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Visa Questions

Indo-German Social Security Agreement - Niederlassungserlaubnis

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Hello All,

As you may all have heard about the bi-lateral agreement between India and Germany that exempts Indians on short term deputation to Germany from paying the social security contributions.

My questions are the following:

1. In order to get Niederlassungserlaubis one has to pay 60 months in the pension scheme of Germany. If I opt for not paying into the German pension scheme under the new agreement between these two countries, will it affect my getting Niederlassungserlaubnis?

2. It is stated in the Niederlassungserlaubnis requirements that a comparable private insurance will also be considered. In this case, which private insurance firm should I contact?

3. Will my PF contribution in India be considered as comparable to private insurance?

Please let me know your insigths.

Thanks,
info77
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Re: Indo-German Social Security Agreement - Niederlassungserlaubnis
Answer
2/1/10 1:56 PM as a reply to Newbie Stuttgart.
@info77

1) This agreement has been made public or made official now, BUT the fact is that this agreement has existed from a long time between India and Germany.

The reason and the proof is that, I was sent to Germany by a company in India and I was on the Indian company's payroll. I didn’t pay any Social security or Rentenversicherung, nor did I make a private Renetenversicherung.I only paid the applicable taxes. from 2001 till 2007, I never paid any pension insurance, and one day I walked into the Kreisverwaltungsreferat, pretty well dressed, spoke gracefully, showed them my salary slip, work confirmation letter, My Home Rental contract and I got my NE in 20 minutes time. They didn’t ask me a single question about pension insurance.

Even if they ask you, your company can give you a letter saying that you are exempted because of this agreement and you pay your rentenverscierung(PF) in India.
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Re: Indo-German Social Security Agreement - Niederlassungserlaubnis
Answer
2/2/10 12:45 AM as a reply to Newbie Stuttgart.
@Shanks,

Can you please tell me if the payslip were Indian payslip or if it had the German payslip format?

If you look at the requirements to be eligible for NE, it is mentioned that 60 months renten or equivalent pension insurance is required. This is generally the case, but there are some exceptions to the rule. Maybe you belong to some special category, for whom the KVR do not require Rentenversicherung contribution.
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Re: Indo-German Social Security Agreement - Niederlassungserlaubnis
Answer
2/2/10 1:32 AM as a reply to Newbie Stuttgart.
The Payslip had a German format. Was printed in Germany and paid into a German bank account. I also filed my taxes every year in Germany.
I dont fall under any special category. These things are totally in the hands of the authorities who issue you the permit.
I am also applying for my nationality this year and will be able to show only 2 years of rentenversicherung, but trust me it doesent matter. The Logic is simple, if you havent paid into Rentenversicherung in Germany, you will also not be able to recieve anything in return, being a NE does not subject you to any special treatment. if you lose your job and you havent paid into arbietslos geld, then you will also not recieve the same.So there is basically no connection.
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Re: Indo-German Social Security Agreement - Niederlassungserlaubnis
Answer
2/2/10 1:51 AM as a reply to Newbie Stuttgart.
yes I too agree with you. It also depends on the person evaluating your application. You were lucky that they did not ask for a lot of documents. Sometimes though the documents may not be mandatory we will still be asked to submit them. The requirements or the understanding of the requirements varies also from one office to the other in the same region.

I got the list of documents required for applying for NE from the visa office. They have crossed "Nachweis über mindestens 60 Monatsbeiträge zur gesetzlichen Rentenversicherung oder vergleichbare private Altersvorsorge". That means I cannot escape from showing proof of Rentenversicherung payment for my NE application.

You have mentioned that you have been paying the rentenversicherung since two years. Was it a voluntary contribution?
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Re: Indo-German Social Security Agreement - Niederlassungserlaubnis
Answer
2/2/10 3:35 PM as a reply to Newbie Stuttgart.
@info77.

I quit my Indian Firm and Joined a company here. As soon as I did that I had to pay German Social security as I was no longer protected by the dual social security agreement.

But I have letters to prove that I was exempted , just in case. Your firm definitely has letters to prove the same.

Which place are you applying? which regions is that?

Mine is Bayern.

Please go well dressed and look pleasant. Apperance is also important. Tell them very confidentally that the rentenversicherung was exempted for you, but mention that you have paid Taxes and you will continue to pay Taxes. If they refuse, then ask them alternatives.There is always a workaround for legally resident aliens.
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