Work permit shortcut for highly qualified workers

Hello,

I'm an electrophysiologist working in Hannover. I recently found out that, as of 2005, it is possible to bypass the temporary work permit (Aufenthaltserlaubnis) and get a residence permit (Niederlassungserlaubnis) if you are a highly qualified scientist (seems like teachers too).

Highly qualified visa info here (english)
Niederlassungserlaubnis für Hochqualifizierte

Note that "highly qualified" is a very loose term and I'm not sure what it boils down to. I'm kind of hoping that, being an engineer that develops brain implants, I qualify, but we'll see.

A colleague called the immigration office today for me and they said it was "a very difficult process" and that, although many people request it, not many get it. Apparently I need to show that me staying in Germany is of more benefit to Germany than it is to me, which is understandable. Anyway, I was told to fill out the paperwork accompanied by a letter explaining my "high qualifications". Then (get this) the person at the immigration office decides whether my claim to fame is valid, and gives the permit or denies it *snort*.

I'll make sure to wear a tie the day I go in, obviously it's a subjective judgment call, but other than that it seems I'm at the mercy of some dumb twit who probably doesn't know the difference between his butt and a hole in the ground, I'd say.

Anyway, does anyone have experience with this process? Any tips or comments?

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KT

*edit: according to a page I just found, it's called a settlement permit, not a residence permit.

It says "if you are a highly qualified scientist". Ya true, but does it say anything about the success rate?

Your salary also helps, in case it is higher than 84K euro per year.

With your attitude you probably will not get anything from the AB/KVR.

Long-haul: agreed... not much for information as to who qualifies or the procedure itself.
trudering: I work for the medical university, so salary is pretty low compared to industry, but I ge tto work cutting edge, so it's worth the trade off =)
and Krieg: Sorry if I came off condescending, I just find it so very "government like" that it be someone non-scientific that decides how qualified another person is. Nothing against german bureaucracy... it's against bureaucracy as a whole!

Cheers,
KT

Take my comment more like an advise, unfortunately you will have to play their game.

Before I got my NE I got pissed that sometimes I got my extension for only 1 year and other people got it for 2 or 3 years, based only on how much the Beamter likes you.

Long story as short as possible -- my husband has an American passport, was raised/lived in Germany until he was 28 at which time we met, married and moved to NYC. We were there for four years, thereby voiding his unrestricted work/residence permits. He was offered a big promotion if we moved back to the Germany and back we came. We went through the whole procedure of the work/residence permits again and were granted the standard ones (I as an accompanying spouse).

Another transfer to a partner company, another raise and we were ready to buy a house. To obtain the mortgage, he needed an unlimited residence/work permit. Having read here about the "highly qualified" express route to freedom, I was aware it existed. Though his salary wasn't high enough when we first arrived, a year later it was.

As it was vital that we not mess around, we went to an attorney who pointed out that the intent of the permit was not for those who had BEEN living in Germany, however did not exclude it and was willing to give it a go. My husband was approved and off we went to get our new visas -- part of the law being that I would be granted an unlimited residence/unrestricted work permit, too, as the qualifying spouse.

Though both permits had been previously approved (due to the work with the lawyer), the beamter helping us had a general issue with granting ANYONE a permit as a "highly qualified" person, arguing that nothing would prevent said person from receiving the permit, then quitting their job and becoming a burden to society. My husband basically had to assure her that it was his intention to keep his job to pay for the house that we were trying to buy once she issued the permits.

In the end, he was granted both; I was granted an unlimited residence permit, but she opted to give me an unrestricted work permit only until the expiration date of my passport.

We had to prove his income, had a glowing letter from his employer stating that my husband was a most excellent employee, had an attorney smooth the way for us and facilitate the approval.

Keep in mind, my husband was raised in Germany so, other than the American passport (dad's American, mother's German), he's basically "one of them", so the beamters typically love him -- no broken German, requests to speak English, translators, not to mention they already have records on him going back to his childhood. Even with all of that, once we were in her office, it still wasn't a slam dunk; though for us the process wasn't either too painful or difficult.

Cool, Holzhaus, thanks for the reply. Very informative. I actually have my doubts as to whether I will be granted the permit. I doubt I will actually, but that's not going to stop me from trying! The immigration offices here seem to be quite resistive, but in part I understand it. Germany does have a very nice social benefits package! Better even that our back in Canada.

Cheers,
KT

I got an unlimited work permit first time, using an immigration lawyer. Immigration clerk said it was because of the salary, which is consistent with trudering_indian's comments. Maybe I got lucky.