Visa and residency permit, change of conditions

Good Day Everyone,

I would really appreciate your help in case you have been in a similar condition or are informed on the matter.

Original Situation:

- I work for a German company in US and been sent to Germany for a two year assignment as part of the "International Personalaustausch programme."
- Under this agreement, I was being paid most of my salary in Germany and therefore paying income taxes and social taxes on it.
- I was given a connected residency permit/ Work permit for 25 months expiring on 31.03.2008.

Situation Development:

- My contract ended with the GmbH on 29.022008 with Residency permit valid through 31.03.2008.
- I was supposed to go back to US to start a new position with same company. Problem arose that my US Work visa is taking too long to be processed at the consulate and was not able to go back (visa still unfinished.)

- In order to keep damages to a minimum, we managed to extend the residency permit for an additional 6 months (on the last day of validity) under a new premise: Staying in Germany to wait for the US visa and work for the US side under a Short-term assignment.

- Residency permit was extended and it is continuous with prior one.

- Difference is that under the short-term assignment my salary is based in the US and I am not paying any German taxes since beginining of March.

- I was always registered under the same adress for the whole period and still (2 years +)

Further Development in Situation:

- Now I am being offered an unlimited German contract to stay in Germany and work at my old department if the visa does not come by end of month.

My questions is :

- Once I get the German contract, would my residency be considered uninterupted? and can therefore later on get the unlimited residency/ unlimited work permit with the previously spent time counting towards the total needed period?
- Or will it be considered a different status and the time spent does not count?

I hope that my situation is not too complicated.

Thanks in advance for your answers!

your original visa expired, so it will not count even if it's just one day. However, get a good lawyer and the Ausländerbehörde becomes just so much more cooperative when confronted with a capable lawyer.

good luck

It takes 5yrs or more of working in Germany and paying into the social system before you can get the unlimited permit.
As you were paying taxes, since you came to Germany, then I don't think you'll have a prob. as even if your contract changed
temporarily, you never left Germany and continue to work with the same company.

The thing to remember when going for the unlimited permit is to keep and bring every piece of paper, every permit and every
work contract you were given since you got here. As long as you can show valid continuous permits for your entire time here
you shouldn't have a problem when the time comes.




The permit never lapsed. It was renewed on the last possible day. Not the day after..

Hello Bethany,

Thanks for taking the time to answer.
The thing we managed to extend the residency permit on the last day:

- Expiry date was 31.03.2008 and the new extension is also dated 31.03.2008.

Does this influence your answer?

Thanks for the wishes

Thanks for your reply Darkknight,

- It is true I paid taxes into the social system for 2 years, but since the terms of my contract changed (01.03.2008) I am not paying anymore as my salary is being planned and paid in US.

- So since 01.03.2008 I am not paying any taxes in Germany, only in the US.

Does this affect the situation?

You still have a valid work permit.. You shouldn't have a problem. If you do, this is why you keep all you paperwork and take it with you to the
Ausländerbehörde when the time comes. Don't Volunteer info. Only answer the questions they ask and keep your answers short and to the point.

Thanks again Darkknight,

I will keep that in mind.

Have a great long weekend guys.

Cheers!

Good Evening,

As an update to the situation, I was offered the unlimited contract which I of course grinned and accepted.
The personnel department mentioned that they will start the process of applying for an unlimited residency permit.
To me this came as a surprise because I thought this is only possible after 5 years of paying taxes into the system.

Is this even remotely possible? and under which circumstance can this be applicable?

Do not get me wrong, I would really like it to work, but if not then what are my options.

PS: I have been in Germany since 03.2006 and paid into the system for 2 years.

Thanks for all comments!

sorry, accidental post

IMHO if you are resident in Germany you are liable to pay taxes in your country of residence ie Germany...

Also i beleive the 5 year ruling is for E.U. ciztizens.Not sure on this one though but i know it is for E.U. citizens