I am a Telecom Engineer and living in Germany since April 2001. I have worked here as a Research Assistant (Wiss. Mitarbeiter) for more than three years and having still job contract till Dec. 2006 and residence permit till Feb 2007. Amount for the Govt. pension scheme has been paid for more than 36 months. I had applied for unlimited work permit as per BeschVerfV § 9.1 and also BeschV § 46.2. Unfortunately my case was rejected mentioning that I have worked as a researcher(Wiss. Mitarbeiter) and my current work permit is only to work as a researcher and not as an IT Expert (not GC holder). Ausländerbehörde suggested me to better apply for NE in 2007 April.

Could you please suggest me wheather I can get EG or BE now? If I can then please give some formal hints or similar proof. I will be highly grateful for legal suggestions.

Could anybody forward me the formal letter to present at Ausländerbehörde?

bimalkshah@yahoo.com

Hi Bimalkshah,

You are entitled to BE after 36 months of working (regardless of your profession) or 48 months of legal stay in Germany. In your case you qualify under both criteria. Try speaking with the Gruppenleiter in Ausländerbehörde.

regards

No you are not entitled.

Law could be that way understud that you have right...
BUT unfortunately for you there was some letter from Ministerium to ABH that says that studium time is not counted.

Some were lucky and got BE because ABH did not know much about this letter.

You will be lucky if you get NE because according to this letter Studium does not count for NE also.

Thanks for suggestions. I am no more student and I had contract as Wiss. Mitarbeiter and my salary was above normal GC holder. I would be grateful if you forward us similar proof.(bimalkshah@yahoo.com)

One more thing the chief of Ausländerbehörde thinks that I have still residence permit till Feb 2007 and why should I change now? I have to accept their decision about rejection or I have to present solid proof till 19 Sep.

@DvD

§ 9.1 Satz 1
"drei Jahre rechtmäßig eine versicherungspflichtige Beschäftigung im Bundesgebiet ausgeübt haben"

If he was paying Rentenversicherung for 36 months then he is entitled to BE, student or no student. Only when appying for NE, studium time is not taken into consideration.

Hi Akshay,

I had prsented this law BeschVerfV § 9.1 as you mentioned above but they said me for Work permit as Wiss. Mitarbeiter there is no need to verify from Arbeitsamt and for it I have to wait till April 200 7 when 60 months of pension amout is paid and then I should apply for NE.

"they said me for Work permit as Wiss. Mitarbeiter there is no need to verify from Arbeitsamt"

They are right, they just cant figure out why the hell do you want a work-permit-free visa for doing a job which doesn't require a work-permit.

Solution is telling them that you also want to work part-time in other areas like IT.

@Akshay
§9.1 is not important because he does not have visum. He has only student visum and there helps nothing.


@b
you say you are not student. Than you are illegal in D since you have only student visa.
and how can you aply for NE in april 07 if your visum ends in feb 07?

Hi Akshay,

Thanks for your suggestions. But part-time job they need job contract also I think or one form like stellenausschreibung completed by employer.

@b
you will have dificulties getting normal visum.
ABH is not that stupid. they know that you do not need normal visa and that you never had some and it is true.

usual way is to get job after your are over with studium because than they do this usual JMCheck.
if you would get normal visum now you would never go trough AMC.

Hi DVD,

I have normal Aufenthaltserlaubnis § 18.4 with work permit as Wiss. Mitarbeiter. In April 2007 I will get proof from bfa that contribution for pension is paid for more than 60 months. My Residence permit will expire on 26 Feb 2007 and I have to apply for NE on this date and I will get in April 2007.

@Bimal

May be DvD is right, mind telling us what kind of Aufenthaltstitel you have? Aufenthaltsbewilligung or Aufenthaltserlaubnis?

regards

@DVD

I have Aufenthaltserlaubnis as per AusLG § 18.4 which is the best Visa for work even for GC holders.

B:
I have normal Aufenthaltserlaubnis § 18.4 with work permit as Wiss. Mitarbeiter.



what is §18.4? What law?

could you read what is the title in your AE and what text?

b:
I have Aufenthaltserlaubnis as per AusLG § 18.4 which is the best Visa for work even for GC holders.

are you sure:
AuslG § 18 Ehegattennachzug
http://www.aufenthaltstitel.de/auslg.html#18

@DVD

AufenthG § 18 Beschäftigung

(4) Ein Aufenthaltstitel zur Ausübung einer Beschäftigung nach Absatz 2, die eine qualifizierte Berufsausbildung voraussetzt, darf nur für eine Beschäftigung in einer Berufsgruppe erteilt werden, die durch Rechtsverordnung nach § 42 zugelassen worden ist. Im begründeten Einzelfall kann eine Aufenthaltserlaubnis für eine Beschäftigung erteilt werden, wenn an der Beschäftigung ein öffentliches, insbesondere ein regionales, wirtschaftliches oder arbeitsmarktpolitisches Interesse besteht.

@b

are you sure? AufenthG is only from 2005 valid.
If you got visa in 2002 than it should be AuslG.

@Bimal

.....AusLG § 18.4 and AufenthG § 18.4 are two different things. There is a huge difference between spouse visa and work visa.

regards

Before 2005 I had Aufenthaltserlaubnis for Working as Wiss. Mitarbeiter and after 2005 Feb according to AufenthG § 18.4 I got two more years extension till Feb 2007. Both are work visa not a student Visa!

At Ausländeramt one Ausländerbehörde says I must get EG or BE now. Unfortunately this Auländerbehörde is changed with my name and new AB says at the moment I have no problem and I must apply three Weeks before expiry of my residence permit.

in that case you should do formal Antrag.
even than you should have some reason, why you want BE.
You could say that you want to do Nebentätigkeit but it will look funny since you were there and you did not mention it.
Wait few months and than try with Antrag with Nebentätigkeit as a reason.

@DVD

For Nebentätigkeit should we present job contract or Stellenausschreibung from Employer?

"For Nebentätigkeit should we present job contract or Stellenausschreibung from Employer?"

Nothing, just present yourself :-)

Hi Akshay,

Thanks. I will try next Week as per your suggestions. At the moment I am collecting some more information regarding laws. I need details of BeschVerfV § 9.1 according to which i can reclaim for BE or EG.

Hi all,
I really think this is strange. I am also in Germany since 2001. I came here with GC (IT expert) and I work since the beginning as Wiss. Mitarbeiter. I went to the ABH in May 2005 and got Bg.(Beschäftigung gestattet), same as BE (it has many names). The ABH told me to apply for NE 3 months before my 5 years expire to get it. I got an extension for 2 more year after the 5 years, and this was enough to tell me that I am entitled for NE. So what is the difference in my case and in the case mentioned in this thread??

@zash

are you new here?
you know that every ABH does it differently.
even two Beamter in same office will sometimes do different things.

we thought that he has Bewilligung which could not be counted.
I know that even Bewilligung is often counted by some Beamters, but there is a letter from Ministerium that says not to.

After long discussion with Ausländerbehörde today they allowed me as Beschäftigung ungeschränkt erlaubt.

Thank you all.

After long discussion with Ausländerbehörde today they allowed me as Beschäftigung ungeschränkt erlaubt.

Thank you all.