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Tricky situation

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Posted on 07.05.2008 21:14

Tricky situation

Dear Boarders,

Need advise from you all.

We are living here for the past 2.5 years continuously & I have a permanent employee here in Germany. Our Aufenthaltstitel is valid till April 2009. When checked with Auslandbehorde they said we are still not eligible for BE.

But the tricky situation is that, from this June I would be on a 12month assignment in India along with my family, probably till June 2009. I would be getting my Salary in Germany & obviously paying taxes & for all Social securities here. But I would be vacating my Wohnung.

So please let me know the following
1. How to renew my Aufenthaltstitel since I would be in India for about 1 year ?
2. How can I apply for BE during the next renewal of my Aufenthalstitel ?
3. Does this impact anything else ? like in getting NE, Rente etc..

Thanks for your time,
Sri

srikiszsi

Member since 07.09.2007

 

Posted on 08.05.2008 11:05

Re: Tricky situation

In ABH they said you're not elegible yet for BE? That's weird. You should be able to get BE after working 2 years. What did they claim?

arianna

Member since 01.03.2006

 

Posted on 08.05.2008 11:16

Re: Tricky situation

@srikiszsi

When checked with Auslandbehorde they said we are still not eligible for BE.

If you have worked 24 months without break then you are entitled for BE, show them the following paragraph :

http://www.aufenth....de/beschverfv.html#9



1. How to renew my Aufenthaltstitel since I would be in India for about 1 year ?

Just inform ABH that your company is sending you to India for 12 months, hence you need it to be renewed now.

2. How can I apply for BE during the next renewal of my Aufenthalstitel ?

You can apply for BE now.

3. Does this impact anything else ? like in getting NE, Rente etc..

Your 12 months of stay would not be taken into account when applying for NE or citizenship.

________________________________________

Akshay

Member since 21.03.2005

 

Posted on 08.05.2008 12:14

Re: Tricky situation

Hello All,

I came to know that Inorder to eligible for BE, we need to stay in Germany atleast 3 years and 2 years of continuous payment of rente.

Hope due to this fact that you stayed less than 3 years so you may not eligible for BE.

Cheers,

hereshaik

Member since 12.12.2007

 

Posted on 08.05.2008 13:32

Re: Tricky situation

@hershaik

>>I came to know that Inorder to eligible for BE, we need to stay in Germany atleast 3 years and 2 years of continuous payment of rente.

Well you are wrong. the statement should read

we need to stay in Germany atleast 3 years (or) 2 years of continuous payment of rente

(1)zwei Jahre rechtmäßig eine versicherungspflichtige Beschäftigung im Bundesgebiet ausgeübt haben
oder
(2) sich seit drei Jahren im Bundesgebiet ununterbrochen erlaubt, geduldet oder mit einer Aufenthaltsgestattung aufhalten; Unterbrechungszeiten werden entsprechend § 51 Abs. 1 Nr. 7 des Aufenthaltsgesetzes berücksichtigt.

raj

Member since 27.01.2004

 

Posted on 08.05.2008 21:22

Re: Tricky situation

Thank you all for the response.

Yes I didn't pay rente during my first year of stay here as my contract was different at that time. But since over 1year I am paying Rente & usual social securities.

Can I request ABH to consider me for BE now since I would be completing 3years of continouous stay only this December? Please let me know how getting BE can be justified with ABH.

Also, Can I temporarily do not pay for Krankenversicherung during our stay in India ?

Thanks once agin for the help,
Sri

srikiszsi

Member since 07.09.2007