Hi all,

Can any of the experts please help me to clarify this term? I was employed full time by the university as Wissntschaftliche Mitarbeiter (first 37.5 hrs/week and later 41 hrs./week) but always had my contract running until a specific future date and then extended (3 months + 2years + 6 months + 6 months+ 6 months + 3 months). Does this mean that my work was still 'zeitlich begrenzt'? I am asking in relation to receiving BE and my lawyer considers my work period as zeitlich begrenzt and, therefore, I can not use 3 years full time work rule (BeschVO §9 1.1) since $9 2.2 will exlude my work history and I can probably go only with 4 years stay rule BeschVO §9 1.2 ? Thanks for your help.

I think your lawyer is correct. You are a scientist in an academical institution, we have here very seldom cases like you. rajeshspg, a forum member, is one case AFAIK.

But can't you receive a Niederlassungserlaubnis für Hochqualifizierte (unlimited residence permit for highly-qualified people) w.r.t. AufenthG §19.2.1 (Wissenschaftler mit besonderen fachlichen Kenntnissen)? Have you got the chance to talk to your lawyer about that?
http://www.aufenthaltstitel.de/aufenthaltsg.html#19

Klenze17.

Thanks a lot for reply, we checked about that and in NRW the rule of thumb is that one has to be either a full time lecturer at a university or a project leader and main grant recepient to qualify for Niederlassungerlaubniss als Hochqualifizierte, which is actually a quite restrictive clause. Unfortunately I am neither of those and for some reasons it is impossible to try to make an impression for ABH people that I qualify - have to keep looking for other options.

Hi,

Normally if you work for any university, you will be given only a Zeitlich Befristet Vertrag which could be extended for Maximum 6 year in the case of your position being a 'Landstelle' and in case you are working with Dritmittel, you can get extension only till the project is valid but in both cases, your contract could be not extended for more than 6 years.

Neverthless, If you are very lucky to have a Engineer position ( Unbefristet)just apply for NE. Just ask your with your publications and previous academic distinctions and then it should work like my case.

I wish you good luck

Best Regards
Rajesh

@ mkorobeinik

If all of your previous contract extensions followed up with the date next to each other (i.e .if your 2year contract expired on 6.7.06 and your new 2 month contract started 7.6.06), then you basically have only single continous contract and in this case your lawyer was wrong about non continous work.

But to get BE as Wissenschaftlicher Mitarbeiter is bit difficult if your visa is issued based on §16(Promotion oder studium)

But again it is the chicken and egg question as §16 is only for studium and you can be working in the university as Wiss-Mitarbeiter without immatriculating as a student and just work for a Lehrtsuhl or any dritmittel project without any study obligations.

One of my best friend who is in the same case like you has now sued against Auslandsmat for not giving him BE..I will tell you the outcome when he gets the final judgement from Court!!

rajeshspg wrote:
Neverthless, If you are very lucky to have a Engineer position ( Unbefristet)just apply for NE. Just ask your with your publications and previous academic distinctions and then it should work like my case.

Rajesh, does an engineer have a chance to get NE thru AufenthG $19.x.x, if he/she has MSc degree + international patent + international publications? Do you think it is possible?

Klenze17.

Thanks for info Rajesh,
I always had my AE based on §18 since I got Ph.D. in the USA and never studied in Germany (Wiss. Mitarb. mit abgeschlossener Promotion), extendable up to 6 year maximum as you mentioned, the support for the position was provided as a 'Drittmittel', so unfortunately it is not an 'Unbefristet' position. There's no gaps in contract extensions, but I believe the fact that each time the expiry date of the contract was specified and the total duration of work on this position can't extend 6 years makes it 'zeitlich begrenzt' even though it was continuous.
Please let me know how the case betweeen your friend and Auslanderamt works out, wish him all the best.

@ Klenze


does an engineer have a chance to get NE thru AufenthG $19.x.x, if he/she has MSc degree + international patent + international publications? Do you think it is possible?
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I think you are already eligible as i nearly have the same even without a International Patent. The only thing you need above all is a Unbefristet Vertrag.

@ Mikrobeinik

If you have visa with §18, you are clearly eligible for BE or NE. Just apply immediately and you should(MUST!!) get BE now and NE after 5 years