i must wait for some months to get salary to show the ABH some salary slips with this salary?

Many Thans,

sensitive007 asks:
Do somebody needs to have this salary 63600 Per year for a certain period in past to apply for NE ?

Yes. Didn't you read the emails we have written? I have written in one my previous posts that I have shown all 12x 2007 and all 12x 2008 salary slips to the official. Could you please read the complete thread again?

i.e. I dont have this salary now, but if i get a job offer with this salary would i be able to get NE right away or i must wait for some months to get salary to show the ABH some salary slips with this salary?

Yes, you would get the NE right away. This is another option, other than the one I mentioned above. The new law change is valid both for the people who is working and earning that money and, and the people who will have a contract for 63K minimum. Your case is the 2nd one. My case is 1st one. You must show your contract to the alien office. They will ask the Arbeitsamt to approve because it is in the law that they have to approve it.

Arbeitsamt will ask your company whether your salary slips or job contract are true or not. There is no other mechanism how to check you really get that.

It is sometimes difficult to convince the officials so be prepared for that.

Klenze17.

Hello,
I am new on this forum but have been reading the posts over here for some time.

I have come to know of two cases of my friends who applied in Bayern. They have got letter from Authorities asking them for their place on the Organisation chart, what siginificance they have in company when it comes to decision making, hiring people etc.
Though they meet the salary requirement for NE for Hochqualifiziert. (NEH)

1. Are such things mentioned in the Law?
2. Is there anybody who has been successful in getting NEH with the latest changes of the law.



br
trustuser

Dear All,

I m a new member in trust7. I have recently shifted to Germany with an annual salary of 67K. I have only 1 salary slip available.Am i eligible to apply for NE rightaway or Should i wait for 1 year or atleast 3 months to get this NE to show that the salary is more than 64K.

I m in stuttgart and if anyone has experience in Stuttgart Auslanderbehörde regarding the same, please share your experiences.

I have a clarification in general, In case if someone loses his job or goes for a salary less than 64K after getting NE, will the NE get cancelled or converted to normal resident permit?

PRL

trustuser said:
I have come to know of two cases of my friends who applied in Bayern. They have got letter from Authorities asking them for their place on the Organisation chart, what siginificance they have in company when it comes to decision making, hiring people etc.
Though they meet the salary requirement for NE for Hochqualifiziert. (NEH)


1. Are such things mentioned in the Law?


No. Decision making, hiring people is not required. Didn't you read my posts? Don't be lazy and please read my posts again. I have put all the links to all the official documents. Even Anwendungshinweis des BMI does not state explicitly that a job function with personal responsibility is required.

If I get such an answer, I would ask for written proof for that comment and would go directly to a lawyer.

I am sure we will win court cases. I don't know why they just do an easy life, which is already for a lot foreigns in Germany, very complicated to us. The official I have talked asked me to get such incredible things that you wouldn't believe. I will not comment on this until my procedure is finished...


2. Is there anybody who has been successful in getting NEH with the latest changes of the law.


No. There are 2 cases in Hamburg where I am living, which are in the same status. We are just waiting and waiting and waiting...

The law is very new, officials just do not know it. And also, due to the crisis Arbeitsamt and related local authorities will be very busy in the next weeks.

Therefore as I said in my prev posts, I repeat 1000th time:
- take print out documents
- contact a lawyer
- constantly follow and ask the officials.

Please update your case (not only you, but all related people).

Klenze17.

Hi Klenze17 thanks for the reply, I have read all the previous posts but I could not find any such things as Organisation charts and stuffs mentioned anywhere in the law, so I wanted to know if somebody knows about it.

After some searching I found a document which is from Arbeits Agentur website. Do you or anybody has any comment on that.

http://www.arbeitsagentur.de/zentraler-Content/A01-Allgemein-Info/A015-Oeffentlichkeitsarbeit/Publikation/pdf/DA-Aufenthaltsgesetz.pdf

Refer to Page 25 and 26, which I could not understand completely. Maybe you have some comment on that.

I believe it tells Arbeitsamt to whom to consider Hochqualifiziert.

br
trustuser

trustuser writes:
After some searching I found a document which is from Arbeits Agentur website. Do you or anybody has any comment on that.

http://www.arbeits...Aufenthaltsgesetz.pdf

Refer to Page 25 and 26, which I could not understand completely. Maybe you have some comment on that.

I believe it tells Arbeitsamt to whom to consider Hochqualifiziert.

Trustuser, many thanks for this document!

This document also confirms the Anwendungshinweis des BMI, ie. that there is no requirement for a manager function, however it is asked to have an "experienced" function (page 25):

Bei dem Personenkreis nach Nummer 3 ist die Annahme der Hochqualifikation durch die
Berufserfahrung und berufliche Stellung gerechtfertigt. Die Beitragsbemessungsgrenze zur gesetzlichen Krankenversicherung wird jährlich zum Ende des Kalenderjahres an die allgemeine Entwicklung angepasst. Sie findet sich in der Verordnung über maßgebende Rechengrößen der Sozialversicherung, die im Bundesgesetzblatt Teil I veröffentlicht wird.

This "Berufserfahrung und berufliche Stellung" is interpreted by the officials as though you must have a manager function. However it is not required. You must have a extensive job experience. You can prove it by your grade and number of years you have worked.

And a very interesting point is (page 26):

Nach § 3 BeschV / § 2 BeschVerfV bedarf die Erteilung einer Niederlassungserlaubnis an Hochqualifizierte nach § 19 Abs. 2 keiner Zustimmung der Bundesagentur für Arbeit.

This is the best thing I have seen!

We can get this permit without permission of Arbeitsamt !!

Klenze17.

Hi Klenze17,

Today i have received my NE under the new rule. I am very much thankful to you for letting me know about the new law. Your information was very much helpful for me.

Thanks a lot to TRUST7.

Krishna

Congrats Krishna

As i mentioned in my post, I have only 1 salary slip. But my Appointment letter says the salary is 67.200 per annum. Shall i apply now or should i wait till i get 3 months salary slips.

Prlamun

@prlamun

Why dont you apply now and see what they say? As you would have know by now, the requirements are different from region to region and there is no standard rule.