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Visa Questions

NE dilemma

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NE dilemma
Answer
2/15/05 1:06 PM
Hi forum,

I'm a Masters student at the TU-München with a job offer from a company in Stuttgart. I found out that i can apply for a visa extension (as its known now incl. a work permit) at the ABH München. However, does anyone know for how long will I be given a new visa..is there a default duration (5 yrs!?) ?? (i'm asking this because the officials at the ABH were clueless about it)

Also, I was wondering if I'm eligible for a NE. A Rechtsanwalt tells me that I can apply as a Hochqualifizierter inspite of not satisfying either the 84K rule or the min. 4-5 yrs stay rule (btw i'm here since 2.5 yrs). the reason given was the ABH need not consult the Budesagentur für Arbeit and can exercise their own discretion.Is this a valid point??

Another query is related to the Behördes..do I have to do addl. paperwork in Stuttgart because the Bundesländer are different (Bayern & BW)?

Would be cool if any of you could shed light on this..I'd appreciate the help..thanks a ton ahead!
emoticon
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Re: NE dilemma
Answer
2/15/05 1:20 PM as a reply to Rakesh Kay.
just one bit from me about "Rechtsanwalt":
thats also a dilema!, that lawyers who are supposed to help u, dont tell u the right info. Experience says, for them its only their fee important.so many wouldnt say u not to apply for anything.Atleast this is quite new info that one could get NE without having less then 84k or completing 5 years.
if "ABH can exercise their own discretion": if ABH can give such a big discretion, then iam afraid everyone in this forum could get NE easily.
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rejoinder
Answer
2/15/05 1:20 PM as a reply to Rakesh Kay.
and the grounds under which I was advised to apply are as a "scientist with special technical knowledge" and not as a "specialist and executive personel with professional experience" (in which case i am told the 84K & experience rules apply)

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Re: NE dilemma
Answer
2/15/05 1:37 PM as a reply to Rakesh Kay.
Tiefweiss:

Sorry, but IMHO, you have to forget the "Highly qualified" clause.

This clause was meant to bring to Germany Nobel prices and Professors. You don´t have yet a Ms Degree, so I think is not appliable in your case.

There are a couple of PhD in this forum and they didn´t got the "HQ" clause.

By the way, is also not too easy. You need a lot of paperstuff, a recomendation letter of a top Professor telling how wonderful you are, you have to participate in a research project, funded by Bundesland, the project and the kind of work you do must be important for Germany u.v.m.
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Re: NE dilemma
Answer
2/15/05 1:38 PM as a reply to Rakesh Kay.
well @mh, that's the whole point why the advice sounded fishy to me..atleast i see this is not something many hav stumbled across..
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Re: NE dilemma
Answer
2/15/05 1:42 PM as a reply to Rakesh Kay.
thanks YO1..now a little dust seems to clear! emoticon

but would you possibly know for how long would i get a visa now..I dont want to hang around ABH's time and again to get extensions..
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Re: NE dilemma
Answer
2/15/05 1:42 PM as a reply to Rakesh Kay.
To be eligible for NE as a Hochqualifizierte, you should be just a scientist or professor or 84K or 5 years job.
If you have a PhD and you are really working as a scientist, then you can get NE. With MS degree and whatever position you hold, you are not likely to get NE.
You have to apply from Munich Rathaus. Munich rathus will internally ask Arbeitsamt in Stuttgart if you can be given a workpermit . If you are an IT/Electrical graduate, then your way of getting a workpermit should be very easy.
I think you will be given 2-3 years of residency with workpermit.
regards,
mk
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@mk
Answer
2/15/05 1:46 PM as a reply to Rakesh Kay.
i'm not a pure IT person but I also work with software tools primarily ..my Masters degree is in Computational Science and Engg..since you say it's easier for an IT grad, can i apply as an IT-Fachkraft?..will it however restrict my chances to only the IT sector?
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Re: NE dilemma
Answer
2/15/05 1:54 PM as a reply to Rakesh Kay.
Yes you can apply as an IT-Fachkraft with your degree from TUM. Ask your employer to write a letter of qualification. In this letter he should write that you have some special knowledges in IT or in your field. Your visa should be bound to IT or a company or both. You are not likely to get a work permit without any restrictions.
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Re: NE dilemma
Answer
2/15/05 2:04 PM as a reply to Rakesh Kay.
Hi again

Tiefweiss: do you know which numbers will mark to win the Lotto? I don´t and also don´t know (and I guess no human knows) how many time you will get.

I my case, in two weeks in ABH changed three times their opinion about how many time should they give me for my second stage of my GC.

I´m sure you don´t like the one year visum prolongation. Nobody likes it but these are the rules. Welcome to Germany

YO

PS: But just in case you know the numbers of Lotto, please let me know but in advance!
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Re: NE dilemma
Answer
2/15/05 3:27 PM as a reply to Rakesh Kay.
thanks again mk..

but in case the work permit is company bound, i guess it reverts back to the same problem GCs had..of not being able to change companies so easily..any idea if this clause has been revised or something?
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Re: NE dilemma
Answer
2/15/05 4:11 PM as a reply to Rakesh Kay.
"any idea if this clause has been revised or something?"

@tiefweiss

You should be thankful, if you can get the work-residence permit at all.. because you are supposed to go through a job market check procedure and it is not a child-play.. after you have your residence/work permit in your hands firmly, then you can start to complain about having a company specific residence-permit..

I hope you are not expecting to get a residence permit from the very first day which allows you to work in every profession.. that would not be realistic (provided that you are under 84K limit and you are not an outstanding/world famaous scientist)

Regards,

Lacrima
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@lacrima
Answer
2/15/05 6:48 PM as a reply to Rakesh Kay.
your lessons on gratitude seem priceless o wise lacrima..*bowing down tribal fashion* lol

mate..i'm only trying to clarify my doubts & misgivings on the procedure..the more i know, the easier it will be for me to handle things, i'm definitely not asking for your personal opinions on how low i shud cower before the lord of all work permits!...

as for multiple-professions, obviously im not aiming to be doctor by day and engineer by night..well..my query was due to the nature work that i do..overlaps both IT and mechanical engineering..i didnt want to be restricted to being a CFD-bloke when i can also work on wind-tunnel experiments

my my, is this an embittered lot or what..first the lotto numbers, now free lectures on work permit satisfaction..what cometh next!!??
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Re: NE dilemma
Answer
2/15/05 6:59 PM as a reply to Rakesh Kay.
@ tiefweiss

Nice, I was not telling you my personal opinions. I was trying to describe the possibilities that you have, based on your situation. (what to expect, what not to expect)

If you are not satisfied with the service of the forum members(which is given volunteerly and without any guarantee) then maybe you should consult your lawyer.(who seems to be very competent from the information that he provided to you)

Regards,

Lacrima
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Re: NE dilemma
Answer
2/15/05 7:13 PM as a reply to Rakesh Kay.
well lacrima, if you were indeed offering me suggestions on what/what not to expect..i really dont see them in your post..

this forum is a real amazing place, i wouldnt be here if i didnt value the tips provided here..

cheers
tiefweiss
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Re: NE dilemma
Answer
2/15/05 7:28 PM as a reply to Rakesh Kay.
@tiefweiss:

just ignore lacrima!

he/she seems to have an attitude problem at times!
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Re: NE dilemma
Answer
2/15/05 7:42 PM as a reply to Rakesh Kay.
hello tiefweiss,
Congradulations for getting an offer.Just ignore negative comments.

Coming to your qualification as IT FACHKRAFT, you are absolutely eligible, as I am also working under the same category, involving IT and automotive engineering.

Since there is no more Green Card rule, you might get a permit somewhere between 2-5 years.

Is your contract with your company limited or unlimited?

Wow nice to hear that you are going to work on CFD and WTE.
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Re: NE dilemma
Answer
2/15/05 8:08 PM as a reply to Rakesh Kay.
hi chandra..

thanks for the wishes..the offer is unbefristet.

have you already gone through a similar procedure?

is there a special form for IT-Fachkräfte or can i just use the same Vordruck für Ausländerbeschäftigung and mention the IT thing?

cheers
tiefweiss
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Re: NE dilemma
Answer
2/15/05 8:15 PM as a reply to Rakesh Kay.
negative comments ? ignore lacrima ?

Thanks guys, that is very nice of you. I am touched.

People do not like me just becasue I am pointing the bare facts, instead of creating for the people, a pink world surrounded with bees and flowers.

What is negative with my comments ? Although he/she has a job offer, his/her application can be very well refused by ABH with the explanation that another EU Citizen is available for the job.

Ok, I change my comments then,


Dear tiefweiss,
Everything seems ok with your situation. You can get a german citizenship with your job offer in the same day you file your application. So please dont worry and do not believe the people who try to say the opposite. They are evil souled people who try to take away the joy of your great-day. Everything is pink and the world is great.
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Re: NE dilemma
Answer
2/16/05 12:19 AM as a reply to Rakesh Kay.
Yo lacrima,

Do not be upset with ignore lacrima type comments, etc. It could be worse. You could be cool dude for a day!!!!! :-) I get nothing but love and kisses written to me.

I read about a survival guide for DE in the forum, but here is your survival guide for the forum; Your comments need to be soft, gentle and with a warm loving heart. This applies when you respond to many who write in the forum. Especially new or people who write seldom. You need to handle them like little crying babies..... Speak soft, gentle and never say anything they do not like. But hey, you can always write the truth and your hard and rude comments to dumb old and ignorant cool dude. I mean, I only have a masters degree from MIT. Yeah, that is, according to some Indian guy in this forum, and yes he wrote he was Indian, so do not get on me about that comment, that MIT is a Class B school in the USA and can not compare to the wonderful universities in India. Whatever!!!!!

I mean life and reality are always roses and wonderful.......so you need to also write in this manner.

Later,
Cool Dude!
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Re: NE dilemma
Answer
2/16/05 12:23 AM as a reply to Rakesh Kay.
@tiefwhite

Extreme pessimism does not help us here in Germany. But i do not believe the opposite might be also helpful. In my opinion BW and Bayern are more strict states when compared to NRW, Hessen etc. the way they deal with foreigners.

If you are a uni. student, most probably you have a Aufenthaltsbewilligung which you need to renew every year. And the 'visa' that you are talking about is not valid if you lose your job. Many people here have 5 year 'visas' as GC which means 'nothing visa' when you lose your job. Do you still think that it makes sense to be curious about the period of time they issue your 'visa' ?
This is not US green card, or canada PR...

Other than that, if you are not getting 84K/year, forget NE.

In my point of view Lacrima only gave his opinions and help here. You may like or you may not like. If you need service, Detlef and VPMK lawyers are there. Sorry ... emoticon
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Re: NE dilemma
Answer
2/16/05 12:54 AM as a reply to Rakesh Kay.
guys:

i'm fully aware of the fact that i only have a job offer and not a work permit..which essentially means i have nothing now..

i'm not interested in irrelevant arguments lacrima..you are free to say all that you want, its a free world of course, and it does look beautiful with all the pink and roses..

have fun
tiefweiss
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