Dear all,

I know this might be redundant, but I have some specific questions relating to NE, for which atleast I couldn't find latest answers on forum.

I have been living in Germany since 04/2004 with following status:
04/2004 - 31/12/2007 Student(Abs 16) + HiWi Job with RV paid (45 months)
01/01/2008 - todate Wissenshaftliche Mitarbeiter (Abs 18) vollzeit arbeit, RV paid for 36 months.

(All the time(Study + fulltime), I had been employed by the same employer which is Research Institute (GmbH)
As per my understanding of the rules for NE if the student time in which I paid RV is counted half then I will be able to apply for NE in February (45/2 + 38). Is it correct?

Do I need an unbefristet contract before I apply for NE?. In our research institute all contracts are time limited and my current contract will expire in 2012.

I want to go to auslanderamt next week so your quick replies will be highly appreciated.

Best Regards,
Shb

You need unbefristet Arbeitsvertrag for NE.

The information in the last post that you need an 'unbefristeter arbeitsvertrag' is wrong per se.

The clause for NE is that your lebensunterhalt ist gesichert which means that your source of living is existent. This can be with a limited or unlimited job contract.

Your calculation is correct.

Education time (§16) as such is counted 50% for NE and the time with workpermit is counted 100%. For example if you studied 45 months and worked during this period as HiWi for 45 months (and paid RV for 45 months), 23 months would be counted and you need another 27 months of SV/RV paid.

Some caseworkers however believe (and tell the applicants) that an unlimited contract should be there which is not true. However, please realize that the caseworkers also have some discretion and need to be convinced that you will manage to survive after the contract finishes. If your contract is finishing in 2012, the onus lies on you. In any case, I would ask for information (with law number from Aufenthaltsgesetz) which says that you need an unlimited contract.

Try with all your educational degrees and a reference letter from your boss (how good you are and how you have contributed to science in Germany) and it will help.

-----------------------------------

As a researcher, you are a Wissenschaftler.

So please also think about trying for Niederlassungserlaubnis für Hochqualifizierte under § 19 Aufenthaltsgesetz (http://www.gesetze-im-internet.de/aufenthg_2004/__19.html). Again researh papers, reco letter from boss help here. Some states do this easily, some make it complicated.

-----------------------------------

Reference:

Aufenthaltsgesetz - http://www.gesetze-im-internet.de/aufenthg_2004/

Aufenthaltsverordnung - http://www.gesetze-im-internet.de/aufenthv/index.html

Supersid
PS - I had a similar situation with education time, though I had an unlimited contract.

Thanks Supersid for the detailed answer and advice. I really appreciate it.

The ABH requires unbefristet ungekündigt Arbeitserlaubnis.

This is what they asked from me in the list of requirements.

I have enough capital which allows me to live in Munich for 8 years - you can make your calculation and find out how much (hint it is much more than 100K€). I have no family and I have to provide only myself.

But even if you win here in the lottery in 1 million € it will not please the ABH if you are in probation time or if your contract ends up in few months (limited work contract).

The law itself does not make any sense in this case, becuase one can be fired or quit his job the next day after receiving the NE.

I am aware of the situation in the Munich office as I live there. Seems that you are one of those who has been misinformed by the case-worker

Ungekündigt is important, unbefristet however is irrelevant. Infact the so-called Arbeitgeberbescheinigung (certificate by employer) has the options of checking/or not checking the Arbeitsvertrag validity (unbefristet oder befristet).And yes usually they want probabtion period to be over. The caseworker needs to be convinced that you can survive (Lebensunterhalt muss gesichert sein).

Please read the law references given in my last post and the explanations about the discretion.

I also agree about what you say about the 1Mio lottery and about the law making no sense.

Hello SuperSid,

Thank you very much for the helpful information. Talking about education time counts 50% for NE, is there any terms or phrase actually saying this? I have a friend in Stuttgart who was told by ABH that this 50% count is no longer valid.

My wife will be studying in Germany for 8 years this March and plans to finish her Diplomarbeit in September. Does it mean by the time she finishes her study, she only needs to work with a valid work permit for less than a year before she can apply for NE?

I heard that a student after his study is automatically given 1 year residence permit to look for a job and a work permit when receiving an offer from an employer. Is it still true now?

Your reply would be very much appreciated.

Regards,
TTL