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Visa Questions

Blue Card+German University Graduate , law of permanent residenceship

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Hi,

Commonly known fact is that if you have a Blue Card, you are
entitled to permanent residenceship(Niederlassungserlaubnis) in Germany
after 33 months( 21 months in case you have B1 German lanuage
certificate).

If someone is  a German university graduate as well as a blue card holder (§ 19a), according to
§ 18b Niederlassungserlaubnis für Absolventen deutscher Hochschulen 

one should have got work related visa (§§ 18, 18a, 19a oder § 21) since
2 years + study related job at the time of application and have paid 24
months of Statuatory pension to get Permanent residenceship.

This law hardly gives any advantage to graduates of German Universities in my understandting. The advantage  if you don't have B1 certification is that  you can get it (NE) in 24 months instead of 33 month and if you have B1 , there is no advantage at all.

But there are exceptions:

A friend recently graudated (§ 16)  and got a Blue Card (§  19a)
since few days. He went to Ausländerbehorde in NRW and they told that he
is eligible for permanent residence straightaway as he has paid 24
Pensions during his studies. Which means that they didn't consider that
he wasn't on work visa((§§ 18, 18a, 19a oder § 21)) since 2 years but was a student (§ 16)

I am in another city of NRW. Just want to know that whether there is some
legal basis for decision of Aliens office or it is just a different
interpretation of the law by relevant Ausländerbehorde ( my friend is just lucky :-) ).

If there is some legal basis, I also meet this requirement i.e 24 months paid Pesnion (study related student jobs + 7 months on Blue Card). If I find some legals basis, I can ask my ABH to consider me for permanent residenceship.

Thanks for your kind input.
0 (0 Votes)

RE: Blue Card+German University Graduate , law of permanent residenceship
Answer
8/19/13 6:35 PM as a reply to Abdul Majid Majid Malik.
writer77:

A friend recently graudated (§ 16)  and got a Blue Card (§  19a)
since few days. He went to Ausländerbehorde in NRW and they told that he
is eligible for permanent residence straightaway as he has paid 24
Pensions during his studies. Which means that they didn't consider that
he wasn't on work visa((§§ 18, 18a, 19a oder § 21)) since 2 years but was a student (§ 16)
The ABH made a mistake and your friend is actually not eligible. Which ABH was it?
0 (0 Votes)

RE: Blue Card+German University Graduate , law of permanent residenceship
Answer
11/8/13 1:03 PM as a reply to Abdul Majid Majid Malik.
Hi 
Is it neccesary to be in the status of blue card for all the 33 months to be eligible for NE 
For me i have paid pension for 21 months and am going to receive blue card now and i have a B1 certificate from India.
Am i eligible for NE.

Thanks in advance
0 (0 Votes)

RE: Blue Card+German University Graduate , law of permanent residenceship
Answer
11/12/13 2:35 PM as a reply to UnniKrishnan R.
Hi Unni,
Please read theanswer to the question 'Can previous stays in Germany be credited towards the minimum period for a settlement permit?' in this page:

http://www.bamf.de/EN/Infothek/FragenAntworten/BlaueKarteEU/_function/faq-table.html?nn=3064818

T
o my understanding, it means if you have been working in Germany and have had the requirements of getting Blue Card (but did not have a Blue Card) and you apply for a Blue Card  now, then the old period is also counted to get the permanent residence permit (please let me know if you understand it differently).

Sara
 
0 (0 Votes)

Hi,

this is right! You can apply for Niederlassungserlaubnis, if your knowledge of German is good enough!

@sara

thanks for the link to this website! I did not know it before. It is very detailed and comprehensive and it comes from an official source, 'The Federal Office for Migration and Refugees', so everybody can use it as a reference in case of discussions with his local alien office.

Very Good emoticon

http://www.bamf.de/EN/Service/Left/FAQ/faq-node.html
0 (0 Votes)

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