Hi all,

I am working here in Germany for the past 4 and half years, started with Green Card, and now have BE. I havent changed jobs, and for the fist year I had a limited work contract and got an "Aufenthaltsbewilligung" in my Visa. From the second year I got an unlimited contract and got "Aufenthaltserlaubnis". Now I want to start applying for NE, and the lady in my ABH(Hessen) told me that Bewilligungszeiten cannot be counted for NE. Did anyone of you have this weird situation? I have been working in the IT field, and will be completing 60 months of stay and will have 60 months of Rentenversicherungs beitrag paid by next March. What difference does this "Bewilligung" make? I wasnt a student or so....

I have searched the forum for answers and didnt find any. In case this has been discussed previously and I missed it, please provide the link.

With regards,
Fred.

Fred,
Your first residence permit which you got in your first year was given you probably by mistake in the form of Aufenthaltsbewilligung(which is given to students normally).
Do you still have contact to the ABH office which issued you the Aufenthaltsbewilligung ? Is it the same ABH where you apply for NE now ? If so, then take a look at the signature owner(ABH Officer) of the Aufenthaltsbewilligung on your Pasaport. Try to talk to the officer who gave you the Aufenthaltsbewilligung. If this is not possible, explain the ABH-Officer who is now dealing with your NE application that you were under the so called Greencard Scheme and were working from the very first day and were not a student. Show them, if necessary, the initial yellow work permit which you got at that time from Arbeitsamt.(You still have it right ?) This work-permit is the solid proof of the mistake that ABH Officer has made.
They should correct their mistake. Just explain them the situation in details and show them your proof accordingly.

Regards,

Lacrima

@lacrima,

Thank you very much for your reply.

Yes, I am living at the same address right from the first day in Germany, and so am dealing with the same ABH. As you recommended, I will go to them next week alongwith the "yellow-paper" we got at the start.

Do you think I need to get the old (outdated) visa corrected, or is it sufficient that the new officer dealing with NE is convinced about this?

Do you know any rule which says Bew.zeiten should be counted for NE?

- Fred

"Do you know any rule which says Bew.zeiten should be counted for NE?"
I actually do know a rule which says Bew.Zeiten should NOT be counted. Aufenthaltsg §16(2)
http://www.aufenthaltstitel.de/aufenthaltsg.html#16

So the ABH officer is right when she is telling you that she can not count Bew. Zeiten, but you shouldnt bear the consequences of their own fault of stamping a wrong type of residence permit on your passport.

On the other hand, if you plan to naturalize yourself in future, this Bew.Zeiten may create you again problems, as the time period spent under such a residence permit is not counted in some German states. (e.g. BW, Bayern)

Regards,

Lacrima

Fred,

You said you got a GC then how can the title be "Aufenthaltsbewilligung". Greencard is supposed to be with "Aufenthaltserlaubnis" title. It is a mistake done by the officer. Go to him and ask him politely to correct it first or try to negotiate with the officer who is dealing your NE. This is absurd???? Green card is for 5 years and how come you changed your GC visa twice?

Thanx lacrima and babloo for your reples.

@babloo:
As I mentioned in my first post, for the first year I had a 1-year work contract from my company and got my GC Visa as "Aufenthaltsbewilligung" in my Passport. From the second year I got an unlimited contract (from my company) and this time I got my GC Visa as "Aufenthaltserlaubnis", valid for the remaining 4 yrs.

-Fred

SUCCESS!!

Got the problem solved thro mail correspondence itself!

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Nach Rücksprache mit meinem Vorgesetzten ist diese Bewilligung damals wohl versehentlich ausgestellt worden.
Es ist möglich, diese Zeit fiktiv als eine Aufenthaltserlaubnis anzusehen.
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and moreover they asked me to apply for NE in January 2007! I thought I have to apply 6 months in advance.

-Fred