Hello all,
today while speaking to a colleague, i heard strange news and i wanted to ask about that in the forum. I have been working with Fraunhofer Institut since 4 years (Wissenschaftiler Mitarbeiter, full time). I got my BE last week. I always had aufenthaltserlaubnis with GC. My contract was to expire in 2006 at exactly 5 years. Yesterday my boss told me that they will extend my contract for a 6th year. I asked in the ABH if I get the NE with a limited contract after the 5 years finish and the officer told me that it is absolutely no difference if contract is limited or unlimited after the 5 years so I will get NE. BUT today I was talking to a colleague and he told me that he was at the ABH and the officer told him that after 1.1.2005 there is no more GC (true so far) and that after 1.1.2005, if you get a new contract to work at Fraunhofer Institut then this time is considered as working at the university and it will NOT be counted or considered for the NE or citizenship. This is very strage info and if it is true then I may not get the NE because my new contract for the 6th year is after 1.1.2005. Did anyone of you guys hear something like that? Any hints?
Thanks a lot.
worried, zash

@ zash

There is no need to panic about your job in Uni. As long as you had your A'erlaubnis for 5 years and worked without any troubles, you are sure to get a NE. Only in case that Rechtsgrund for your Aufenthalserlaubnis is §16 then they might trouble you a bit but you have written that you always had GC so it doesnt matter at all. I am also working in the Uni but i still have NE. so just calm down and just focus in completing your 5 years

Regards
Rajesh

Hello Rajesh
Thanks a lot for your answer. Yes I always had and still have the Aufenthaltserlaubnis with GC. What is the Rechtsgrunf §16?
Thanks again
Zash

@ Zash

§ 16 is for students who have enrolled in universities, FH and Sprach kurs. If you have ur visa under § 16 then your intention is only to study. It is really a pity that Phd students who have got visa under §16 have failed to get the BE or Eg even after paying social contributions and payign tax. in your case, you have no troubles as you have a GC

Regards
Rajesh

ok Rajesh thanks a lot for the info.

zash you should not worry for every stupid thing that some Beamter makes.
BUT you must be carefull so that he does not change something in your AE that could be fatal for you. Problem is that things could be considered his way. So he can give you AufBewilligung (§16) if he wants because if you are at Fraunhofer when you extend your visum than you do not really need AE because AB is enough to work there.
BUT you must think another way.
You have normal AE (not GC any more) and you have normal job (even if it is at Fraunhofer) and you want just a normal extension of your AE.
Since the only thing needed for extensin is job, you have all conditions fulfilled and you must get extension.
If you do Antrag for NE you must get it because with job you fulfill again all conditions.

So be carefull because this Beamte can legally give you student visa if you allow it, and that would put you again on very beginning or in the deep sh.t if you prefer.
It is important allways to be in contact with the same Beamter or Beamterin. Otherwise everything bad is possible. I had aranged Eg and Visa extension with one Beamterin and when I came to do it she wasn't there. I got only Eg after talking for hours with another Beamterin.
I should have arranged meeting with first girl and I would not have any problems.
So you have also to be in touch with one Beamter and you have to know what he thinks, and when you make Antrag for NE you have to arange Termin with him.

Hi DvD
thanks for your info. I have Aufenthalserlaubnis since 2001. by may 2006 I have been in Germany for 5 years. I got BE last week so all I need is a job after the 5 years I think to get the NE. The problem I was talking about happened with my colleague not with me but I was worried that they do not count my years at Fraunhofer later on for NE or for citizenship. I will get an extension for 1 more year after the 5 years (limited), but I think it is enough to get NE. Oder?

they must count your years on Fr because you had GC which is AE not ABew.
What exactly happened to your pour college, did he got AB allready?
Or he still has chances to avoid student visa?
Same goes for him too. He can fight not to get ABew. But it is extremly important that when you give your pass at ABH you know exactly what will they write in it. So talk per phone before and arange meeting with the one you talked too.

@zash

how come they give A-Bewelligung to your friend after 1.1.2005. It is any way not existing. They might have given an A-erlaubnis with §16 as Rechtsgrund. I think you dont have any trouble as u have BE and you are under IT Fackraft

rajesh
ways for Beamte to do something bad are uncountable. They can give someone AE§16 (=ABew) if he works at Fraun because he does not need more to work there. Same goes for PhD Students at Uni.
Man can avoid such a thing only if he plays very carefully as I explained.
After all it is their job to make our life difficult. They are payed for it. So the only recipe is: first check everything and then go to ABH with Termin.

When I asked Erw.-gest. I spend few months talking to ABH and AA before they finally agreed with me.
If I had try to do everything in one visit I would get nothing.

hi guys
I do not know what aufenthalt my colleague got, I just know that the beamter told him that after 1.1.2005, there are no more GC, and thus any new contract with uni or fraunhofer will not count for the NE or citizenship. I had my contract before 1.1.2005 but i was worried about the 6th year extension if it will be counted for NE or not.