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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 23.04.2009 12:28
Re: NE for highly skilled, anual salary >63000 Euro
Hello tucoduco,
A huge CONGRATS for your NE. If you don't mind, could you tell me wherefrom did you apply? As I see, application of this new rule is seemingly different at different provinces 
.
Regards.
Analphabeten
Member since 27.02.2009
Posted on 23.04.2009 12:53
Re: NE for highly skilled, anual salary >63000 Euro
Hello Analphabeten
I have gone through this process in Bayern-München.
It's true that interpretation of Law as well as requirements are variable depending on region where you apply.
tucoduco
Member since 26.03.2009
Posted on 23.04.2009 21:07
Re: NE for highly skilled, anual salary >63000 Euro
tucoduco, congratulations! Welcome to §19 club!! It makes me happy if I could help you.
tucoduco wrote:
In my case it was asked to testify my total income for 2009. My employer has to show a certificate of my foreseen income of year 2009 which is more than 64,800 euros. It was totally acceptable.
It is very rare in the world that an employer states in written form that it will pay some amount of money 12 months in advance. Usually no employer does that because this also implicitly means that they have to employ you. This binds employers usually. Even if you are a good employer, companies usually do not do such a thing. If they have done it for you and drove your whole process, either you are a very good employee or it is really a miracle (at least for me)! And in such a crisis!
One point to mention is that if for some reason your employer terminates your contract in 2009, then you might not be able to fulfill what employer promised in written form (that you will get 64,800 Euro in 2009). In this case the law item AufenthG §55 1a might be recognized by local authorities ( http://www.aufenth.../aufenthaltsg.html#55 ):
(1) Ein Ausländer kann ausgewiesen werden, wenn sein Aufenthalt die öffentliche Sicherheit und Ordnung oder sonstige erhebliche Interessen der Bundesrepublik Deutschland beeinträchtigt.
(2) Ein Ausländer kann nach Absatz 1 insbesondere ausgewiesen werden, wenn er
...
1a. gegenüber einem Arbeitgeber falsche oder unvollständige Angaben bei Abschluss eines Arbeitsvertrages gemacht und dadurch eine Niederlassungserlaubnis § 19 Abs. 2 Nr. 3 erhalten hat.
I wish that no problems would occur related this. If you keep your job the whole year 2009 then everything will be fine.
Congratulations my friend. I wish you success and joy in your life.
Klenze17.
klenze17
Member since 30.12.2004
Posted on 23.04.2009 21:29
NE under $19 AufenthG - EG?
Dear Herr Detlef and Others,
I received the NE under $19 AufenthG, this week. When I asked for 'Daueraufenthalt - EG', AuslanderBehorde peron said, my German is not good enough. My question is:
1.Is there any difference between NE under $19 AufenthG (Hoch Qualifier) and normal NE?
2. I am told that normal NE holder automatically also gets 'Daueraufenthalt - EG'.
Any suggestion would be of great help and I thnak you in advance.
With Best Regards,
Mahesh
MaheshKumar
Member since 23.04.2009
Posted on 24.04.2009 10:24
Re: NE for highly skilled, anual salary >63000 Euro
Thank you Klenze17.
Klenze17 wrote: It is very rare in the world that an employer states in written form that it will pay some amount of money 12 months in advance. Usually no employer does that because this also implicitly means that they have to employ you.
As we all know that this law is not explicitly states a way how to calculate total income for an employee. It can be,
-> salary statements for last 12 months
(It is the most reasonable and authentic proof. However, it also includes few salaries from year 2008 when minimum total income for NE § 19 was much more than 64,000. Accordingly new law since Jan-2009, the minimum total income for year 2009 must be more than 64,800 euros. Now it is upto local authorities how they would like to accept the situation.)
-> a certificate showing a proof of your expected total income for year 2009
(Klenze17 wrote: This binds employers usually. Even if you are a good employer, companies usually do not do such a thing. If they have done it for you and drove your whole process, either you are a very good employee or it is really a miracle (at least for me)! And in such a crisis!
With unbefristet vertrag company (especially giant one) atleast commits for long term (God knows better) which also gives them a reason to do something for employees. )
Klenze17 wrote: One point to mention is that if for some reason your employer terminates your contract in 2009, then you might not be able to fulfill what employer promised in written form (that you will get 64,800 Euro in 2009).
If I counts my total income for last 12 months from Apr-2008 to Apr-2009, its more than 64,800 euros. It has already fulfilled the criteria for year 2009.
Klenze17 wrote:
(2) Ein Ausländer kann nach Absatz 1 insbesondere ausgewiesen werden, wenn er ...
1a. gegenüber einem Arbeitgeber falsche oder unvollständige Angaben bei Abschluss eines Arbeitsvertrages gemacht und dadurch eine Niederlassungserlaubnis § 19 Abs. 2 Nr. 3 erhalten hat.
I am sure that a giant reputed company (my case) would definitely have taken into consideration this fact along with local authorities.
I would be interested to know what happens, if a company undergoes kurzarbeit and you would be able to get less amount of money compared to 64,800 euros by the end of this year. Would local authority get a chance to ask you to show your total income more than 64,800 euros?
cheers
tucoduco
Member since 26.03.2009
Posted on 04.05.2009 12:22
Re: NE for highly skilled, anual salary >63000 Euro
Hi everyone and Klenze,
Thanks for the great help. After 3-weeks of waiting for NE for Höchqualifizierte, today I got Daueraufenthalt EG with reference to §9a.
My understanding of DauerAufenthalt is this is German NE+Genehmigung for other European nations. I requested this by chance and they gave me this without much fuss. I would have to pay 200 EUR for NE but for Daueraufenthalt I only had to pay 85 EUR.
Could anyone tell me whether there are some drawbacks with Daueraufentahlt vis-a-vis NE.
I applied at München KVR.
vintovin
Member since 28.09.2007
Posted on 04.05.2009 15:28
Re: NE for highly skilled, anual salary >63000 Euro
@ vintovin
First of all Congratulation on getting Daueraufenthalt-EG.
You do not have any disadvantages instead you have advantages, like:
- You can work in EU countries expect few countries
- You can stay up to 12 months out of Germany
So you are lucky you got this.
UMTS11
Member since 02.02.2006
Posted on 04.05.2009 20:38
Re: NE for highly skilled, anual salary >63000 Euro
Hi vintovin,
congratulations my friend. Daueraufenthalt-EG is much better than NE wrt AufenthG §19, it is the highest level of permit you can get ever, before German citizenship. So the formula is:
normal permit < BE < EG < NE(all) < Daueraufenthalt-EG < citizenship
As UMTS11 also addressed, it has more advantages than the regular NEs.
Apart from 12-months threshold, the list of countries where you can stay and work with Daueraufenthalt-EG is here:
http://eur-lex.eur...LEX:72003L0109:EN:NOT
Denmark, England and Ireland are out of this. Spain still has not signed the Council Directive 2003/109/EC (Daueraufenthalt-EG), so the only country I know where you cannot work is Spain at the moment.
Klenze17.
klenze17
Member since 30.12.2004
Posted on 04.05.2009 21:23
Re: NE for highly skilled, anual salary >63000 Euro
Hi,
@Klenze - Thanks for the information. Sounds really good!
@UMTS11 - I think the difference is, you cannot stay outside of EU fore more than 12 months but outside Germany inside EU, the stay is unlimited.
http://www.muenche...dne/262876/index.html
Mit diesem Aufenthaltstitel erlangen Sie die Rechtsstellung eines langfristig Aufenthaltsberechtigten und können sich unter erleichterten Bedingungen in der EU (mit Ausnahme von Irland, Dänemark und dem Vereinigten Königreich), aufhalten und niederlassen.
vintovin
Member since 28.09.2007
Posted on 31.05.2009 21:03
Re: NE for highly skilled, anual salary >63000 Euro
Hello!!
First of all thanks to Klenze and everyone else who have meaningfully contributed in this thread. I have been a silent spectator so far in this very resourceful thread and (the whole website in general).
I have got the NE under rule 19 recently. It took a really long time (> 3 months) in my case. Thanks to my landratsamt for sitting on it forever! however finally went through without any hassle.
Again, special thanks to Klenze!! but for you a lot of us wouldn't have even come to know about this rule!! keep up the great work 
cheers!!
cougar25
Member since 05.05.2009
