Hello all,

I came to Germany on a GC in 2003. After spending one and half years in 2004, I obtained another job. Due to wrong advices in the local foriegn ofice, I went back to India and cancelled my GC and applied for a new work permit. I received it in March 2005 (after waiting for about 4 months). Around Nov 2008, I had completed 5 years from the date of my first arrival (with my GC). I went to foriegn office and asked them if I am eligible for my Niederlassungserlaubnis. They told me that they can not consider my first one and half years as I went back to India. Well, they extended my work visa for another 2 years. By the time I complete two more years in 2011, I would have completed about 8 years.

My question is, can I apply for citizenship directly without having Niederlassungserlaubnis? Will they consider my stay in Germany starting from 2003 as I had a brief stint of about 4 months in India (in 2004).

Any ideas/inputs will be of great help.

Cheers !
B

your time will be counted from 2005.

Imagine a person who left Germany after working for a year comes back after 10 years and starts working with work permit. Would he be eligible for NE & DE passport? Obviously not.

Its not about 10 years mate. Its about 4 months and foriegn office is the one who adviced me to go back to home country and apply for work permit although with my GC, I could have changed my job without any problems without leaving Germany.

What I was trying to tell you is that if they set a precedent by considering your stay from 2003 then they will have to consider 10 year gap as well.

Sorry to disappoint you, that is the way law would be interpretted.

If you have evidence and proof that ABH misguided you then you can fight this in a court of law. Good luck with your mate.