Hello all...

My name is Luis and I come originally from Mexico. I have been following the forums now and then and the time has come for me to make the next step for me and my wife(mexican as well) to get (or try at least) the NE. Tomorrow I will try to get some more info from my local Auslansamnt. There are a few questions taht I would kindly like someone here to help me with.

First, Ive been here in Germany since October 1999, studied in T.U. in München a M.Sc. and since April 2002 I´ve got a green card....

So:

1) Is it possible for me to get now an unlimited permit under the throught that Ive been more than 5 year sin Germany although Ive been working for 3 and a half of them? Is it NE??? (could someone please explain what NE stands exactly for???)

2) Do you have a link for the actual law which I can print out just in case I have to rfer to some of the points?

3) What do I need to ask ma company for?? (papers, etc..)???

Well thank you very much. I do appreciate the help that everyone here give to each other. Thank you very much and I hope that I can profit from your experience.

Thanks.

Que tal Luis?

Well. I´ll try to answer part of your questions.

1. Yes you can. NE means that you can stay here, as long as you want, work in the area you want and you´ll have even in a future time the right to be German citizen

http://www.aufenthaltstitel.de/stichwort/niederlassungserlaubnis.html


2- You have the law here
http://www.aufenthaltstitel.de/aufenthaltsg.html
The technical name is "Niederlassungserlaubnis" and you can also google for that

3- I can tell what you need, but I think is a more or less complicated process that lasts a few months (after you have all the papers, they make an internal check with different institutions in Germany) AND you have an aditional problem: you´ve been here more than 5 years BUT you have payed social security for only 3 years and half. This is not a problem BUT some Beamter think you need five years paying social security and can cause you problems.

I strongly suggest you contact the VPMK lawyers (see the link in the top of the page) and let them all the troubles for you to live peacefully.
They know the law, the tricks and they´ll assist you better than me.

Good luck

@ Luis

According to the requirements of Paragraph 2 line 1 of § 9 Niederlassungserlaubnis
Quote:
“ (2) Einem Ausländer ist die Niederlassungserlaubnis zu erteilen, wenn
1. er seit fünf Jahren die Aufenthaltserlaubnis besitzt“
You might not qualify for NE if during your life as a Student, you did not have an residence Permit (Aufenthaltserlaubnis) but only a residence authorization (Aufenthaltsbewilligung for studies)

However try the Lawyers maybe they can help us out with the interpretation of “Aufenthalt”- Titles required for NE.

When your NE Aplication is approved acc. to your conditions (Studies 1.5 yrs and work 3.5 yrs) don’t hesitate to share your experience with us

Good luck!!

Hi YO my friend,
I am sorry to contradict you but the years which you spend under Student Residence Permit (Aufenthaltsbewilligung or the new Name "Aufenthaltserlaubnis zu Studienzwecken")
are not counted for NE.

The nature of such a residence is temporary, that is why it is not counted.

Only some states count these years when you want to naturalize yourself but this is also not guaranted.

Regards,

Lacrima

@ Lacrima

Hey man, If I´m wrong, I´m wrong. No need to sorry about that! and thanks to point it. I was convinced the study time counted. My mistake.

@Luis

Well Luis, better you ask, but if you don´t get NE at least you´ll get for sure the BE (this is a statement "Beschäftigung erlaubt" in your visa, free of company and restrictions). For this you only need 3+ years of social security or 4 years in Germany.