Hi All,

I have a question regarding the BeschVerfV §(9) (1) (1) where it is said that one can work in Germany like a German if he has paid 3 years of rente. I have contributed 28 months rente being as a student and 13 months as a Doktorand. On 28.12.2004 I got my first greencard from a company where I will join in March 2005. Today or next week I will go to ABH to change my Aufenthaltstitel. Now my question is : will it be better now if I claim §(9) (1) (1) of BeschVerfV. Or I should apply for that after I get my Aufenthalttitel changed. I am not sure if I will be considered for this.

Vielen Dank.

MfG,

MK

Why don't you say you want to skip AMCheck.
But there is nothing to aply to. Beside, I think you have only 2 years:
§9
(3) Auf die Aufenthaltszeit nach Absatz 1 Nr. 2 werden Zeiten eines Aufenthaltes nach § 16 (Studium) des Aufenthaltsgesetzes nur zur Hälfte und nur bis zu zwei Jahren angerechnet.

Hi All,

Thanks DVD for your reply.

Yesterday I went to ABH to apply for my residency change with the GC. I asked her if I am eligible for unbefristets AE. She did not give me any concrete answer. She said it might be possible but she did not know. She kept my all papers and told me that she would give me a letter in a few weeks about what I will get - NE or AE. I asked her if she had the time to read all the new laws as she was very polite. She answered me that she did not have enough time to read all the new laws. But she will check all the possibilities for my NE. I even asked her if I can print some new law for her that could be beneficial for me. She then laughed and said ofcourse she would appreciate it.
Can you please tell me if I can bring any parra of nay law that might be beneficial for me?
Do you think I can take the §46 (2) of BeschV where GC is considered as an approval for unbefristets AE for exercising jobs. Will it be helpful for me?

Or any other helps!

My wife is here for 1 year. The lady in ABH asked me if you wife wanted to do job. I said yes. She then said to me to find a job and apply to them. They may permit her to work. But I asked her if my wife can be given work permit without further applying. She said no law is permitting this now.

So that's my experience now in ABH.

regards,

mk

§46 (2) of BeschV is nice to get NE, but you still need 5 years of AE (ABW is not counted). And question is do you need 60 Renten, because you got your first AE after 1.1.

thanks dvd.

About 60 months rente:

in the page 21 of this document:

http://www.berlin.de/sengessozv/auslaender/zuwg_en.pdf

in 5th parra, it's written that "Similar considerations apply to the 60-month compulsory contribution to the statutory
pension scheme. This obligation does not apply to you if you are unable to pay contributions
for physical, emotional or mental reasons. You do not even have to meet this requirement if
you are receiving an education that leads to a recognised school or vocational training
qualification. Periods of professional time lost on account of taking care of children or of
domestic care are allowed for. If you live in a long-term marital relationship or as a long-term
partner in a life-long conjugal relationship, then it is sufficient if just one partner has paid the statutory contributions."

here we can see that if one is unable to contribute 60 month rente due to education he is free of this requirements.
so far as i can understand from this document, a person who is in possession of a student AE can not apply for NE. At the time of application, he must bear the AE for other purposes. Nowhere is written that study time will not be counted for NE 5 years.
According to above parra, it is clear that study time should be counted for NE.

Please make me correct if I am wrong.

Thanks.

regards,

mk

"if you are unable to pay contributions
for ... emotional ... reasons.", :-) all the buzz about the new law and the fear of not getting the PR really break my emotions and put me in a confused emotional state... is that a sufficient enuff emotional reason ? :-) Just kidding.

D.

I am sorry for you but in law explanation (VwV) they clearly stated NO.

WvW you can find in Links or at topic with name VwV ZuwG.

Go for cs!

Thanks DvD!
ya, for me Citizenship in 2.5 years ( or maximum 3.5 years ) seems to be easier than NE. Anyway, I will try to get NE or CS when time comes.

regards,

mk