Permanent residence permit (Blue Card)

417 posts in this topic

11 minutes ago, TurMech said:

 

What proves exactly “have secure financial situation “ requirement? If he had a, say 6 months longer contract, or a year, would that be adequate, or only an unlimited contract serves for this purpose?

 

Is it all at the discretion of the officer at the foreigners office? Could he reject even if there is an unlimited contract?

 

There are actually not only rules, but also many court cases where this question has been clarified. Instead of frequently providing inaccurate information, why don't you take the time to actually read the laws and the judgements. :wacko:

0

Share this post


Link to post
Share on other sites
11 minutes ago, engelchen said:

 

There are actually not only rules, but also many court cases where this question has been clarified. Instead of frequently providing inaccurate information, why don't you take the time to actually read the laws and the judgements. :wacko:

 

“Instead of frequently providing inaccurate information”

 

can you please quote from my posts what made you come to that conclusion?

 

as for the relevant court cases, I wasn’t aware, and will sure check to learn. Thanks!

0

Share this post


Link to post
Share on other sites
1 hour ago, TurMech said:

 

What proves exactly “have secure financial situation “ requirement? If he had a, say 6 months longer contract, or a year, would that be adequate, or only an unlimited contract serves for this purpose?

 

Is it all at the discretion of the officer at the foreigners office? Could he reject even if there is an unlimited contract?

 

The law doesn’t specify all the details, so yes, that question is somewhat left to the discretion of the ABH.

 

For Berlin the internal rules of the ABH can be found in https://www.berlin.de/labo/willkommen-in-berlin/service/downloads/artikel.274377.php

 

Basically an individual officer has to follow them. 

 

It is clear that unlimited contract is the best so I can’t see the officer refusing in return his case. It is also clear that the intention of the Gesetzgeber is not to prohibit entirely the NE for people with time-limited contracts. I didn’t read the last versklav of the rules though, you are welcome to do that and post what you found. 

1

Share this post


Link to post
Share on other sites
On 1/13/2017, 2:32:09, ilyann said:

You can apply for the Blue Card the moment you satisfy the conditions for it; in fact the status can also be given retroactively (for example, you can still receive an NE if you worked with a job satisfying the Blue Card conditions for the necessary period of time).

 

Hello Ilyann, would you please refer me to the law paragraph in favor with your suggestion. That would we a great argument for me to have in my next appointment at the AB. Thank you.

0

Share this post


Link to post
Share on other sites
12 hours ago, moeg said:

 

Hello Ilyann, would you please refer me to the law paragraph in favor with your suggestion. That would we a great argument for me to have in my next appointment at the AB. Thank you.

 

The lady I talked to when I called the main office regarding future issuance of Blue Card told me exactly that - generally it is possible to take into consideration the past working period in Germany, provided you had the requirements for the Blue Card covered.

0

Share this post


Link to post
Share on other sites

Hi guys,

 

My question might be asked by someone before, but I could not find anything after 30 minutes searching in this forum. 

 

I have a german master degree. I started working in Germany after my graduation and am holding a Blue Card in the same period for a total 15 months. 

I plan to quit my job now and start a second master degree in Germany. Of course, I will then apply for a student residence permit. 

 

Will the previous 15months that I hold a Blue Card be counted when I apply for a Niederlasungserlaubnis in the future? 

If yes, is there any difference if I apply for NL under 18b or 19a?

 

Thanks in advance.

0

Share this post


Link to post
Share on other sites
On Donnerstag, 13. September 2018, MustTryHarder said:

I could not find anything after 30 minutes searching in this forum. 

 

Then you @MustTryHarder :P

 

Seriously - almost the exact same question has been asked and answered several times each year on TT since the Blue Card scheme was introduced.

 

In fact I'd be very surprised if there were not several examples of that case on this very thread.

 

Since you know the § numbers you're concerned about you could look them up yourself in the English translation version of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory (Residence Act)

 

pro tip: some of the subsections include info on how exceptions to the rules are to be dealt with such as...

§ 18 AufenthG - Einzelnorm | §18(3) exception of work permit need in Intergovernmental Agreement cases like WHV for example.

 

If you show willing and we're convinced you have tried seriously some of us may be more amenable to investing our own time in trying to help you but, since your issue is of most concern to you and most of us have other priorities when it comes to the use of our time, just asking for help every few days may not impress us enough to bother.

 

ETA: Partly out of curiosity and partly because I'd expect you to have to convince the ABH of both the viability of your plan and its advantage to Germany - What are your reasons for wanting to start studying for a second Masters degree in Germany already?

 

2B

0

Share this post


Link to post
Share on other sites

> Will the previous 15months that I hold a Blue Card be counted when I apply for a Niederlasungserlaubnis in the future? 

I think yes, at least for the 19a that you probably want, as I and other people have received the NE based on it even though my required 21 months were not consecutive. There doesn't seem to be any reference in the text for a break in the employment being a problem.

0

Share this post


Link to post
Share on other sites
3 hours ago, ilyann said:

> Will the previous 15months that I hold a Blue Card be counted when I apply for a Niederlasungserlaubnis in the future? 

I think yes, at least for the 19a that you probably want, as I and other people have received the NE based on it even though my required 21 months were not consecutive. There doesn't seem to be any reference in the text for a break in the employment being a problem.

Thank you very much Ilyann. You saved my day!!!

0

Share this post


Link to post
Share on other sites

I received the letter explaining the elektronischer Aufenthaltstitel last friday, and went and picked up my Niederlassungserlaubnis today. i would like to thank to each and every person, who contributed with their experiences to this legendary thread, which i believe every Blue Card holder should read. I personally have read many times from the beginning to the end.

 

My experience is as below;

  • Started working in Germany with a Blue Card on 01.01.2017 (Actually started with a D-Type visa, but obtained the real blue card at the end of march),
  • Obtained B1 certificate in May 2018,
  • Sent the first email to ABH in March 2018, to ask for an appointment in early October 2018, which corresponds to right after the completion of 21 months of Rentenversicherung payments (but that was also before i obtained the B1),
  • The first information was that, the 21 months time would be clocked starting from March (the date i received the real blue card), but then agreement was reached that, the time should be counted from the first day of work,
  • After waiting for some time for the appointment date to be given, i went to ABH and requested an appointment date in early October, and was given an appointment on October 4th.
  • Went there on the given date, resubmitted all the documents and gave fingerprints, but unexpectedly i was asked to prove that my bachelors degree was from a 4 year university, 
  • The next day i submitted the relevant document, and 2 weeks later i received an email saying that everything is fine and my card was being ordered.
  • Approximately 3 weeks later i received the letter, and today, after 22 months and 12 days in Germany, i received my NE.

The biggest takeaway for future applicants would be to ask for an appointment date as early as possible, and try to send as many required documents as possible at one package, instead of sending them part by part. 

 

3

Share this post


Link to post
Share on other sites
11 hours ago, TurMech said:

 

  • Went there on the given date, resubmitted all the documents and gave fingerprints, but unexpectedly i was asked to prove that my bachelors degree was from a 4 year university, 

 

I find this very strange. Why would they ask for this? Is it a requirement? I have obtained my Blue Card, but my Bachelor's is not 4-year, it's 3-year. Do you think I might get asked to prove the same when submitting for the Permanent residence (after 21 months of work with Blue Card, provided I have B1 passed)?

 

 

0

Share this post


Link to post
Share on other sites
3 hours ago, java10 said:

I have obtained my Blue Card, but my Bachelor's is not 4-year, it's 3-year. Do you think I might get asked to prove the same when submitting for the Permanent residence (after 21 months of work with Blue Card, provided I have B1 passed)?

 

I think it is unlikely, because non of my acquaintances, who have recently gone through this process, have been requested this proof. But you can never know.

0

Share this post


Link to post
Share on other sites
3 hours ago, java10 said:

 

I find this very strange. Why would they ask for this? Is it a requirement? I have obtained my Blue Card, but my Bachelor's is not 4-year, it's 3-year. Do you think I might get asked to prove the same when submitting for the Permanent residence (after 21 months of work with Blue Card, provided I have B1 passed)?

 

 

 

You will eventually need this proof for the deutsche rentenversicherung (calculation of pension), so why not just get it at the start so you have it when the deutsche rentenversicherung ask you for it? 

0

Share this post


Link to post
Share on other sites
6 minutes ago, RenegadeFurther said:

 

You will eventually need this proof for the deutsche rentenversicherung (calculation of pension), so why not just get it at the start so you have it when the deutsche rentenversicherung ask you for it? 

 

But as I said - it is not 4-year Bachelor's Degree. What if they ask me for it, I obviously cannot obtain it?

0

Share this post


Link to post
Share on other sites
23 minutes ago, RenegadeFurther said:
3 hours ago, java10 said:

 

I find this very strange. Why would they ask for this? Is it a requirement? I have obtained my Blue Card, but my Bachelor's is not 4-year, it's 3-year. Do you think I might get asked to prove the same when submitting for the Permanent residence (after 21 months of work with Blue Card, provided I have B1 passed)?

 

 

 

You will eventually need this proof for the deutsche rentenversicherung (calculation of pension), so why not just get it at the start so you have it when the deutsche rentenversicherung ask you for it?

 

You receive a Versicherungsverlauf from Deutsche Rentenversicherung to submit the number of months of pension insurance payments you made. I don't understand its' relevance with the duration for the obtained degree.

0

Share this post


Link to post
Share on other sites
44 minutes ago, java10 said:

 

But as I said - it is not 4-year Bachelor's Degree. What if they ask me for it, I obviously cannot obtain it?

 

Whether or not a 4 year degree is required depends on the country where It was completed. 

 

The easiest way around this issue is to apply for a Zeugnisbewertung through the ZAB. As long as the foreign degree is equivalent to a German one, the ABH must accept it.

2

Share this post


Link to post
Share on other sites

Question regarding my Niederlassungserlaubnis

 

I am writing to get suggestions. I am here since Oct 2013, completed my MSc at the end of 2016. Started working for a month, then started my PhD for 8 months and then again quitted it and started working permanently since Oct 2017. After Dec 2016 I got a Job Search Visa and which I also started working on my PhD (informed the KVR) and later I asked KVR to issue me a Blue card from Oct 2017, which they said that I can work on job search visa if the employer does not need it for now (it was told to me at the reception in Munich international fachkraft). So eventually I got an appointment in July 2018 and got my Bluecard in August 2018. So I have been working since Oct 2017 that makes 16 months. As the whole year went I worked on job search visa.. now the people at KVR told me I am not allowed to apply for Niederlassungserlaubnis as I have not worked 21 months on Bluecard (though it was not my fault and I asked them for Blue card right away in Oct 2017). I have paid every tax, studied here.. and in June 2019 I am valid to apply for Permanent residence, which KVR is denying. Can you suggest me what to do as I plan to get it ASAP?

P.S. I speak B2/C1 German, I have paid Rente for 18 months as of Feb 2019.

 

Also, after listening to my story and not showing any evidence of proving that I really asked for Termin in Oct 2017. A guy at the counter has told me to write a letter to them and then they will see for higher authorities. Now I am not sure to whom to address and what to write exactly.

0

Share this post


Link to post
Share on other sites
On 1/22/2019, 11:20:36, findomair said:

Question regarding my Niederlassungserlaubnis

 

I am writing to get suggestions. I am here since Oct 2013, completed my MSc at the end of 2016. Started working for a month, then started my PhD for 8 months and then again quitted it and started working permanently since Oct 2017. After Dec 2016 I got a Job Search Visa and which I also started working on my PhD (informed the KVR) and later I asked KVR to issue me a Blue card from Oct 2017, which they said that I can work on job search visa if the employer does not need it for now (it was told to me at the reception in Munich international fachkraft). So eventually I got an appointment in July 2018 and got my Bluecard in August 2018. So I have been working since Oct 2017 that makes 16 months. As the whole year went I worked on job search visa.. now the people at KVR told me I am not allowed to apply for Niederlassungserlaubnis as I have not worked 21 months on Bluecard (though it was not my fault and I asked them for Blue card right away in Oct 2017). I have paid every tax, studied here.. and in June 2019 I am valid to apply for Permanent residence, which KVR is denying. Can you suggest me what to do as I plan to get it ASAP?

P.S. I speak B2/C1 German, I have paid Rente for 18 months as of Feb 2019.

 

Also, after listening to my story and not showing any evidence of proving that I really asked for Termin in Oct 2017. A guy at the counter has told me to write a letter to them and then they will see for higher authorities. Now I am not sure to whom to address and what to write exactly.

>  I have been working since Oct 2017 that makes 16 months.

If that works satisfies the conditions of the Blue Card, yes, it should count.

 

> which KVR is denying

How exactly are they denying it if you aren't yet able to apply?

 

> Can you suggest me what to do as I plan to get it ASAP?

Apply after 21 months, if rejected you will have a written document to take to the lawyer.

 

Disclaimer: this is not a legal advice, I am not a lawyer.

0

Share this post


Link to post
Share on other sites

Hello All,

 

I have an appointment on 12th March 2019. My question is mainly on How strict is the speaking test on German on that Day?

 

I have cleared my A1 from Goethe and submitted the Certificate to them. 

 

Will they speak completely in German and should we need to understand and respond back in German? Please share your experience! I have all the necessary documents only worry is my Language Test. Based on your suggestion I could prepare a bit more :) 

 

Thank you so much!

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now