Posted on 16.03.2009 18:37

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

Hi folks,

afternoon I have finally got this NE wrt. §19.2.3 (Niederlassungserlaubnis für Hochqualifizierte).

It took for me 2 months to get this permit, because:
1. waited 2 weeks that my registration documents were transferred from the other local authority (because I had moved to another place in the city)
2. official did not know that there is no need for Arbeitsamt to give approval because of §3 BeschV. This took 2 weeks for the official to get this fact. I had informed them that it is so.
3. I have made an application. They said that the cover of my passport was destroyed so I needed to renew my passport. Also they have asked me to bring a confirmation from my current employer that I am "specialist" and "high-qualified person". Because of some internal formalities in the company, tt took 1 month to get this writing for me.
4. Today I have finally shown the Alien Office all these documents. The official took these and then looked at Anwendungshinweis of BMI (additional document from Ministry of Interior which helps the officials to interpret the law easier) and she has seen that my min. monthly brutto salary shall be 5400 euro/month. That was not my case but my yearly annual bruto of 2007 and 2008 income fulfilled the requirements stated in the law. She was confused and talked with her manager. Her manager confirmed that my annual brutto income fulfills the requirement in the law.

After I have paid 200 Euro and got the NE.

As you can see, that the interpretation of the law according to Anwendungshinweis des BMI is very problematic. Despite all these they cannot refuse the application because the law does not mention the monthly salary. Therefore the Anwendungshinweis causes mis-interpretation of the law.

I am also in the club of AufenthG §19!!

Wish everyone good luck and patience who wants to apply for this NE.

Klenze17.