Hi,

I have deputed to Client place in Germany from Indian IT company. My employer used to deduct Social security from my salary till last month. As per new rule, no need to pay Social Security in Germany, since i am paying PF in India. I will not get the benefit of SS here. So they have returned all the Social Security contribution this month whatever i paid till last month and henceforth they will not deduct from my salary. Is there any problem to apply NE, because of this?.. If yes is there any possibility to pay social security contribution privately and will help me to apply NE?.

Thanks in advance.
Rgds,
JP

pls add your history as well, e.g. since when u r in DE? what type of visa u have? whats is your brutto salary pro jahr? marital status and any additional info. SO that the experts here can advice.

Hi,

Thanks for your reply.

I am working in Germnay since Jan 2010. I am holding German Work permit VISA valid till Jan 2011. Recently mariied and I have initiated dependent VISA for my wife. Hope she will get VISA end of this month. I am getting around 65K Euro (Yearly gross Salary).

Please assit me..

Regards,
J.P.Santhosh.

To distinguish between the different residence titles and avoid confusion, go to:

http://www.trust7.com/en/foren/visa_questions/unlimited_working_visa_unbeschraenktes_arbeitserlaubnis/re_unlimited_working_visa_unbeschraenktes_arbeitserlaubnis__7

The purpose of a “NE” (settlement permit) and the intention of the Social Security Agreement between India and Germany are actually distinct from each other and, strictly speaking, contrary.

The Social Security Agreement between India and Germany is a technically speaking a so called “Entsendeabkommen”. This means it deals with the short term dispatching of employees to either country. It contains regulations to avoid double insurance. Employees from Indian companies, for example, will be exempt from paying contributions to the German pension fund while they stay under the applicable rules of their dispatching country, in this case India.

The normal period envisioned in this agreement is 48 months. Therefore, the presumptive duration of dispatch must be limited to up to 48 months. This has to be demonstrated by filling in a special form. Otherwise the Social Security Agreement is not applicable in the first place and an exemption will not be issued by the competent German Authority. That is why there must be exceptional circumstances to apply for a subsequent extension for another 12 months after the 48 months have run out. The application for an extension has to be filed by the employer and the employee. Without such an extension the obligation to pay social security contributions in Germany sets in again.

“Paying 60 months of contribution into the pension fund” stipulated in the law as one requirement for attaining a settlement permit has an alternative. This is especially important for persons who are self-employed and thus do not contribute to the pension fund. It suffices, for example, if you show having made expenses for a private insurance that offers benefits comparable to those which you receive after having paid into the pension fund for 60 months.

Hi vakalat,

Thanks for detaild information.

In my case, i am getting arround 67K per year. I think if yealry salary is more than 66K we can apply for NE with in an year (No need to wait for 60 months).

In this case should i paid the Social security contribution?. Thanks in advance.