Hello everybody,

I came to Germany in Sept. 2004 (already 7 years and 1 month) for doing Ph. D. and since Jan 2009 I am working as a post-doc. By the end of Nov 2011 I will have paid 60 months of Rentenversicherung. It seems I am eligible, and would like to apply for Niederlassungserlaubnis (NE). I visited Ausländerbehörde (ABH) in last month they said me that it is bit early for me to apply for NE since I haven’t yet paid 60 months completely. I can apply by the end of Oct so that I have paid 59 months of pension. As my work contract with the current employer is ending in Dec this year and I am already on the way for searching another position preferably in Germany. In case, the things did not work out as per the expectations, I have following questions in this regard:

1. Will it be a problem to apply for NE in Oct-Nov if I do not have a work contract after Dec?

2. But in case I didn’t find any position until Dec, am I eligible to apply for arbeitlosgeld (ALG). If yes, when is the right time to apply? I herd we need to infirm Arbeitsamt 3 months before ending your job contract.

3. If ABH didn’t give me NE on the basis of not having work contact. And I do not have any job offer in hand until Dec, is there any another possibility of visa I can apply to stay some time (3-6 months) in Germany for searching another job. I herd about Fiktionsbescheinigung.

I have done B1 level German course at VHs (TELC certificate with grade 1) and possesses good German communications skills.

I am reading other threads in this forum. Nevertheless, I would really appreciate any immediate suggestions and guidance.

Thank you in advance.

Pratap.

1. Technically, yes. They need to ensure that the applicants possess a "gesicherte lebensunterhalt" which means guaranteed means of subsitence. This can be verified with a work contract...some foreign office insists on unlimited contract.But even a limited contract of 1 to 2 yrs at the time of application can convince them. However, it might be extremely difficult without a job offer in hand.

2. You must be eligible for ALG.No doubt. I don't know abt when one should apply.Perhaps some one else in this forum can tell you better.

3. As you mentioned, 3 to 6 months should not be a problem. During this time, they would like to see whether one is actively searchign for job,attending inteviews etc...further extension might also be possible if one proves that they have an interview or a job offer with a starting date.

I wish you that you get a job offer soon so that you don't have to worry abt the points 1 to 3. :-)

Good luck.

In addition to what said in the other post, take into consideration that for getting an NE you need to pass the Probezeit in the new job you will find. The ABH will not consider your NE application before the Probezeit is finished.

@ rvkvaradhu, Thank you very much for your clarification and wishes. About point one, my current contract is of three years which ends by the end of this year. You mean I must have a new job offer before applying NE?

@itre2712, Usually at what stage the probezeit starts and what is the criteria to pass it?

Please more info about point 2, arbeitlosgeld !

Thank you.

Probezeit usually lasts 6 months (although it can be shorter, depending on your work contract and the agreement you reach with the employer). If you perform well withing the probezeit, then you will pass it and be considered as a regular employee with Kündigungsschütz, which means you can not be laid off easily.

Yes. When you make your application for NE, you will be asked to provide your work contract. If it is going to end in near future,they would not like to process the application. Even if you have a new job offer, as the other poster rightly pointed out, they will wait until you pass the probezeit in order to process your NE. Probezeit is usually max of 6 months..and in some companies 3 months. Perhaps one can negotiate it with the employer.