Dear friends @ trust7,

I am Green-Card Holder valid until July 2006. I need few clarifications regarding the following issues, after having read few forums here. Please kindly take out sometime to clear this confusion.

1. If I had stayed and worked on an AE for over 3 years in Germany, can I still apply for the NE right now or should I wait until next year Sept-2006, when my AE actually expires? I had also read few write-ups on Immigration Law where it states that one is eligible for an NE only if he or she had held an AE for 5 years or paid 60-month RV and so on. Here, it says 5 years of stay whereas in few forums here, it states 3-years is enough...could anyone please explain, if I am mistaken somewhere in understanding this?

2. How long does the whole process of NE take? is it dependant on our local ABH or is there a fixed time for processing?

3. With an NE, can one work as a Freelancer like any other German National or do any other restrictions apply to foreigners?

Trusting that you would share your expert advices.

best regards,
Trustee

1. 3 is something else. for NE you need 5 years but you can aply 3 months before.
2. dependant
3. NE can not have restrictions of any kind (but you can not be away for more than 6 months)

Thanks DvD,
for your short-but-efficient responses. I really appreciate it.

May I know, for what does this 3-years of working apply?

Thanks in advance,
Trustee

After 3 years of work in D you can skip AMC.
But GCler can skip AMC even with one day of work in D so this 3 years are for GClers not important.

Thanks DvD!

Hello All,

I read most of the posting on NA.

Is anybody in our forum got NA till now ???

This will be very interesting for other GCler to proceed further.

Cheere
A

you mean NE

Just continuing from original question...

Is there anybody who has got NE after the expiration of his GC period ( i mean exactly 5 years minus three months ) working continuously so far here ?

Actually i am in this situation and would appreciate any help in this direction.

Greetings,
Starter.

It is to early to say, but I have a termin in 01.09.2005 in 10.00 to make an application for NE.
According the answer from my Beamter it would be no problem.
In mean time my employer has phone him (to the Beamter)and he confirm to him same.
I will receive also Arbeit Bescheeinigung from my employer that the company need me in the future.
So I hope all will be OK.
At 15.11.2005 I make 5 years residence in Germany and 62 Months work (I have start to work at 01.09.2000 with this 3 months valid Shengen visum).
This is my status.
To be honest,now it is not so important to me if I get NE or not.
I have (and I asume many other GC) already have chanches to get job in others countries.
Sure I will report for the finale.

@ajay

just wait a couple of days, I got ma appointment on August 29th at 10 AM so around 12 AM, I should let you know how it happened but according to the HR of my company who called the guy handling my case at ABH, all should work smoothly and I already got all the papers ready, so it's just a matter of patience for the finish line.

D.

Hello all,
something struck me while following this discussion.That's the involvement of ones employer in the process of obtaining NE.Ofcourse , I know the inclusion of ones employer would facilitate the process but my question is; is this a prerequisite? I thought having worked for 5yrs and ofcourse still suitably employed is enough.Do I have to bother my employer in this matter(even when my relationship with the HR guys is excellent except that one doesn't want to feel like asking for a favour) ;-) ?

emphasize>is this a prerequisite?

no way. Its not prerequisite ! and it is quite understandable that one might not want to bother his/her employer. But u know, there are many kids around who even after living 5 yrs in DE dont know much about such matters (NE etc.). I'm sure there r many who even dont know what the hell NE is!

so if u just go AB and ask if you can get NE, then they will ofcourse wonder a bit, if you have been working since long in DE at all. Such things can convince the officer in AB to ask for a direct contact with your employer. So people who know a bit about this business, first prepare and plan the documents (including certificate from the employer) they need ahead of their appointment, sothat the AB willnt have to contact with employer.
this story of involving the employer started due to such reasons somehow.

@onye

it's really not a prerequisite.
As you took if from my case, here's the deal: the HR knows that my visa is ending August 31st, so they called me to know if they had to request a new visa for me at the ABH (they never heard about the NE before) because without a visa, I won't be able to work from September 1st: good point for them, it shows that they care (or at least follow the situation) for their employees.
I then told them about the NE and as they didn't knew about, they *proposed* to call the ABH to be sure that everything will go right and know if they have to do or submit something on my behalf.
They called and got the answer that everything was fine.
In fact, I never intended to let 'em know about the whole process because I can deal with that alone, I just planned to get the NE and come with a copy for them for my file, but as they asked to call, I wouldn't have restrained them from.
But as said, it's really not a prerequisite, or even required.
If you employer wants to deal with the whole thing, then ok, if not, who cares?

D.

Hi


In my case to apply for NE as of now I found that its going smooth without anybodies help.

I went to ABH(Köln)on 3rd August to extend my visa as its getting expired on 30th Sept( completes 5 years in DE).
But to my surprise before I could say something to the lady beamter she thought that I came to apply for the NE and she gave me a appliation for NE and told me to fill it and give it back with the necessary supported documents.
I told her I came for the extension,then she told O.k she will extend the visa as the procedure takes nearly three week she told me to come on 29th and get the extend visa and also told me to bring the filled NE appication with all the supported document.
she told that the total process time for NE will be between two to three months.
I am happy that without any hassel everything went fine .
But I don't know if something surprising happens on 29th August.

well I will let you know about the meeting on 29th August on the same day

Rgd
assr

>> she told that the total process time for NE >> will be between two to three months.

I got an appointment on 15th of Sept but without any application form. the beamter sounded like giving just another visa and never mentioned abt 2 to 3 months..it sounded like one day process..

Will wait for Nobody and check out what happens...Best wishes to you Nobody !!

Before few days I was in AA to see what steps I have to make concerning NE (in middle of October I will be 5 years in Germany).

Lady gave me some forms to fill and she sent request for securty check. She will get result on 30.08. so she told me to come on 31.08.

Because this date was not ok for me we changed it to 01.09.

She said that she doesn't know will I get my NE then or I will have to come once again in October but she doesn't think that there will be any problem.

Any was, because in beginning of October I will go to USA I asked if I do not get NE in September can I get visa extension and then later in October to come to pickup NE and she said sure why not but only in case that I do not get NE in two weeks.

Few more days and we will know ;).

Dracus

P.S. I am in Karlsruhe

@max: In which city you applied for your NE?

With me it is a bit messy...
As you know when I suggest to send the letter to BMI and we have done all togeather,I have inform my Beamter about that and I have search BE..i.e. normal visum (not GC, not bindet...to work anything according the law), and he was totaly 'out of order'.
He did not answered to any of my letters and requests althow I was pussing...finaly I told him I give up and it is better (I barged with him) if I go on 1 September and he make NE to me.
He agreed...
Also couse my employer owe to me (it is also an agreement with him in one way) to support me in NE process and gimme all documents I need, I have inform my Beamter that I will give him all documents including any request from my employer (security,papers,bla,bla)...
I have nicely explain him over phone all according the law and paragraphs and papers that I have send to him (when I was searching BE), and I think that he saw that I understand something more and so happened...
I asume that will be so easy and he will search something more...actualy I have told him that I will go on 1 September and according al bla,bla..he must gemme NE.
Finaly after so long time 'washing up' he just told ...OK come and we shall make it but if you get I do not know...we shall see...
So...I wait 1 September.
Place: Osterode am Haarz
I hope that all shall be OK.

@Nobody
I feel like closely 'hang up' with you experience.
Unfortenately I do not have so high esteem and positive strenght as you do (and you have it believe me)so I wish you all best man.
Same to DvD who helped me few times with support.
Funny but I was start to thinking for bying flat next year hier...althow I am not sure what can happened.I am 99% in one way sure, those 1% I left on Goads will as always.

@Max;
@NoBody;

Nobody is my boy... he has my style of discussion analysis ;so I let him do most of it, though he need to improve more in some areas,Right Nobody ;-) ?
More power to your elbow !!

Hi * and Nobody ,

Nobody , I am very interested to hear from you about the outcome of your ABH visit , cause that is waiting me soon ( by the way , did you apply independently or used VPMK lawyers ? ).
I applied for NE through VPMK lawyers since March as I was adviced by the ABH to apply early due to Security check .
Applying to NE based on §19 ( high qualified )did not work even though my gross was more 84K ( bonus and extra work time ) . So my lawyers decided to apply based on §9 ( 5 year residency condition ) .
Nevertheless , the application still goes very difficult and still did not get a date for the NE stamp ( my visa and my famillys visa ends on 13th September ) !!

My new extended work contract is linked ( will be active ) if I get the NE ( Egg-Checken delema ) !!

This is Frankfurt city / Hessen .

Is this Normal ?
Regards

@green2000

"Nobody , I am very interested to hear from you about the outcome of your ABH visit , cause that is waiting me soon", wait til tomorrow then I will let you know what, it's only a matter of time now, the clock is ticking :-)

"by the way , did you apply independently or used VPMK lawyers", I applied myself, I normally go to VPMK when there's a problem and there seems to be none, at least for the moment.

"Applying to NE based on §19 (high qualified)did not work even though my gross was more 84K (bonus and extra work time)", quite strange to hear.

"So my lawyers decided to apply based on §9 (5 year residency condition)", good because it saves you money :-) the §19 cost around 200 euros and the §9 85 euros.

"Nevertheless , the application still goes very difficult and still did not get a date for the NE stamp (my visa and my famillys visa ends on 13th September)", then you will receive one very soon then, September 13th is only less than 3 weeks away. I think you have to call there and check what's going on.

"My new extended work contract is linked (will be active) if I get the NE ( Egg-Checken delema) !!", dilemna belongs to a "normal" life :-)

"Is this Normal?", can't say but just wait a little bit.

D.

Hi green2000, nobody,

"My new extended work contract is linked ( will be active ) if I get the NE ( Egg-Checken delema ) !!"

No need to worry, you are probably covered on both sides. You will get a Fiktionbescheinigung until the NE is decided if it goes beyond the 13th of September, and yor work contract will not be invalid, even if there is a temporary condition invalidating it. That is, AFAIK, if your residence permit becomes void, that doesn't necesarily invalidate your new working contract, even if depends on having a valid residence permit, ... as long as it is likely that you will get a new residence title.

http://www.ard-ratgeber-recht.de/urteile/leitsatz/rl01475.html


regards,
Alex

NoBody Posted on 17.08.2005 07:07:
"just wait a couple of days, I got ma appointment on August 29th at 10 AM so around 12 AM, I should let you know how it happened but according to the HR of my company who called the guy handling my case at ABH, all should work smoothly and I already got all the papers ready, so it's just a matter of patience for the finish line."



So he is now probably there in ABH office getting NE or out of office waitting for NE or out of office with NE in hands.