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Niederlassungerlaubnis
Posted on 05/10/2009 3:53 pm
Niederlassungerlaubnis
Hi
I am working as PostDoc and have Niederlassungerlaubnis (paragraph 19) since last month. I have been Germany since 2004. Now I have an offer to join R&D labs of a company in Zurick for 2 years. My status in the company will be visiting scientist. The salary of this job will be paid by my home country and after this training I have to come back to my country and work for some years. For your information I am planning to apply for the passport after 1.5 after attending the intergation course.
I have 2 related questions:
Is it right that to retain the Niederlassungerlaubnis I have to keep my registration and my appartment in Germany? In addition I have to pay taxes from my salary?
And if this correct, this means that it will be no problem for me to apply for the passport? because I heard that when I apply for the passport I have to show that I paid already taxes for the last three months.
I would appreciate your feedback.
kkalil
Member since 05/10/2009
Posted on 11/10/2009 11:25 pm
Re: Niederlassungerlaubnis
Take a look at § 12b (1) and (3) (http://www.aufenthaltstitel.de/stag.html), it might apply to you.
Now, take into account that laws and regulations can and do change (sometimes for the better and sometimes for the worse), if you want to have absolute peace of mind probably the best is to talk to a lawyer, to get a written opinion from the ABH, once its in writing it will (in the normal case) have to be upheld.
A newly started company will only give you credibility when it has been operating regularly for some time, as the requirements for self-employed are usually more complicated than for regular employees when it comes to citizenship applications.
Regards,
-a
aalvarez
Member since 09/01/2004
Posted on 28/10/2009 11:24 pm
Niederlassungerlaubnis
Hallo,
6 months back I got NE with rule 19 (highly qualified professional). But now my salary is downgraged, 400€ less specified in rule 19. Recently I went to visa department for extention of my wife Visa. For that they verified my new income certificate and said the amount was downgraded, so they want to remove the NE stamping.
Is there a rule like that?
Then yes, what is the purpose of NE?
And the person with Visa NE, can do a freelancing?
Please provide us your kind responces at the earliest.
rao007
Member since 28/10/2009
Posted on 29/10/2009 1:12 am
Re: Niederlassungerlaubnis
>>But now my salary is downgraged, 400€ less specified in rule 19.
Why was it downgraded and is it 400 Euro/Month?
>>Recently I went to visa department for extention of my wife Visa. For that they verified my new income certificate and said the amount was downgraded, so they want to remove the NE stamping.
Is there a rule like that?
Yes, they can take back the NE if they come to the understanding that the NE was acquired by false means. In your case they doubt that you and your employer had a understanding that your salary will be artificially high(64,800) until you got ur NE and then fall back to the "real" salary of 60,000Eur
>>Then yes, what is the purpose of NE?
Exactly to prevent fraud.
>>And the person with Visa NE, can do a freelancing?
Yes
Better consult a lawyer with Auslanderrecht.
raj
Member since 27/01/2004
Posted on 29/10/2009 7:22 am
Re: Niederlassungerlaubnis
Hi,
May Salary from 2008 still mid of 2009 was 65000€. But in 2009, depending upon market fluctuvations, it was changed to 63600€.
And NE boundary was 64000€. Thats why i said, it is downgraded to 400€.
How come this is a fraud?
But Employer was not informed about my NE status either at the application stage or in enquiry stage. After stamping only, I informed my Employer.
Actually at the time of my NE application, AA person is not willing to takeup. So, I made a pressure to take that application and get the NE stamped. From that onwards she is very angry at me and taking everything as personal.
Offcource the city where I live has only limited foriegners. AA person knows each and every one by name.
rao007
Member since 28/10/2009
Posted on 29/10/2009 9:57 am
Re: Niederlassungerlaubnis
>>May Salary from 2008 still mid of 2009 was 65000€. But in 2009, depending upon market fluctuvations, it was changed to 63600€.
Do you have a basic + variable model salary?
Otherwise how to explain the salary reduction of 130 Euros per month for a high earning member due to fluctuations!
>>How come this is a fraud?
I just explained you the scenario running in the lady's mind. Doesnt mean you had done it for sure.
>>Actually at the time of my NE application, AA person is not willing to takeup. So, I made a pressure to take that application and get the NE stamped. From that onwards she is very angry at me and taking everything as personal.
As i said, if at all the lady sends a letter to take away your NE, contact a lawyer immediately.
raj
Member since 27/01/2004
Posted on 29/10/2009 7:59 pm
Re: Niederlassungerlaubnis
There is no variable pay. It is a Organisational level decision to make % cut on each and every employee. This cut was happened for all the employees.
We have got a revision letter also for the same.
rao007
Member since 28/10/2009
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