Dear All,

Please tell me if a person got NE as per the §19 Hoch qual.
on the basis of his Salary/ Scientists e.t.c.

After certain time he looses his salary/ or the position because of which he got §19 NE.Then:

1) Will he be treated as a normal NE .
2) Will his NE be canceled
3) Will he get ALG and social (if applicable)(I know its highly unlikely for a person in this category to be in this position but any ways.

Please advice if there is any law which talks about the conditions/ rights for such people.

May be Detlef and his lawyers may answer this.


But


Have hope

Hi Havehope,


I think once you get your NE, there is no way you will be treated seperate after you loose your job or if you have a different position. i also think all the social benefits scheme apply to NE.

So in principal the person who makes to take a decision of NE reviews carefully if the concerend person is here for a while and did he manage to survive without any ALG or any staatliche hilfe!!

The law says under §19 a NE can be given at the time of entry in to Germany but if anyone gets it in his first few months in Germany, then it is purely miracle.

but then after getting your NE no one cares for you!!

Regards
Rajesh

Regards
Rajesh

Hi Rajesh
First of all congratulations!I am happy to hear about your application being approved.
Can you let me know the website where the NE § 19 can be found in absolute details? Also the law/info for EB?
Thanks in advance
GnR

Hi GnR,

we have it all ;-)

http://www.trust7.com/en/germany/links/immigration

Ciao
Detlef

Hi GnR,

Here are the English versions of §9 and §19 :

Section 9 Settlement permit:
(1) The settlement permit is a permanent residence title. It entitles the holder to
pursue an economic activity, is not subject to any time limits or geographic
restrictions and must not incorporate any subsidiary provisions. Section 47 remains
unaffected.

(2) A foreigner shall be granted the settlement permit provided that
1. he or she has held a residence permit for five years,
2. his or her livelihood is secure,
3. he or she has paid compulsory or voluntary contributions into the statutory
pension scheme for at least 60 months or furnishes evidence of an entitlement to
comparable benefits from an insurance or pension scheme or from an insurance
company; time off for the purposes of child care or nursing at home shall be duly
taken into account,
4. he or she has not been sentenced to a term of youth custody or a prison term of
at least six months or a fine of at least 180 daily rates due to an intentionally
committed offence,
5. he or she is permitted to be in employment, insofar as he or she is in
employment,
6. he or she is in possession of the other permits which are required for the purpose
of the permanent pursuit of his or her economic activity,
7. he or she has an adequate knowledge of the German language,
8. he or she possesses a basic knowledge of the legal and social system and the
way of life in the Federal territory and
9. he or she possesses sufficient living space for himself or herself and the
members of his or her family forming part of his or her household.
The requirements of sentence 1, nos. 7 and 8 shall be deemed to be fulfilled if an
integration course has been successfully completed. These requirements shall be
waived if the foreigner is unable to fulfil them on account of a physical, mental or
psychological illness or handicap. The requirements of sentence 1, nos. 7 and 8 may
also be waived in order to avoid hardship. The aforesaid requirements shall further
be waived if the foreigner is able to communicate verbally in the German language at
a basic level and has not been entitled to participate in an integration course
pursuant to Section 44 (3), no. 2 or has not been obliged to participate in an
integration course pursuant to Section 44a (2), no. 3. The requirements of sentence
1, nos. 2 and 3 shall also be waived if the foreigner is unable to fulfil them due to the
grounds stated in sentence 3.
(3) In the case of cohabiting spouses, it shall suffice if the requirements in
accordance with sub-section 2, sentence 1, nos. 3, 5 and 6 are fulfilled by one
spouse. The requirement in accordance with sub-section 2, sentence 1, no. 3 shall
be waived, if the foreigner is undergoing education or training which leads to a
recognised academic or vocational qualification. Sentence 1 shall apply mutatis
mutandis in the cases covered by Section 26 (4).
(4) In the case of convicted foreigners, the period specified in sub-section 2,
sentence 1, no. 4 shall begin on release from imprisonment. The following periods
shall be taken into account with regard to the periods of possession of a residence
permit which are necessary in order to qualify for issuance of a settlement permit:
1. The duration of former possession of a residence permit or settlement permit, if
the foreigner was in possession of a settlement permit at the time of leaving the
Federal territory, minus the duration of intermediate stays outside of the Federal
territory which led to expiry of the settlement permit; a maximum of four years
shall be taken into account.
2. A maximum of six months for each stay outside of the Federal territory which has
not led to expiry of the residence permit.

**************************
Section 19 Settlement permit for highly qualified foreigners :

(1) A highly qualified foreigner may be granted a settlement permit in special cases if
the Federal Employment Agency has granted approval in accordance with Section 39
or if a statutory provision in accordance with Section 42 or an inter-governmental
agreement stipulates that the settlement permit may be granted without approval
from the Federal Employment Agency in line with Section 39 and there are justifiable
grounds to assume that integration into the way of life which prevails in the Federal
Republic of Germany and ensurance of the foreigner's subsistence without state
assistance are assured. The Land government may stipulate that issuance of the
settlement permit pursuant to sentence 1 requires the approval of the supreme Land
authority or a body to be designated by the latter.
(2) Highly qualified persons in accordance with sub -section 1 are, in particular,
1. scientists with special technical knowledge,
2. teaching personnel in prominent positions or scientific personnel in prominent
positions, or
3. specialists and executive personnel with special professional experience who
receive a salary corresponding to at least twice the earnings ceiling of the
statutory health insurance scheme.

Enjoy reading
Soni

Thanks Detlef and Soni for your replies.
Schönes wochenende noch
regards
GnR