Posted on 27/03/2009 3:25 pm

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.