You need to be logged in to get access to the forums. You can do so here.
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 01.06.2009 02:50
Re: NE for highly skilled, anual salary >63000 Euro
Hi cougar25,
Welcome to §19 Club!!
Many thanks for your compliment. I had seen that the procedure of this permit is very complicated. Therefore I thought I have to help other people. It makes me happy that we hear here success stories like you.
This permit is given very rare in Germany. Its formalities are made so difficult that this permit is comparable to citizenship application. Almost no official knows how its formalities are. I had shown their mistakes. Actually it had to be the other way. If the officials see their mistakes, they are angry and slow down the procedure more.
All of the cases told in this thread show that the formalities are very difficult and complicated. Actually German government intended to relax/speed up the procedure but it is unfortunately the other way and I am afraid it will be always like this. Nobody sees, no press news is aware what difficulties we had.
We are the most qualified people in Germany. We have shown extraordinary performance at work/institution in this country. Authorities must see that and simplify our life. This is the reality, my friends. We must tell media/press the challenges we had.
Klenze17.
klenze17
Member since 30.12.2004
Posted on 01.06.2009 10:19
Re: NE for highly skilled, anual salary >63000 Euro
Hi Klenze17,
You are absolutely right, I can't agree more with you on this. I know a few others who have got their NEs recently and it had been quite cumbersome and time consuming for almost everyone. Some even had to seek legal help to answer the queries from their respective Auslanderbehoerdes.
As you said this law is quite esoteric and only a few people know about it so far. I am sure there are many more qualified people in Germany who haven't landed on this site and this thread yet to understand that they are already eligible.
As I mentioned earlier, many people like me would have been clueless but for your very profound information here. What I find really great is that you did all the hard work and had the choice of keeping it to yourself or disseminating to the public and you chose the second and let a lot of us reap from your hard work. You certainly deserve a big appreciation for this great attitude!!
Let me know when you are coming to south Germany, I owe you a treat or at least some nice German beer!! 
cougar25
Member since 05.05.2009
Posted on 01.06.2009 22:47
Re: NE for highly skilled, anual salary >63000 Euro
Hi cougar25,
many thanks for your comments. You have pointed out very important thing. There are a lot of high qualified foreign people in Germany who are eligible for this permit but unaware of it. You are right, people must reach this site.
Like all other cases, we all foreigner think such things are very difficult process, we take too much time to trust other people, or face problems in the authorities. As chowman said, even the lawyers specialized in foreign law are unable to support us. The thumb rule is, despite all these trouble that you must fight, fight, fight; that is the only way to win what you deserve.
Cougar, please ask Detlef to give my email address. Due to security reasons I can not write it here.
Klenze17.
klenze17
Member since 30.12.2004
Posted on 06.06.2009 22:14
Re: NE for highly skilled, anual salary >63000 Euro
Dear Friends,
I m a regular reader of this thread and with the help of this thread i had applied for this NE on 4th June 09.
I will brief my case.
I m working for an Indian company here in Germany. I take care of European Operations here in Germany. I have 4 years of Experience in total with BE from India, and living in Germany for nearly 1 1/2 years.
The lady who received my papers told me that i have less experience and the rest everything is ok. She will inform me by Email regarding the status as soon as she gets confirmation from her superior.
Will this be a problem in my case of less experience ??
Your answers will be highly appreciated.
Prlamun
prlamun
Member since 30.01.2009
Posted on 07.06.2009 09:51
Re: NE for highly skilled, anual salary >63000 Euro
Prlamun wrote:
The lady who received my papers told me that i have less experience and the rest everything is ok. She will inform me by Email regarding the status as soon as she gets confirmation from her superior.
Will this be a problem in my case of less experience ??
Wait until you get an answer of rejection. My comments below are valid for a rejection.
In fact the law does not put constraints on this them. However officials interpret the law in such a way that you must have years of experience.
In my opinion you have chances. Following links are from the web page of state. I think there is no information that you have to be an experienced person.
http://www.bmas.de/portal/27318/
http://www.bmas.de...amm__fachkraefte.html
http://www.bmas.de...ramm__fachkraefte.pdf
Take these documents and go to the official and show them to him. Tell them these are state documents (all the links above are from State) and in case you did not find any information about experience requirement there, tell them there is no experience requirement and you are eligible to get this NE.
If the official still insists on rejection, then ask them to give you letter which states under which item they reject your application. You can use it to go to court. Don't tell the officials that you will go to court. Just tell them you will use the letter of rejection for further analysis. Also, do not mention the word "lawyer". Find a lawyer. You need Rechtschutzversicherung (law insurance) to get a lawyer in Germany. In Germany there is a wait period of 3 months to get the first lawyer after insurance has been signed. Later that show him that letter and the links above. He must tell you what you can do and what you can't do.
You have chances my friend but the procedure might be complex like above.
In my opinion they cannot reject your application. There is no such item in the law. But to get your right, you must fight weeks long, as you see above.
Good luck and tell us upcoming status.
Klenze17.
UPDATE: I have put an update item above, marked with bold.
klenze17
Member since 30.12.2004
Posted on 17.06.2009 07:57
Re: NE for highly skilled, anual salary >63000 Euro
Hi,
I have a Daueraufenthalt-EG attained through highly skilled status. (8 months short of normal NE)
Now, I have got a freelancing opportunity (6 -12 months) in the UK which requires leaving my current job and taking up this opportunity in the UK.
1. Would taking up freelancing in UK have any impact on my Daueraufenthalt-EG?
2. Any other suggestions on how to handle this situation better?
Thank you!
vintovin
Member since 28.09.2007
Posted on 18.06.2009 12:12
Re: NE for highly skilled, anual salary >63000 Euro
Hi Klenze,
I got a rejected letter today with the following text..
----------------
Anhoerung nach § 28 landesverwaltungverfahrensgesetz
Es ist beabsichtigt, ihren antrag auf erteilung einer niederlassungserlaubnis abzulehnen.
Sie Erhalten hiermit gelgenheit,sich bis spaetestens 02.juli 2009
Zu der beabsichtigten massnahme und den entscheidungserheblichen tatsachen zu aeussern. Sollten wir bis dahin nichts von ihnen hoeren,sowird nach aktenlage enstschieden.
Zu ihren information und zur naeheren erlaeuterung werden nachfolgend die gruende fuer die beabsichtigte massnahme kurz in stichworten angegeben.
Einem hoch qualifizierten auslaender kann gemaess § 19 Abs 1 AufenthG in besonderen Faellen eine NE erteilt werden. Bold Hoch qualifizierte sind laut §19 Abs 2 Nr.3 AufenthG Spezialisten und leitende angestellte mit besonderer berufserfahrung , die ein gehalt in hoehe von mindestens dem doppelten der beitragsbemessungsgrenze der gesetzlichen krankenversicherung erhalten.
Zwar erfuellen sie mit ihren gehalt die finanzielle voraussetzung ,jedoch ist in ihren fall keine besondere berufserfahrung ersichtlich.
Des weiteren verfuegen sie laut den uns vorgelegten unterlagen nicht ueber kenntnisse,die weit ueber die durchschnittlichen kenntnisse eines universitaetsabsolventen ihres alters und mit ihren berufserfahrung hinausreichen.
----------------------
I checked with our company lawyer and he said he will check in his library and discuss with foreign lawyers and get back to me.
But as per the law it is mentioned as "Hoch qualifizierte sind laut §19 Abs 2 Nr.3 AufenthG Spezialisten und leitende angestellte mit besonderer berufserfahrung" which calls for specialization and experience.
We are planning to send a letter to Auslaenderbehorde next week indicating my other qualifications and we are hoping the best.
Klenze, do you think still i have a chance.
Regards
Prlamun
prlamun
Member since 30.01.2009
Posted on 20.06.2009 03:49
Re: NE for highly skilled, anual salary >63000 Euro
Hi Prlamun,
this is difficult situation. Unlimited permit for High-skilled people are given to the people with competent work experience or extraordinary performance/skills. If you cannot show first one, then they can ask you to show them extraordinary skills, like paper or patent.
Prlamun wrote:
I got a rejected letter today with the following text..
----------------
Anhoerung nach § 28 landesverwaltungverfahrensgesetz
Es ist beabsichtigt, ihren antrag auf erteilung einer niederlassungserlaubnis abzulehnen.
This is not rejection. They have not decided yet. They have given you a chance to give an answer to them, so that it will ease their decision.
I have seen a similar case by one my friends in Hamburg. He got similar answer. However his difference is he is a very experienced person (a manager) and he will get the permit with very high probability.
Prlamun wrote:
Sie Erhalten hiermit gelgenheit,sich bis spaetestens 02.juli 2009 Zu der beabsichtigten massnahme und den entscheidungserheblichen tatsachen zu aeussern. Sollten wir bis dahin nichts von ihnen hoeren,sowird nach aktenlage enstschieden.
You must give them a written answer to the mentioned deadline to convince them, otherwise they will make a decision, which will probably be a rejection.
Prlamun wrote:
Zwar erfuellen sie mit ihren gehalt die finanzielle voraussetzung ,jedoch ist in ihren fall keine besondere berufserfahrung ersichtlich.
They did not find you experienced.
Prlamun wrote:
Des weiteren verfuegen sie laut den uns vorgelegten unterlagen nicht ueber kenntnisse,die weit ueber die durchschnittlichen kenntnisse eines universitaetsabsolventen ihres alters und mit ihren berufserfahrung hinausreichen.
They think you are not "old" and experienced.
Prlamun wrote:
I checked with our company lawyer and he said he will check in his library and discuss with foreign lawyers and get back to me.
But as per the law it is mentioned as "Hoch qualifizierte sind laut §19 Abs 2 Nr.3 AufenthG Spezialisten und leitende angestellte mit besonderer berufserfahrung" which calls for specialization and experience.
We are planning to send a letter to Auslaenderbehorde next week indicating my other qualifications and we are hoping the best.
Your lawyer must find a formulation in written form that your work experience skills match high-qualification. For example if you can get a letter from your employer that you have extraordinary skills (you are very high-qualified, you got prizes, you have shown extra ordinary performance) then it is possible to get this permit.
Otherwise it is practically to be rejected.
I am sorry, but this is the reality.
Klenze17.
klenze17
Member since 30.12.2004
Posted on 20.06.2009 08:57
Re: NE for highly skilled, anual salary >63000 Euro
Prlamun,
How many years of experience you have (in total and in Germany) ?
What is the present role in your company ?
truster
Member since 26.06.2008
Posted on 20.06.2009 11:57
Re: NE for highly skilled, anual salary >63000 Euro
truster wrote:
How many years of experience you have (in total and in Germany) ?
What is the present role in your company ?
Please read the previous posts. Prlamun alrady mentioned his experience:
http://trust7.com/...alary_63000_euro__176
4 years of work experience, 1,5 of which is in Germany does not seem to be enough for them. Even though there is no such restrictions in the law, "specialist" or "leite angestellte mit besonderer erfahrung" ( http://www.aufenth.../aufenthaltsg.html#19 ) are interpreted by the officials as though you must have several years of experience or you must have extraordinary skills, as I mentioned above.
I would recommend to talk with your lawyer.
Klenze17.
klenze17
Member since 30.12.2004