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Visa Questions

Made an application for NE ...

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Made an application for NE ...
Answer
12/4/05 7:28 PM
and justified it mainly by the fact that the chief of local immigration office said in the court of law six weeks ago that i will get NE if nothing changes in my case significantly

the most interesting thing is that i neither fulfill the condition of §9 Abs. 2 Nr. 3 AufenthG nor it could be thought that i would fulfill that condition till 28.02.2006 when my current residence permit expires. those "Beiträge zur gesetztlichen Rentenversicherung" were not paid during 01.-09.2002, nor pay i them from 02.2005 because now i am self-employed. therefore they have to turn down my application if they think that i am not a high-qualified person accordingly to §19 AufenthG ... in such a case i will get a possibility to claim damages from them and sue the chief of local immigration office if they refuse to pay those, but it is not the most interesting thing in the whole story ...

the most interesting thing is that as a self-employed person i would be eligible to get NE if old nice AuslG were in force, because the applicant was not required to pay "60 Monate Pflichtbeiträge oder freiwillige Beiträge zur gesetzlichen Rentenversicherung" in order to get NE then if he was self-employed or lived in Germany for 6 years already. i am stateless, therefore the condition of §9 Abs. 2 Nr. 6 AufenthG (§24 Abs. 1 Nr. 3 AuslG) is fulfilled in my case ...

i guess it is understandable that if BVerfG will decide that AufenthG contradict the Consitution, NE that were already issued accordingly to new AufenthG will be "nichtig" ...

the time limit for submitting a consitutional complain vs. AufenthG will be over 02.01.2006 ...



How do you think, will the local immigration office approve my application before 02.01.2006?


Viele Grüße aus Mannheim,

*lol* emoticon
0 (0 Votes)

Re: Made an application for NE ...
Answer
12/4/05 9:33 PM as a reply to - -.
Dear -

... in such a case i will get a possibility to claim damages from them and sue the chief of local immigration office...

....lived in Germany for 6 years already. i am stateless, therefore the condition of §9 Abs. 2 Nr. 6 AufenthG (§24 Abs. 1 Nr. 3 AuslG) is fulfilled in my case ...


You really love complication, don't you? :-)
Specially, when you can german passport after 6 years of stay as a stateless person.

http://www.einbuergerung.de/26_118.htm
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Re: Made an application for NE ...
Answer
12/5/05 4:09 AM as a reply to - -.
"You really love complication, don't you?
Specially, when you can german passport after 6 years of stay as a stateless person.

http://www.einbuergerung.de/26_118.htm"

1. The german government does not have to give you citizenship after 6 years of stay as a stateless person.

2. Officials do not recognize me as a stateless person.

3. on 28.02.2006 it will be 5 years in my case. waiting for one more year without making noise is surely not in my interests, just because under the circumstances it can only result in much more problems. it's a long story ... let's just say that my existence in Germany contradicts the "multi-culti"-dream of german politicians about perfect administrative system, in fact makes it clear that the german administrative system is completely incompatible with basic human rights.



think about it: Germany still didn't recognize it that it is not right when "Durch die Geburt erwirbt ... das uneheliche Kind eines Deutschen die Staatsangehörigkeit der Mutter". Therefore so-called "Lustreisen" are still commonplace ...



in fact my birth is registered nowhere, and german government refuses to acknowledge the rule, that "every child shall be registered ...", although they signed up the International Covenant on civil and political rights. the german court of law does absolutely nothing in this case as well.
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Re: Made an application for NE ...
Answer
12/5/05 4:23 AM as a reply to - -.
nope, i will not sit, wait and do nothing. never did something like that. if i do not get NE, i will submit a constitutional claim and make a lot of noise with the complete set of information i have.
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Re: Made an application for NE ...
Answer
12/5/05 9:42 AM as a reply to - -.
you do not need 60 Renten. look here:

http://www.aufenthaltstitel.de/aufenthaltsg.html#104

§ 104 Übergangsregelungen

(2) Bei Ausländern, die vor dem 1. Januar 2005 im Besitz einer Aufenthaltserlaubnis oder Aufenthaltsbefugnis sind, ist es bei der Entscheidung über die Erteilung einer Niederlassungserlaubnis hinsichtlich der sprachlichen Kenntnisse nur erforderlich, dass sie sich auf einfache Art in deutscher Sprache mündlich verständigen können. § 9 Abs. 2 Nr. 3 und 8 findet keine Anwendung.


§9.2.3 sind 60 Renten
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Re: Made an application for NE ...
Answer
12/5/05 10:18 AM as a reply to - -.
"you do not need 60 Renten. look here:

http://www.aufenth...aufenthaltsg.html#104"

lol i just thought when somebody finally will find that ;)

why couldn't you keep silence? emoticon
0 (0 Votes)

Re: Made an application for NE ...
Answer
12/5/05 10:39 AM as a reply to - -.
I found it looong time ago. Maybe I was first one who found it cos it is not so obvious.
Do you want NE or not?
Why do you want to hide this §?

-:
"because now i am self-employed."

you got Eg???
how about sharing infos with us???

and all those court processes of yours?
you never told us the outcome?
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Re: Made an application for NE ...
Answer
12/6/05 12:13 AM as a reply to - -.
"Do you want NE or not?
Why do you want to hide this §?"

lol i do not want to hide it, just wanted to see whether others know about its existence. probably somebody else would say what they think about the matter if you didn't clear the situation so early ;)

"you got Eg???
how about sharing infos with us???"

you see, self-employment in my case in fact was not prohibited from the very beginning. i have and had the following remarks in my residence permit:

Nur gültig für eine (!!! -->) Tätigkeit (<-- !!!) gemäß gültiger Arbeitsgenehmigung nach der "IT-ArGV"

as from 01.01.2005 my old work permit automatically became "Arbeitsberechtigung" (at least for IT), the condition "gemäß gültiger Arbeitsgenehmigung nach der "IT-ArGV"" is fulfilled. even if 46.2 BeschV was not enough to make self-employment possible in general, it should be considered as well that i am stateless -> therefore self-employment can not be prohibited in my case. insofar it is clear that i do not need any additional "Arbeitsgenehmigung" or "Zustimmung der zuständigen Agentur für Arbeit" for my self-employment.

This kind of thing is possible only because the officials in Rheinland-Pfalz under wise leadership of Kurt Beck (SPD emoticon) thought that they are very clever and therefore did not write a phrase like "Selbständige Tätigkeit oder ... nicht gestattet" in my residence permit, although the federal government recommended to write it every time when self-employment is not allowed.

of course, the officials here do not agree with my point of view, especially when i made it clear to them that i will claim my losses if i lose some contracts because of the fact that they did not issue me passport when i applied for it. not that they can do anything about it ... after all, i did suggest them to sue me if they have any problems with my self-employment long time ago ...

"and all those court processes of yours?
you never told us the outcome?"

there is no outcome yet emoticon it's Germany, everything takes a lot of time ;)
0 (0 Votes)

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