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NE for highly skilled, anual salary >63000 Euro
Posted on 13/01/2007 9:29 am
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 25/02/2009 11:54 pm
Re: NE for highly skilled, anual salary >63000 Euro
Hallo,
My pay is more than 67000 per anum and I am working in germany from last 4 years and 4 months. Today I went to the visa office for requesting the NE by this rule. I took "DA-Aufenthaltsgesetz.pdf" with me as well.
They said my current visa is issued with only depending on the company by according to the paragraph 9. So, I am not elisible for this. Then I asked to show paragraph 9 in the above pdf. They looked and said it is not there in the above PDF.
But In my visa, I didn't find paragraph 9 any where. The following are the contents inside my visa,
"
ART des titels AUFENTHALTSERLAUBNIS
anmerkung § 18 AufenthG
Beschäftigung gemäß § 27 Beschv gestattet. Selbständige oder vergleichbar unselbständige Tätigkeit nicht gestattet
aufenthaltserlaubnis erlischt bei Aufgabe der Beschäftigung bei der Fa. XXXX in city als IT-Fachkraft.
Sonstige Beschäftigung nur mit vorheriger Zustimmung der Ausländerbehörde gestattet.
"
And they said, if I finished 5 years and cleared the "Orientierungkurs" then only I am eligible for NE it seems.
I asked at lease to remove the company name in my visa as I am staying here from last 4 years. They said, that is also not possible.
Only if I come with another company offer letter, then they will change the company name in the visa it seems.(they won't agreed to remove the name as such).
Can any one please suggest me whether I can do any further steps to get NE or removing the company name in my visa?
tani007
Member since 25/02/2009
Posted on 26/02/2009 10:16 am
Re: NE for highly skilled, anual salary >63000 Euro
Hi Tani007,
first of all, congratulation for your salary.
Second, they told you absolutely s..t! You have now a very bad visa (the same I had). You could have deleted the company name after 2/3 years here in Germany, no matter what ABH have told you.
You can NOW get your NE. Read this thread carefully and eventually contact those guys which already got the NE for high salaries.
If not, you can contact the lawyers named in this forum and surely they will get all done for you.
Regards
YO
YO1
Member since 17/11/2003
Posted on 26/02/2009 11:27 am
Re: NE for highly skilled, anual salary >63000 Euro
As YO1 said, you have been take for a ride by the Beamter regarding the company name. Try searching for BE or Beschaftigung erlaubt and you will find also the respective law section. Throw the book back at them. Regarding NE, you have to do the Orientierung course.
raj
Member since 27/01/2004
Posted on 26/02/2009 7:54 pm
Re: NE for highly skilled, anual salary >63000 Euro
Hi Raj/Others!
My contract is extended each 3 months.
Ulmer001
Member since 15/05/2006
Posted on 26/02/2009 11:37 pm
Re: NE for highly skilled, anual salary >63000 Euro
Hi tani007,
Yes, you have been taken for a ride and given a lot of bull s..t from the beamter. I changed my permit and got it not attached to my employer after 2 years.(That is the law)
Then using the new law, just applied for the NE last week. But as all the others have posted here, it really depends on the beamter. If nothing really works, then you really need to get a lawyer to help you get the stuff done.
singaman
Member since 19/02/2009
Posted on 28/02/2009 9:14 am
Re: NE for highly skilled, anual salary >63000 Euro
I recently got my NE for highly skilled. I gave them a copy of my last 3 months of salary, my work contract, my rental contract, and a certificate from my employer stating my annual salary. In addition I also gave them a copy of my last year's income statement.
There was a question here asking about whether the salary includes the urlaubsgelt and christmas bonus (i.e. if you have a 13.2 month contract). My salary is above the limit when it is 13.2 months, and below when it does not include these urlaub and christmas gelt.
As a reference, I work for a tech company and doing R&D work.
It took me about 2 weeks to get the NE.
Interestingly, I consulted an immigration lawyer about my qualification before I applied and he told me that in addition to the salary, I should be able to show the authorities I am managing a group of maybe 5 people in the German company I work for as a second requirement. He said that these are the 2 criteria that should be fulfilled, and the chances of me getting this NE is tough.
I went ahead anyway without a lawyer since I thought the second criteria is not the only way to prove one is highly skilled, and I felt working in the R&D group of the company is a proof enough to qualify me as highly skilled in addition to my years of experience and educational background.
I wanted to share this information as my way of giving back to this very helpful site where I got a lot of information about the NE.
chowman
Member since 28/02/2009
Posted on 28/02/2009 11:25 pm
Re: NE for highly skilled, anual salary >63000 Euro
Dear Friend (chowman),
Thanks for sharing the nice information.
Can you please answer the following questions,
Have you taken Orientierungkurse before requesting NE?
Approximately what date you started the process and when you got NE stamping finally?
Which state you are located in Germany?
When you approached first time to visa office (for NE), Is beamter understood this rule without any complications?
How long have you been in Germany?
And also if you don't mind, can you tell me the visa name which you have earlier (means before NE)?
Sorry for asking such a big list of questions.
Thanks in advance.
tani007
Member since 25/02/2009
Posted on 01/03/2009 8:09 am
Re: NE for highly skilled, anual salary >63000 Euro
Ive been here for more than 2 years. Last year I still had my work permit tied to the company, so I went to the auslanderamt this year to have the tie-up with the company removed. I forgot the name of this kind of permit which is only permissible when you have been paying taxes for about 24 months. I went to the auslander office early this year to apply for the change.
Then I heard there was a change in the law regarding the NE, so after 2 weeks (that was already late January) I was back in the Auslanderamt to claim my newly changed permit, and took to the opportunity to inquire about the change in the law on NE for highly skilled. I showed to them a printout where it says about the 63K something. The lady initially told me you can apply for that maybe later when I renew my permit (that is late this year), perhaps because she knows my permit has recently been changed. But she did mention I could apply for that if I think I qualify. She gave me a NE application form where it contains all the necessary documents.
After 2 weeks, I came back with all the documents that I mentioned and gave my form to her. They asked me to come back within 2 weeks (that is their standard lead time for processing). And it was approved in time.
I didn't do any orientation course ever since I came here, was never asked to have one. But I am taking up Deutsch lessons though, and everytime I go and talk to the people in the foreigners office I try to speak to them in Deutsch. I dont know if it has any bearing on their decision, but at least I know the rule does not require one to have the orientation course.
I am staying here in BW by the way.
chowman
Member since 28/02/2009
Posted on 04/03/2009 1:11 pm
Conditions for NE
Hi All,
Can anybody enlighten me about the conditions for the NE to remain valid? Can I leave Germany and my job and residence here and still have my NE valid? Or there are such rules that one needs to have a registered address here for NE to be valid or one needs to keep visiting Germany once every 6 months in order to keep it valid?
Thanks in anticipation for your help.
agtrust7
Member since 19/01/2009
Posted on 04/03/2009 1:26 pm
Re: NE for highly skilled, anual salary >63000 Euro
http://www.muenche...tel/120398/index.html
http://www.frag-ei...laubnis-__f55825.html
raj
Member since 27/01/2004