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Visa Questions

NE Germany Also Resident Indian :Urgent!

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Dear Friends
I have an unconventional question and request the India experts to help out in answering.
I expect to receive my NE next monday. Meanwhile I got an offer from a major consulting firm (american) for a leading role in India.The compensation is quite good, and i am considering taking it up for some time. If everything works out well then I might stay longer in india else I will return back to Germany.

Now if I do take it up then i need to relocate to India. I would however still like to maintain my NE status in Germany.

1)How does one manage such a situation?
2)Can you be a resident Indian and pay income tax in India and parallely be a NE holder in Germany? I know that Germany allows the NE holder to stay outside only for 6 months.
3)can I hold an anmeldung in Germany even when I am in india?
3) Any tips or real life case will be very helpful.

looking forward to your answer

GnR
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Re: NE Germany Also Resident Indian :Urgent!
Answer
2/9/07 2:25 PM as a reply to GnR GnR.
@GnR

I am afraid you cannot hold your NE indefinetly. As it will expire from the date you do your Abmeldung.

One thought could be that you could keep your anmeldung.But to retain it you should either hold your Apt in germany and visit every 5 months and stay for around 15 days or so. this i would say is not illegal.

the 2nd option is that u could reregister to a permanant person in germany. Your freind or so. But in my opinion this is Illegal and if caught this could land u into serious trouble . Further worse this could effect ur fellow indians who geniunly want to come here.

The 3rd Option is which i would say is the best that go to ABH and check with them if you can legally be allowed to hold your NE. One king of exception. You could give them some reason that convinces them that u want to retain NE so that u are interested to come back.

BUT PLEASE DO NOT SPEAK OUT BEFORE YOU GET YOUR NE as this may effect you from getting it.

Best luck. and if you succeed pls share so that others benefit.

Regards
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Re: NE Germany Also Resident Indian :Urgent!
Answer
2/9/07 3:13 PM as a reply to GnR GnR.
Savion
Thanks for the inputs.(Following,I'll use the german technical words such as untermiete and wohnsitzt for brevity)

''the 2nd option is that u could reregister to a permanent person in germany. Your friend or so. But in my opinion this is Illegal and if caught this could land u into serious trouble''

Now can you shed some light on your above passage?
If I am registered with a friend, why would it be illegal? (untermiete i mean). Also hypothetically speaking, if the ausländerbehörde knows right from start that If i live under 'untermiete', then I guess it should not be illegal right?

Another theory, I guess considering the international mobility because of globalisation a person holding a German NE, can work in India (if business takes him there and it need not be the same firm) and can also parallely hold a ' zweite Wohnsitzt'(can be untermiete) in DE (of course with the knowledge of the ABH) with the intention of coming back to DE.
Your comments please.
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Re: NE Germany Also Resident Indian :Urgent!
Answer
2/9/07 3:29 PM as a reply to GnR GnR.
Gnr,

My meaning for Illegal was not that you cannot stay as a untermieter, But as per the law, when you leave Germany you are suppose to Deregister(abmeldung). This is what teh lady at Rahthaus had told me as i was also out of Germany for 2 months.

So if they find out that you have kept your Anmeldung alive just to keep your work permit valid, then it could lead to a problem.

The global mobility concept is not very much common in Germany. In USA its possible to have a H1 which can be used to reenter the country.

So you could try your luck.

Regards
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Re: NE Germany Also Resident Indian :Urgent!
Answer
2/11/07 7:52 PM as a reply to GnR GnR.
Gnr,

refer to my earlier post:
http://www.trust7.com/en/forums/visa_questions/maintain_ne_while_staying_abroad

key:

explain to the boss your case (potential short employment overseas) and your wish to return to germany (i.e. maintain your NE during this time)
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Re: NE Germany Also Resident Indian :Urgent!
Answer
2/11/07 11:32 PM as a reply to GnR GnR.
Aupadh
Thanks. Could you also clarify what the beamter meant by ''Diese Bescheinigung verliert mit Ablauf des XXXXX ihre Gueltigkeit''?

And of course, you are abolutely right. During those early days, I used to think the German ABH is the most complicated authority. But as time passes, I understand,' Things Work'here (once you understand the system and are persistent).

Anyways I got the meeting with ABH tomorrow. Will update on the event.

regards
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Re: NE Germany Also Resident Indian :Urgent!
Answer
2/12/07 1:13 PM as a reply to GnR GnR.
hi all,

I am also in similar situation. I got NE, and now I would like to go to work for a year in some other country.
Where should I go to get this permission.
Now, since, I already have NE and next year i got a chance to get the citizenship, do you think if I go out for 1 year, then I should wait one more year for citizenship, or only 8 years are counted, without taking into consideration t hat out of 8 years 1 year was spent outside.

regards
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Re: NE Germany Also Resident Indian :Urgent!
Answer
2/14/07 12:35 PM as a reply to GnR GnR.
Guys,
To make the things clear. You "may" get a permission for a fixed amount of time from ABH to keep your NE-Status if you plan to leave Germany and stay out of Germany more than 6 months. (You need proofs and good reasons for that.)

BUT.. this permission of ABH DOES NOT necessarily keep your citizenship claim alive. So be aware of that fact. Citizenship law strictly requires 7 or 8 years of residence without any discontinuity more than 6 months. NE and Citizenship are not bound to each other. You can even get citizenship in some cases without even holding NE. They are handled by different laws.

Regards,

Lacrima
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