Hi all,

I had given an application for Niederlassungerlaubnis to auslandersamt 3 weeks ago & I got the following letter from them today.

Its says that I have not completed 5 yrs in germany,so Iam not eligible for NE.



hiermit teilen wir Ihnen mit,dass Ihnen derzeit keine Niederlassungserlaubnis erteilt werden Kann.
voraussetzung für die erteilung einer Niederlassungserlaubnis gem.§9 AufenthG ist unter Anderem,dass sie seit mindestens 5 jahren im besitz einer aufenthalserlaubnis sind.Da Ihnen erstmals am 12.12.2000 eine aufenthalserlaubnis erteilt wurde,kommt die erteilung einer niederlassungserlaubnis frühestens zum 13.12.2005 in betracht.

Wir beabsichtigen daher,ihre Aufenthalserlaubnis zunächst befristet zu verlängern und empfehlen ihnen,zu gegebene zeit einen erneuten antrag auf erteilung niederlassungserlaubnis zu stellen.Des weiteren bitten wir um vorlage ihres passes im zimmer nr. 0.53,damit ihre aufenthalserlaubnis befristet verlängert werden kann.


What should I do?.Iam planning to meet this guy tommorow.How should I approach him..
Is there any part of the law which I could show to him to convince him.


Please advice...

Thanks
P

Since when you are working in Germany ? Exact date ?

if you are not rocket scientist or big manager or if you do not have 84k than you can get NE only by mistake.
You can only get max. 5 years Verlängerung and looks like you will get it without any aditional advice.

Iam working in Germany from october 2000.In my pass in "Auffenthalstitel" ,it is issued at 12.12.2000

But Dvd ,we have discussed in this forum that NE for standard Gc's won't be problem at all. we have been discussing all the laws & stuff ,for quiet a long time out here that once the greencard period of a Gc comes to an end(well before that indeed),he can go to the AE for NE.

This means you will complete 5 years at October 2005.You need to apply for NE before 3-6 months your Aufenthaltserlaubnis expires which is like May to July if i am not mistaken.

I gave it 3 weeks ago & this was the reply I got.From the letter it seems that even if I give an application before 3 or 6 months before my GC expires .According to the beamter, I won't be fiinising 5 years then..

How can I convince him in this regard..

"I gave it 3 weeks ago & this was the reply I got."

What do you expect ? 3 weeks ago was beginning of March, please correct me if i am wrong

We are talking May until July for the NE application. You say you gave it beginning March. Don't you also think that it is too early ?

How to convince him ? I would invite him to a biergarten. Of course i am joking. May be Detlef knows something about how to convince him.

I don't go to Ausländerbehörde myself anymore. VPMK lawyers may be an option for you.

Okay,Pwerli Thanks.I agree that it was a bit early.I went there co's ,I got a new passport(as my old one expired). I had to transfer my visa to my new passport .Thought of applying for NE co's of that.

By the way,where is it stated that we can apply for NE 3 or 6 months before our GC expies.Could show the beamter that

Detlef,do you have any suggestions how to deal this.

Because they do security checks etc. when they are issuing NE to people now. And that kind of work needs some time to completed.

1- go there, ask him when you can apply for NE (keep a written form of your questions like letter, dont show it until if he says no i cant to do this, i cant do that)
2- if he says no, ask him to give this to you in written form with reasons etc.
3- show this document that he gives you to VPMK lawyer, the rest would be definitely fun.

These are worst case walkthrus of course. If everything goes ok, you dont need these and you get your NE latest August i believe.

Okay,Will do that Thanks...
Detlef,Do u have any suggestions...

"...kommt die erteilung einer niederlassungserlaubnis frühestens zum 13.12.2005 in betracht."

As I read it, they are not saying that they won't give it, only that they can not give it to you now.
Ask for "Aufhebung der Auflagen" nach §9 BeschVerf., and at least you will be able to improve your legal status until you can apply to a NE.

cheers,
-a

Any more suggestions from anyone?

Pazzuzu you are expecting that someone will say:
Yes they have to give you NE according to §...

It will not happend and if it happends it is not true.
Best you can do is Aufhebung der Auflage with 5 years Verlängerung. So go for it because it is not bad option.

Auflage Aufhebung can be very usefull when you ask for NE few months later.

Pazzuzzu:
"But Dvd ,we have discussed in this forum that NE for standard Gc's won't be problem at all. we have been discussing all the laws & stuff ,for quiet a long time out here that once the greencard period of a Gc comes to an end(well before that indeed),he can go to the AE for NE."


GC can get NE without problems but conditions are same as for everyone: 5 years and job.

You should get the extention and ask them when can you come for the NE. In this way you can apply after 5 yrs i.e. earliest oct.

Now I would ask them this question now and I am sure they will call 6 weeks before the GC expires.
(I know many who have got this answer around Germany.

Don;t be impatient these beamters hate impatient people.