Dear Sir or Madam,

Can anyone help me on my queries?

I came to Germany to do my PhD in May 2002.
I had the following status on my Passport till date:
AUFENTHALTSBEWILLIGUNG (May 2002-April 2005)
AUFENTHALTSERLAUBNIS (April 2005-January 2010)*
*UNEMPLOYED BETWEEN (November 2006 – January 2007)

I was transferred to Belgium to a sister concern of our MNC from April 2007 till date
with the necessary forms filled in like E101, E102, E104 for health insurance. I am working as an Expat in Belgium since April 2007. I am renewing it every year for Belgium for my residence and work permit. I have a residence and limited work permit for Belgium till April 2010/May2010 respectively.

Even though now I stay in Belgium, I still pay my social contributions to Germany and also we have a DVKA-Ausland insurance EWG Nr. 1408/71 (i.e continuing social payments to Germany since May 2002 when I was a student). I mean there is no break of paying social contributions since May 2002. Now my company says it is time to renew the AUFENTHALTSERLAUBNIS as this expires in Jan 2010 and my stay in Belgium is based on it, but I don’t have a Mietvertrag that I stay in that city where I am applying for visa renewal in Germany. I don’t know what I should apply for - Niederlassungserlaunis/Beschaftigungserlaubnnis/Daueraufenthaltserlaubnis-EG/whatso ever. Please guide me.

I don’t understand why EU does not consider (a sum of years spent in EU) if a non-EU national works in different EU countries for Permanent residence/Citizenship/Naturalization.

Looking forward to your reply or valuable suggestions.

>>Even though now I stay in Belgium, I still pay my social contributions to Germany and also we have a DVKA-Ausland insurance EWG Nr. 1408/71 (i.e continuing social payments to Germany since May 2002 when I was a student). I mean there is no break of paying social contributions since May 2002.

People not resident is Germany can still pay social insurance contributions on a freiwillig basis, so nothing to take into consideration. Paying social insurance payements is just one of the criteria for getting visas.



>>but I don’t have a Mietvertrag that I stay in that city where I am applying for visa renewal in Germany.



1. So where is your Anmeldung in germany and how did u choose which city you are applying for your extension??
2. Which country are you paying your taxes?
3. Can you provide salary receipts for salary in germany?
4. Are you going to work in Belgium or come back to germany?

Those are a few questions you will be asked this time if you want to extend your visa.


>>I don’t know what I should apply for - Niederlassungserlaunis/Beschaftigungserlaubnnis/Daueraufenthaltserlaubnis-EG/whatso ever. Please guide me.

Contact the HR department of you company for guidance, as i feel your case is complicated.

>>I don’t understand why EU does not consider (a sum of years spent in EU) if a non-EU national works in different EU countries for Permanent residence/Citizenship/Naturalization.

That Sir is at the discretion of the respective countries as even though they belong to the EU, each and every country has their own set of rules and regulations.

Thanks Mr. Raj for your reply.

1. So where is your Anmeldung in germany and how did u choose which city you are applying for your extension??

In 20007, Luckily I got the job in the same city where I studied PhD. So, I applied for a work permit on that basis in that city before they transfered me to Belgium (for eg: Munich (a place where I studied for my PhD, I was recruited in Munich in an MNC)). At that time I had all hostel bills to submit in. I got the aufenthalterlaubnis for 3 years at one time starting from Jan 2007-Jan 2010. So there was no issue/s. But NOW I need to go to that ABH for renewal I think. Please clarify. Our HR called the ABH itseems, they said me to jump in the ABH office, she said that they were not that friendly.

2. Which country are you paying your taxes?
I am in a Special Tax Regime (paying taxes to Germany and Belgium) and taxation is done by Price Water House Coopers (PWC).

3. Can you provide salary receipts for salary in germany?
Yes I receive salary slips from Germany and Belgium. My Germany Salary slips show 0€ and it is written in that - I am transfered to abroad. Belgium Salary figures are according to PWC
montly salary figures.

4. Are you going to work in Belgium or come back to germany?
I have a secondment abroad in Belgium extended to 2012 and all paper work officially done and received. DVKA paperwork also done and received.Initially the secondment abroad was for 2 years and now they extended for other 3 years.


Looking forward to your reply. Thanks in advance.

Unfortunately i have no idea how it will turn out. The best option is to take the deputation extension letter from your company for the next 3 years and all other neccessary documents and pop into the ABH and see what they have to say. Hope you have the full support of the company HR behind you incase they make problems. ABH may extend your visa for the next 3 years as per your company letter but i would assume NE or D-EG will not be possible until you become a German resident once more.

Mr. Raj Thanks once again.

I know it is a complicated case.

Anyhow I forgot to mention that my
company always had a care of address
for me (eg: Munchen) in Germany
for official records like Finanzamt, Insurances etc...to show that I travel on weekends to Germany from Belgium and my erste wohnung is Deutschland and zweite wohnung is Belgien in Records.

I know that Aufenthaltserlaubnis expires after 6 months after leaving Germany??Even within these 3 years I flew on German Aufenthaltserlaubnis several times within EUROPE and outside EU?? So it should be valid?? I never used Belgium Residence card while flying. Still I cannot apply for NE/Dauer-EG?

Please advise if you have any expert comments on this.
Thanks once again.
Nice evening.

>>Anyhow I forgot to mention that my
company always had a care of address
for me (eg: Munchen) in Germany
for official records like Finanzamt, Insurances etc...to show that I travel on weekends to Germany from Belgium and my erste wohnung is Deutschland and zweite wohnung is Belgien in Records.

That is actually good.

>>I know that Aufenthaltserlaubnis expires after 6 months after leaving Germany??

Not sure about that because inside schengen there is no border control documenting your travel. So safe to assume it expires only after 6 months of leaving outside Schengen area and not only Germany.

>>Even within these 3 years I flew on German Aufenthaltserlaubnis several times within EUROPE and outside EU?? So it should be valid??
Yes it is valid, no problem there

>>I never used Belgium Residence card while flying. Still I cannot apply for NE/Dauer-EG?

It maybe a non-issue finally, but i think there maybe a problem when you say Germany is your Haupwohnung but you pay Nil Eur Tax. They may take exception to that in issuing you a NE/D-EG.

Dear Mr. Raj

Thanks for your reply once again.

To clarify I didnt say that I pay zero Tax in Germany. I am in a special tax regime, paying taxes to Germany and Belgium (both countries).
My Germany Salary slip says always 0€ saying entsendung ins Ausland, but at the end of the year I have a yearly statement from the Finanzamt regarding Doppelbesteuerungsabkommen Deutschland - Belgien. I file tax claims in Germany as I pay taxes. PWC does it for me in Belgien.
Please advise.
Thanks gentleman.
Nice evening.

Don't worry, I can understand the anxiety. This process takes on an average 1.5 to 2 months.

If the visa office has any problems with your extension, they will send you a letter stating the reason.
Just have patience and you will get it, I hope you have provided them all the required ocs for extension.

Thanks for your reply. The auslandersamt informed me that they are just waiting for approval from arebitsamt.
I submitted salary slip and confirmation letter...since I will be in India for next 4-5 weeks ...how can I reach arbeitsamt to check if they have any problem or need anything?

Wrong time to be in India during Visa renewal process. I hope when you are back after 4-5 weeks and ask them, they should have the permission by that time. But you can always ask them by phone from India as well, just take your concerned visa officer number and try that from India after some weeks.

But the best is to stay in Germany, get the visa process done and then fly to India without any tension.