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NE for highly skilled, anual salary >63000 Euro

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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 26.03.2009 11:27

Re: NE for highly skilled, anual salary >63000 Euro

Hi Rajesh,

thank you very much. Now we are in §19 Club!

A question to you. The Immigration Report 2007 of Ministry of Interior, page 90 says, that for statistical purposes all people with this NE §19 were sent a letter to participate/contribute statistical research of the state about immigration ( http://www.bmi.bun...t_2007.html?nn=109632 ):

Eine schriftliche Befragung von Hochqualifizierten mit einem Titel nach § 19 AufenthG, die im März 2008 durch das Bundesamt für Migration und Flüchtlinge durchgeführt wurde, ergab bei einer Grundgesamtheit von 510 zurückgeschickten und auswertbaren Fragebögen, dass 83,3 % der Hochqualifizierten einen Ehe- oder Lebenspartner/in haben. Diese leben in 92 % der Fälle ebenfalls in Deutschland (vgl. dazu Kapitel 2.7). Von den (Ehe) Partnern und (Ehe)Partnerinnen gehen 23,8 % einer Vollzeitbeschäftigung und 35,1 % einer Teilzeitbeschäftigung nach.

Such a pool was not done in 2006 or prior to 2006:
http://www.bmi.bun...igrationsbericht.html

You got this NE §19 in 2005:
http://trust7.com/...ng_scientist_category

Have you also got such a pool letter from state?

Klenze17.

klenze17

Member since 30.12.2004

 

Posted on 26.03.2009 15:16

Re: NE for highly skilled, anual salary >63000 Euro

Hello guys,
1. I need to ask you an important thing. My annual income for the year 2008 was lower than 63,600 euros.
However, now i belong to higher salary group and getting my higher salary since jan-2009 which in sum would be more than 64,800 euros by the end of 2009. i want to apply for NE according to §19.
As this law is applicable since Jan-2009, so it makes no sense to take into consideration year-2008 salary statements.
Do you guys also think the same?
Do you think that a letter for the company stating my annual income for year 2009 is more than enough ?

2. If for some reasons i am not able to apply for NE accordance to §19, which Visa is good for me with following,
-unbefristeter working contract
-married to an european girl

thank in advance

tucoduco

Member since 26.03.2009

 

Posted on 26.03.2009 15:35

Re: NE for highly skilled, anual salary >63000 Euro

tucoduco, all previous postings in this thread answer all your questions. Before you apply for this special NE, I strongly to recommend you to read this thread. I repeat: Please read the complete thread. You can find the answers of all of your questions. Despite that I answer them.

A lot of forum members are lazy to read this thread. To all forum members who are interested in this special NE: This special NE is very difficult to get in Gemany. We have experienced a lot of things, and we have written a lot of things in this thread which will answer many of your questions. Please read the complete thread first, for Mardok's sake

tucoduco wrote:
1. I need to ask you an important thing. My annual income for the year 2008 was lower than 63,600 euros.
However, now i belong to higher salary group and getting my higher salary since jan-2009 which in sum would be more than 64,800 euros by the end of 2009. i want to apply for NE according to §19.
As this law is applicable since Jan-2009, so it makes no sense to take into consideration year-2008 salary statements.
Do you guys also think the same?


Yes. It does not make sense to show the salaries from 2008 because with them you don't fulfill the requirement in the law (63.600 Euro for 2008). The official wants to see in written form that you have fulfilled or you have to fulfill the requirement in the law in 2009. The requirement in the law is that all what you earn in your latest 12 months at your employer has to exceed the Beitragsbemessungsgrenze of the year. It is 64.800 Euro in 2009. No matter what you earn. Salary, extra bonus, Xmas bonus, holiday etc. Just sum up them. If you achieve the value above, then you have chances. Update: Or if you can prove that your monthly gross salary is 5400 Euro/month, then it is also ok.

tucoduco wrote:
Do you think that a letter for the company stating my annual income for year 2009 is more than enough ?

Yes. This is the only way to "convince" the officials, because Alien Office wants to see a written evidence. This will be like a contract in which it is stated in written form, signed by your employer, that your annual gross income will exceed 64.800 Euro for 2009, or that your monthly gross salary is 5400 Euro/month. If you can get such a letter/document from your employer, then you can have a chance to get this NE.

I have one friend, who has found a job, then come to Germany in January 2009 with a job contract, in which it is stated that her employer has hired for such a salary in which she gets more than 64.800 Euro per year. This is a written evidence for the officials. The officials gave her then this NE.

tucoduco wrote:
2. If for some reasons i am not able to apply for NE accordance to §19, which Visa is good for me with following,
-unbefristeter working contract
-married to an european girl


The correct form of your phrase "Unbefristeter working contract" is "unbefristeter Arbeitsvertag" in German (unlimited work contract in English). No matter if you have limited or unlimited job contract, you can lose your job anytime. Then you have no chance any more to apply this NE. You can then apply for the "regular NE", in which you prove that you have paid 60 months of pension fund (Rentenversicherung).

Marrying a European girl? You mean a woman with EU citizenship. Citizen From the older EU member countries like Germany, if you can get married with such a woman, then you can get NE in 3 years.

Klenze17.

klenze17

Member since 30.12.2004

 

Posted on 26.03.2009 16:52

Re: NE for highly skilled, anual salary >63000 Euro

@Klenze17:

by the way Klenze17, CONGRATULATIONS MAN!

I was very unpollaid.

Welcome to the club of the NEs. Now is time to start thinking in the next step isn't it?

You fought a lot for the Higly Skilled NE, I hope at least we were out to celebrate a little bit.

Enjoy your stay!

PS: by the way, even I had NE I followed your complete thread!

Regards

YO

YO1

Member since 17.11.2003

 

Posted on 26.03.2009 18:13

Re: NE for highly skilled, anual salary >63000 Euro

Hello Klenze17.

First of all I would like to thank you for guiding me and as far I can see you are kind enough to help other as well. We must applause all your effort for guidance.

I have few things to ask. Despite, I have gone through complete thread and read all information needed for NE accordingly §19.

Klenze17. wrote:

Yes. It does not make sense to show the salaries from 2008 because with them you don't fulfill the requirement in the law (63.600 Euro for 2008). The official wants to see in written form that you have fulfilled or you have to fulfill the requirement in the law in 2009. The requirement in the law is that all what you earn in your latest 12 months at your employer has to exceed the Beitragsbemessungsgrenze of the year. It is 64.800 Euro in 2009. No matter what you earn. Salary, extra bonus, Xmas bonus, holiday etc. Just sum up them. If you achieve the value above, then you have chances. Update: Or if you can prove that your monthly gross salary is 5400 Euro/month, then it is also ok.

Is there any reference in the written form that I would require latest 12 months salary? If yes please provide it. I think that every official person in Germany only believe WRITTEN TEXT and SOURCE OF INFORMATION. Nevertheless, I have counted my total income in latest 12 months which is more than 64,800 euros.

My employer has a problem to state the total amount of income for 2009 which is not given to me or taxed so far as nobody knows what comes next in coming few months.

Klenze17. wrote:
I have one friend, who has found a job, then come to Germany in January 2009 with a job contract, in which it is stated that her employer has hired for such a salary in which she gets more than 64.800 Euro per year. This is a written evidence for the officials. The officials gave her then this NE.


KVR Munich believes few requirements for NE accordingly §19.
- 5 years stay in Germany
- min amount of total income more than 64800 euros
- pre-scrutiny for 3-4 weeks before stamping NE
- certificate from the company about total income HOWEVER IT IS STILL UNCLEAR FOR LATEST LAST 12 MONTHS OR FOR THE COMING YEAR.
- Nothing else e.g. house contract, language requirement, insurance, etc.

Any idea if you are married a girl from the country which is a part of new EU for example Poland, Hungary, Bulgaria.
I heard something about Aufenthaltserlaubnis-EU. Is anyone has an idea?
Thanx in advance.

tucoduco

Member since 26.03.2009

 

Posted on 27.03.2009 15:25

Re: NE for highly skilled, anual salary >63000 Euro

tucoduco, below I have given several references to postings in this thread which answers all your questions. There are information spread in the thread which you have to bind like a lego to solve a problem. I did it for you. Therefore I am still in the opinion that the complete thread answers all of your questions.

tucoduco wrote:
Is there any reference in the written form that I would require latest 12 months salary? If yes please provide it. I think that every official person in Germany only believe WRITTEN TEXT and SOURCE OF INFORMATION. Nevertheless, I have counted my total income in latest 12 months which is more than 64,800 euros.

There is no reference for requirement of latest 12 months salary, but "common sense" is the reference which answers your question. This was my case and I have told my case in this thread. It depends upon your condition whether you would require latest 12 months salary or not. Choose which condition below suits you.

Condition 1. If you can show the official that you have such a job contract, in which it is stated in written form that your monthly salary is more than 5400 EUR/month for 2009, then you get this NE. This phrase "5400/EUR" is in the Anwendungshinweis des BMI (Recommendation from Ministry of Interior which helps the officials to interpret this law). The official in Hamburg has shown me this text. It is not on internet yet, but soon I hope.

Condition 2. If you can show the official that you have such a job contract, in which it is stated in written form that your annual gross salary is more than 64.800 EUR/year for 2009, then you must get this NE. There is an important note on this, which I had explained in following posting of this thread: http://www.trust7....alary_63000_euro__123

Condition 3. Even if you cannot show the official that you have such a job contract, in which either Condition 1 or Condition 2 are satisfied, you still have chance to get this NE, in which you can show your latest 12 month salary slips or 2008 annual gross salary, where it can be seen that you exceed 63.600 Euro (2008). This answers your question above. This was my case and I could convince the officials with this "technique" and I got the NE. I have explained in another posting in this thread how I did it: http://www.trust7....alary_63000_euro__116

This "technique" (or common sense or choose any other word you want) is not documented anywhere but it was "common sense" I told you above and officials accepted my "technique". There is an important note on this, which I had explained in following posting of this thread: http://www.trust7....alary_63000_euro__123

Condition 4. If none of the conditions above can be satisfied and if you think that your annual gross salary will achieve 64.800 EUR/year 2009 and you cannot prove it in written form, then you must wait until the end of 2009, when you can prove you did it. There is no other way.

tucoduco wrote:
My employer has a problem to state the total amount of income for 2009 which is not given to me or taxed so far as nobody knows what comes next in coming few months.

Of course. No private company on Earth can do such a thing. Then you must choose the Condition 3 I told you above. If you can show that you got 63.600 EUR/year for 2008, then you can get NE, in the same way I did. It would be phantastic if your annual salary you got 2008 exceeds even 64.800 Euro/year for 2009. Official might unknowingly see that your salary in 2008 might satisfy 2009 requirements. We have discussed this in following posting in this thread: http://www.trust7....salary_63000_euro__52

tucoduco wrote:
KVR Munich believes few requirements for NE accordingly §19.
- 5 years stay in Germany


Absolutely wrong. There is no such requirement in the law: http://www.aufenth.../aufenthaltsg.html#19 . Take a copy of it and show the official. Take me as an example. I am in Germany for 4 years and I got this NE.

- min amount of total income more than 64800 euros

This is yearly amount of "Beitragsbemessungsgrenze" of "Rentenversicherung" (upper bound of maximum pension fund contribution ( http://de.wikipedi...he_Rentenversicherung ) and it is also stated implicitly in the law text.

- pre-scrutiny for 3-4 weeks before stamping NE

Internal survey can be. But they cannot go to Arbeitsamt because of §3 BeschV ( http://www.aufenth...itel.de/beschv.html#3 ). They do not need approval from them. I had explained this in several postings of this thread:
1. http://www.trust7....salary_63000_euro__53
2. http://www.trust7....salary_63000_euro__78
3. http://www.trust7....alary_63000_euro__116

- certificate from the company about total income HOWEVER IT IS STILL UNCLEAR FOR LATEST LAST 12 MONTHS OR FOR THE COMING YEAR.

I have explained above.

- Nothing else e.g. house contract, language requirement, insurance, etc.

Usual stuff.

I have deleted the rest because it does not have to do with this thread. Please direct those questions in another thread.

Please let me know if there is anything which is still unclear for you.

Klenze17.

UPDATE: I added Condition 4.

klenze17

Member since 30.12.2004

 

Posted on 27.03.2009 15:44

Re: NE for highly skilled, anual salary >63000 Euro

thank you very much Klenze17.

I would definitely follow the instructions given and personally experienced by you.
You are right that a technique of showing latest last 12 month salary statements would definitely help.
Once again, your collection of technical informations and guidance given by you are worthy for all who are planning to apply for NE


tucoduco

Member since 26.03.2009

 

Posted on 27.03.2009 15:59

Re: NE for highly skilled, anual salary >63000 Euro

You are right that a technique of showing latest last 12 month salary statements would definitely help.

Definitely. Past data is a convincing reference for the official that you get similar salary in the future. If you cannot show a reference from past (if you cannot show 63.600 Euro/year in 2008) then the case will be Condition 4 in my previous posting. You have to wait until end of 2009 when you can prove you did 64.800/year for 2009. Period.

In my case I even showed my salaries from 2007, which I have proven that my salary is above 63.600 (2008) and 64.800 (2009), to be 110% safe. It was convincing enough. For more info, please read my posting in this thread: http://www.trust7....alary_63000_euro__116

Once again, your collection of technical informations and guidance given by you are worthy for all who are planning to apply for NE

I have given all technical data for this NE. It is very difficult to convince officials in Germany so that they give you this NE. I aged 4 officials, 1 manager for my case

YO1 wrote:
@Klenze17:

by the way Klenze17, CONGRATULATIONS MAN!


Thanks YO1. It is nice in life to see when you get what you want.

Klenze17.

klenze17

Member since 30.12.2004

 

Posted on 28.03.2009 10:36

Re: NE for highly skilled, anual salary >63000 Euro

This is an amazing thread.

My Brutto Gehalt for 2008 is 100 EUR short of 64K. I am confident that with the recent changes to my salary, my Brutto Gehalt for 2009 would be higher than 65K.

The questions I am pondering over are:

1. I satisfy the 2008 requirement and have proof for it through my Salary slips. But, for 2009, I still have to wait for the entire year to show that my Brutto satisfies the 2009 requirement. Am I eligible now to apply for the "Niederlassungserlaubnis fuer hochqualifizierte"?

2. Some people have noted in this thread that the HR confirmation regarding one's salary is necessary. Although my Brutto Gehalt including all my benefits (urlaubs geld+ Weihnachtsgeld) + other benefits is more than the 2008 requirement, the basic salary is short of ~64 k requirement. So, will the other benefits be considered?


I currently have BE visa.
I am in Munich.
I am a telecommunications specialist with Masters qualification in Engineering from German Hochschule.

Please comment and thanks in advance!

vintovin

Member since 28.09.2007

 

Posted on 28.03.2009 10:59

Re: NE for highly skilled, anual salary >63000 Euro

vintovin, your questions have been answered before. Please read the thread again. I have explained your case one by one in http://www.trust7....alary_63000_euro__138 . If you had read the thread carefully, you would have seen that my case is exactly the same as yours. Below the answers:

vintovin wrote:
My Brutto Gehalt for 2008 is 100 EUR short of 64K. I am confident that with the recent changes to my salary, my Brutto Gehalt for 2009 would be higher than 65K.

The questions I am pondering over are:

1. I satisfy the 2008 requirement and have proof for it through my Salary slips. But, for 2009, I still have to wait for the entire year to show that my Brutto satisfies the 2009 requirement. Am I eligible now to apply for the "Niederlassungserlaubnis fuer hochqualifizierte"?


Yes, you have changes. Read the posts below again. They answer your questions:
1. http://www.trust7....alary_63000_euro__138
2. http://www.trust7....alary_63000_euro__141

vintovin wrote:
2. Some people have noted in this thread that the HR confirmation regarding one's salary is necessary. Although my Brutto Gehalt including all my benefits (urlaubs geld+ Weihnachtsgeld) + other benefits is more than the 2008 requirement, the basic salary is short of ~64 k requirement. So, will the other benefits be considered?

Yes. Please read my posts again:
http://www.trust7....salary_63000_euro__61

http://www.trust7....alary_63000_euro__116

Eventually Lohnsteuerbescheinigungen will help you. Please read my post again:
http://www.trust7....alary_63000_euro__127

vintovin wrote:
I currently have BE visa.
I am in Munich.
I am a telecommunications specialist with Masters qualification in Engineering from German Hochschule.


Look at my qualifications. It is like yours:
http://www.trust7....alary_63000_euro__131

Please read again the thread carefully. It answers all of your questions.

Klenze17

klenze17

Member since 30.12.2004