Hello
I had applied for NE as high qualified 1.5 month ago. I have been in Germany for six years. I work as wissenschaftliche Mirarbeiter. My employers sent a very strong letter about my high qualification. Now I have the appointment with the office.

Unfortunately, my contract is finishing at the same time and I have 1.5 months extension contract to present.

I would be joining a new company (most probably not as wissenschaftliche Mirarbeiter nor Salary > 63000) after that….or I may start with free lancing first before joining a right company.

What can I expect from the appointment regarding my NE case?

In my previous job I do had an unlimited contract with my old company but I had resigned it to join the new job (Just an extra info.)

Thanks in advance
sami

Hi Sami,

difficult situation. Applying for a job when waiting for new permit status always creates problems...

I would recommend to wait for their answer first but if they want you to give more documents, then you must tell them you are changing your job... In that case your §19 application might be rejected. If your current permit is bound to the institute where you are working as scientist right now, you anyway have to inform them. After that, the possibility of rejection is not small.. It is up to the official.

In the worst case, if you get a rejection (because your scientist contract will expire), check if you can apply for regular NE with your 6 years of stay in Germany. Most probably you were student in some part of these 6 years. Please note that for regular NE your student times are counted to half. Say you have been 3 years as student and 3 year scientist, in this case 3/2 + 3 = 4,5 years will be considered. That means, even if your application for NE §19 can be rejected, you have right to apply for "regular NE" (NE §9) in 6 months.

No matter if you get NE §19 or NE §9 in some months, you cannot do freelancing until you get this title. Because freelancing is only allowed when you get NE or EG (Erwerbstätigkeit gestattet, is received after 3rd or 4th year as limited permit again).

Your case is difficult because you applied for NE §19 and you change your job in the same time. This is tough and sometimes it is not easy to tell this situation to the Alien Office people. Wish you would not have done this..

Be well-prepared and consider your personal cases according to the data above.

Good luck!

HTH.
Klenze17.

klenze you said
Say you have been 3 years as student and 3 year scientist, in this case 3/2 + 3 = 4,5 years will be considered. That means, even if your application for NE §19 can be rejected, you have right to apply for "regular NE" (NE §9) in 6 months.

But for regular NE you need 60 months rente payment right? (Might be that he already have it by working during the student time)
May be he qualify for NE D-EG?

regards

Thanks for a very useful guideline

I complete now 5 years (ST/2 + JobT) for NE… Rente = 48
Can I ask them for regular NE now with my new 1.5 months extended contract?
(Or I have to wait until I have an unlimited contract, later)

I guess mandatory 60 Rente are required for NE D-EG not for regular NE. (?)

Actually I wish freedom in my next career planning (free lancing, conducting own projects, working for companies for the time I want). This would not be my priority to sign an unlimited contract with a company. I did it once but I resigned it after 7 months for my further interests. I may also like to work again for an institute some time next year.
Without a NE, I cannot have such freedom.
Otherwise I am forced to join a company within 1.5 on an unlimited contact to get NE first (?)

The letter of high qualification my employers sent them is extra ordinary strong (like an unlimited contract)

My current visa is bound with institute name. In the case the NE is rejected, can I ask them my new 1.5 months visa to be BE to have some freedom?

Regards

@sami:

I do not think, that at present you are eligible for any NE . You can apply in future.

The reason:

1. For regular NE, in addition to 5 years of stay, one needs also to have paid 60 months Rente, which you have paid only for 48 months, so 1 year more you need to work (see § 9 Niederlassungserlaubnis Abs 3)

2. NE for highly qualified, you also does not fulfill important criteria of salary limit at present (see § 19 Niederlassungserlaubnis für Hochqualifizierte Abs 2(3))and your current contract is also finishing in couple of months.

UMTS
may be he qualify for D-EG?(60 months rente payment may not be required(?))

@helpme
you rote

<<may be he qualify for D-EG?(60 months rente payment may not be required(?))>>

You do not need to reply everyone. If you are not sure, just wait others comments. Do not use words, may be, may not be, this shows that you do not have enough knowledge on this particular topic. Just go through the law and then put your valuable comments.
I hope you understand, what i mean.

Thanks for the guideline:

Thus I conclude: NE §19 could be problematic now.

As I understood form above discussion:
for regular NE, there is a need of 60 Rente
for D-EG, not

but in FAQ web link
http://trust7faq.wik.is/Visa/Daueraufenthalt_EG

It is written opposite
What is correct?


A second question: My current visa is bound with institute name. In the case the NE §19 is rejected, can I ask them for BE for my next 1.5 months extension (48 Rente).

Regards

>>A second question: My current visa is bound with institute name. In the case the NE §19 is rejected, can I ask them for BE for my next 1.5 months extension (48 Rente).

You can apply it now instead of waiting till the last moment. Before you ask for the law, here is it

http://www.aufenthaltstitel.de/beschverfv.html#9

I believe in your case BE only plays a role if you have a new job offer. If you are looking for a new job then simply act as though you have BE stamped already, i.e. tell your potential employer that you have it. I was in a similar situation, and was told in Ausländeramt the following: we don't stamp BE in your pass in such a case (working contract is about to expire), just come to us when you have a new job offer and if you are really entitled to BE your papers will be processed promptly by Arbeitsamt.
BE by itself does not give you the right to stay in Germany without a job or without confirmed ALG I payments sufficient to support yourself (see earlier comments about free lancing).