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NE for highly skilled, anual salary >63000 Euro
Posted on 13.01.2007 09:29
NE for highly skilled, anual salary >63000 Euro
Dear All,
What about the new law, if some one gets anual salary >63000 Euro can get NE?
How is it calculated, does it including urlaub and weinacht geld.
Thanks and regards-
ASM
ASM
Member since 25.06.2004
Posted on 18.03.2009 22:23
Re: NE for highly skilled, anual salary >63000 Euro
For the applicants, whose contract exceeds gross annual salary of 63.600 Euro/year (2008), 64.800 Euro/year (2009):
There are 2 points chowman told which i consider those very important:
1. Officials will ask you to show min gross salary of 5400 EUR/month, because in their Anwendungshinweis des BMI (recommendation from Ministry of Interior) says so. This gives 12 * 5400 = 64800 Euro, the minimum money stated by law for 2009. However this kind of detailed information is not mentioned in the law. Law just says you need to fulfill 64800 Euro for 2009.
If the official refuses your application accordingly, take a written proof from him/her, stating under which law your application is denied. This is very important. They must point law why you cannot get the permit. This is also technically impossible I think, because the law does not put restriction on these items.
Go to a lawyer. The document from Ministry they have conflicts with the law text. A lawyer expertized in foreign/immigration law must win any court case accordingly.
2. Officials will ask you to show such a salary where you do not have bonus payments like Zulage, Bonus, VWL (Vermögenswirksame Leistungen), Urlaubsgeld (holiday money) and Weihnachtsgeld (xmas money). I don't know whether these are also mentioned in the same document above, but the law text does not include those, either. This is absolutely conflicting to the law. I strongly recommend to go to a lawyer.
I wonder how many companies hire people with no Urlaubsgeld/Weihnachtsgeld in Germany? Only people with AT-Vertrag (contract out of union agreements) do not get these contributions (Urlaubsgeld and Weihnachtsgeld). Anyway AT-Vertrag contracts are usually in the level of 70.000 Euro/year.
And also, almost all companies in Germany give Bonus to all workers and these are also taxed and considered fully as salary calculations everywhere in Germany.
The interpretation of the law according to Anwendungshinweis des BMI is definitely unacceptable. Since the law does not mention whether bonus or such contributions must be considered or not, there can be no restriction in the requirements that can be considered, either.
Please correct me if I am wrong here.
Klenze17.
klenze17
Member since 30.12.2004
Posted on 20.03.2009 23:55
Re: NE for highly skilled, anual salary >63000 Euro
just2it wrote on 17/03/2009 11:24 am:
Were you asked for German Certificate?
No.
How did you do the talking, English or German?
German. German language is almost a must to get this permit. If don't know German, I don't think you can get this permit.
What are all the documents you submitted and did the officer understand this rule without any complications?
You most prove extraordinary performance at work. I have 2 patents and 3 technical papers. I have shown the official that i got prizes because of extra performance at work.
While taking letter from company, which points needs to be stressed(possible to give a draft?) .
That you are a good employee. You have extensive competence. You are "specialist" and "high-qualified". Your qualifications solve complex problems etc.
Klenze17.
klenze17
Member since 30.12.2004
Posted on 21.03.2009 12:30
Re: NE for highly skilled, anual salary >63000 Euro
There were some questions about the fee of this unlimited permit.
The fee for this kind of unlimited residence permit (Niederlassungserlaubnis für Hochqualifizierte) is 200 Euro and it is also documented in the Directive for Alien Law:
http://www.aufenth.../aufenthaltsv.html#44
An Gebühren sind zu erheben
1. für die Erteilung einer Niederlassungserlaubnis für Hochqualifizierte (§ 19 Abs. 1 des Aufenthaltsgesetzes) 200 Euro,
2. für die Erteilung einer Niederlassungserlaubnis zur Ausübung einer selbständigen Tätigkeit (§ 21 Abs. 4 des Aufenthaltsgesetzes) 150 Euro,
3. für die Erteilung einer Niederlassungserlaubnis in allen übrigen Fällen 85 Euro.
You can find this fee too high, but don't forget, it is an unlimited permit. You get this kind of permit probably only once in your life. It is very difficult to get such kind of permit in Germany. Therefore it is worth paying that. If it had been 500 Euro, i would have paid it too.
Klenze17.
klenze17
Member since 30.12.2004
Posted on 24.03.2009 19:49
Re: NE for highly skilled, anual salary >63000 Euro
Hi all,
I could use some help here.
Been in Germany for about 2,6 years now and have a salary of 72k per annum.
I apologise upfront If my question seems primitive but could not locate a thread where this was answered.
1.My employer is ok with being involved in the process , what is the first thing we do? Contact the local Landratsamt and ask for the application papers?
2.My salary slips over the last 6 months clear the threshold mark but a part of my job contract states pro/stunden at customer site.I am a permanent(with a consulting firm) but work on an hourly rate at a customer site.I dont know If too many others are familiar with this model, but Would this hamper my chances?
Would appreciate your input.
Billawry
Member since 24.03.2009
Posted on 24.03.2009 20:08
Re: NE for highly skilled, anual salary >63000 Euro
Billawry wrote:
Been in Germany for about 2,6 years now and have a salary of 72k per annum.
I apologise upfront If my question seems primitive but could not locate a thread where this was answered.
This is exactly the correct thread for your case. Welcome to Trust7 and to correct thread!
Also, I strongly advise you to read this complete thread. In this thread there are very important and useful information for you which will answer almost many of your questions.
Billawry asks:
1.My employer is ok with being involved in the process , what is the first thing we do? Contact the local Landratsamt and ask for the application papers?
In which state are you? I am in Hamburg, where I am living but I have not been to a high local authority like Landratsamt. Anyway...
The user mkvsr, his name is Krishna has asked his company HR to contact to Landratsramt. Please contact to him.
Or, Landratsamt already done his process so they are familiar with it. I would then propose to contact them directly what documents to be needed.
Krishna wrote that following documents were needed for Landratsamt:
http://www.trust7....salary_63000_euro__65
Billawry asks:
2.My salary slips over the last 6 months clear the threshold mark but a part of my job contract states pro/stunden at customer site.I am a permanent(with a consulting firm) but work on an hourly rate at a customer site.I dont know If too many others are familiar with this model, but Would this hamper my chances?
I got a similar case. My root salary was below the 5400 EUR/month, stated by the recommendation from Ministry of Interior (Anwendungshinweis von BMI) and in my case the official was not convinced to give me the NE.
After I have shown her Lohnsteuerbescheinigung of 2007 and 2008, in which I have proven that my gross annual salary exceeds 64.800 Euro, they have given me the NE because monthly salary requirement is "overwritten by" my proof of yearly performance.
If the official will look at your "root salary", he will probably not accept it.
I strongly recommend you to find a formulation in written form like Lohnsteuerbescheinigung, that annual gross salary exceeds 64.800 Euro. because if they look at the contract they will not see 5400 Euro/month and not 64.800 Euro/year.
And/or take a writing from your company for Landratsamt or your company HR must give a writing to Landratsamt in which it is stated that your gross annual salary is beyond 64.800 Euro for 2009. They must document in this writing that they guarantee or that they have guaranteed this condition for you.
Otherwise it will be damned difficult to convince the officials. It took for me 2 months to convince them.
Klenze17.
klenze17
Member since 30.12.2004
Posted on 24.03.2009 20:43
Re: NE for highly skilled, anual salary >63000 Euro
Thanks for the welcome and quick response Klenze.
Ok, So there are obstacles with this mode of work. I could get my employer issue me the >64k confirmation.
So, did you go to the auslanderbehorde or arbeitsamt in the absence of a landsratamt. The reason I ask is although my hauptwohnung is Munich my seconary residence is in NRW, which begs the question as to where I should apply.
Munich, I understand is a better option given that they know about this and have a process in place. Is there a restriction that I must apply only in NRW as I work here ?
Thanks in advance!
Billawry
Member since 24.03.2009
Posted on 24.03.2009 21:01
Re: NE for highly skilled, anual salary >63000 Euro
Billawry wrote:
Ok, So there are obstacles with this mode of work. I could get my employer issue me the >64k confirmation.
This is your plan-B and I strongly recommend you to get such a paper. In order to relax your employer, you can tell them that you need this writing only for your unlimited permit application and you will not claim about anything else. In that case they can give you this much faster. In this crisis all HR people are very sensitive. This might help you.
Billawry wrote:
So, did you go to the auslanderbehorde or arbeitsamt in the absence of a landsratamt. The reason I ask is although my hauptwohnung is Munich my seconary residence is in NRW, which begs the question as to where I should apply.
I went to Ausländerbehörde. You don't need to go to Arbeitsamt. As I stated in my previous post that there are info in the thread about it. For this permit you don't need to go to Arbeitsamt (I put that information to the thread).
In your case you must apply where are working I think. Because officials will ask the data of your employer. It might be problematic to show paper from employer in NRW to Landratsamt in Bavaria. This might be more problematic and more time consuming.
I advise you to talk with your Company HR for that. They must talk with Landratsamt where your company is.
Billawry wrote:
Munich, I understand is a better option given that they know about this and have a process in place. Is there a restriction that I must apply only in NRW as I work here ?
Sorry your sentences are divided semantically. Where is your company? You must apply there. Otherwise it will be more problematic.
Talk with your Company HR. They must talk with Landratsamt of their state.
Talk to mkvsr, another forum user. Also, read all his postings he wrote in this thread.
Please read this thread completely! Because this permission is very difficult to get in Germany and there are a lot of technical details. And I repeat again: Please read the complete thread! Some of your questions are answered before! We have spent a lot of time to write this thread, please don't be lazy and read it.
Klenze17.
klenze17
Member since 30.12.2004
Posted on 24.03.2009 22:06
Re: NE for highly skilled, anual salary >63000 Euro
Thanks Klenze,
I will have a chat with my HR soon.
Yes, I did go through the thread but with each case being unique I thought I´d just ask.
I will post here If I come across anything new or interesting.
Thanks for your time and help.
Billawry
Member since 24.03.2009
Posted on 25.03.2009 02:00
Re: NE for highly skilled, anual salary >63000 Euro
To give you a figure how difficult to get this permit:
I have talked in 2 months with 4 different officials. The officials had to talk 3 times with their managers of Local Alien Office and 1 time with Central Alien Office in Hamburg. I have shown about 10 documents (2 patents + 3 papers + 12 years job experience + BSc/MSc title + German skills + Greencard + 64.800 Euro salary requirement). Only after this I could get this permit.
Take a look at Migrationsbericht 2007 (Immigration Data 2007 of Germany, prepared by Ministry of Interior in Germany)
http://www.bmi.bun...t_2007.html?nn=109632
In page 90, it says that in 2005-2007 (3 years) only 1300 people have got this permit in Germany. In page 201, just for 2007 the approved citizenship applications were 113.000. I can say the difficulty to get this permit is comparable to a citizenship application.
Therefore people who intend to get this permit must read this thread completely and must be very prepared. The way through lawyer and/or company might be easier. I did not take that way and it was really challenge.
Klenze17.
klenze17
Member since 30.12.2004
Posted on 26.03.2009 08:54
Re: NE for highly skilled, anual salary >63000 Euro
@ Klenze
Congrats!! I just saw that you have your NE..
You deserve that!! Hats off!!
Wish you all the best in Germany..The next step is German Passport!!
Regards
Rajesh
rajeshspg
Member since 23.01.2004