Niederlassungserlaubnis advice needed (alumni of a German university)

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Hi Toytown folks,

My wife and I (both from Turkey) have been resident in Germany with a residence title for more than 5 years. Currently, we are living in Stuttgart, and both have a fixed-term employment contract since we are working at universities in temporary projects.

The contract of my wife will terminate on August 31, and she would like to apply for Niederlassungserlaubnis or Daueraufenthalt EU. Briefly, after finishing her Master’s degree in Germany, she has worked (in a job that relates to her studies) and paid into the federal pension fund for 2 years (and 3 months), and she has a B2 certificate.

Unfortunately, she could not find a job here so far. Do you happen to know?

  1. What is the minimum contract duration and salary needed to obtain "Niederlassungserlaubnis" in her situation? Or can she apply directly even before finding a job, considering my earning (living together)?
  2. In case she cannot find a job by the end of this month, she can obtain spouse residence permit (I have a permit until 2021). But in this case, her residence permit status will also change (from “18 ABS 4 s1” to “spouse”). Do you happen to know, can she still keep her right to apply "directly" for Niederlassungserlaubnis after finding a job?
  3. She has also received a job offer from the Netherlands (for 1 year). If she starts working there, can she still keep her right to apply "directly" for Niederlassungserlaubnis after finding a job in Germany?
  4. Finally, in case she is currently eligible to apply and we couldn't find an appointment for Niederlassungserlaubnis (Stuttgart is very busy), can she apply for a Fiktionsbescheinigung (in the meantime) and hand in her "Niederlassungserlaubnis" application later?

This has become really important part of our life. Thus, I would greatly appreciate your answers. Thanks a lot!

Best,

Kaan

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2 hours ago, tethys said:

The contract of my wife will terminate on August 31, and she would like to apply for Niederlassungserlaubnis or Daueraufenthalt EU. Briefly, after finishing her Master’s degree in Germany, she has worked (in a job that relates to her studies) and paid into the federal pension fund for 2 years (and 3 months), and she has a B2 certificate.

 

For the pension part of a Niederlassungserlaubnis, you need to pay in 60 months (i.e. 5 years), or make up the difference with a 'voluntary' donation (€€€) that would equal that. You'd need to talk to the DRV to arrange this.

 

Just to clarify... she has not finished her masters yet? Once she does, she can switch (and would basically have to anyhow) to an job-seeker visa for recent grads. But of course she must finish her studies, first. That would give her 24 months to find a permanent job. This is for Berlin, but otherwise same rules: https://service.berlin.de/dienstleistung/305245/en/ 

 

BTW, German uni graduates do not need language or integration proof for Niederlassungserlaubnis. It's presumed they are conversant and integrated... If she were to apply for a Niederlassungserlaubnis before graduating, despite it being then less likely, she'd then need to do an integration course as well.

 

For the Daueraufenthalt-EU, someone else will have to step in.

 

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What is the minimum contract duration and salary needed to obtain "Niederlassungserlaubnis" in her situation? Or can she apply directly even before finding a job, considering my earning (living together)?

 

The minimum duration is, alas, permanent. No temporary jobs allowed. I was once in the same boat!

 

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In case she cannot find a job by the end of this month, she can obtain spouse residence permit (I have a permit until 2021). But in this case, her residence permit status will also change (from “18 ABS 4 s1” to “spouse”). Do you happen to know, can she still keep her right to apply "directly" for Niederlassungserlaubnis after finding a job?

That's correct, she would then be shifted to the set of rules covering spouses. But as your visa is also not permanent, there's an obvious risk there. And no, she would not have the benefits that graduates of German universities have.  

 

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She has also received a job offer from the Netherlands (for 1 year). If she starts working there, can she still keep her right to apply "directly" for Niederlassungserlaubnis after finding a job in Germany?

No. Unless Turkey has some special quasi-EU rights I don't know about, non-EU foreigners generally retain no special residency rights for a country they lived in but leave IF they only have temporary residency visas. She'd be back to zero. If she had German permanent residency, a one-year job in another EU country would usually not be a problem (She'd need the equivalnt of a 'Aufenthaltserlaubnis für in anderen EU-Staaten langfristig Aufenthaltsberechtigte')

 

 I think Blue Card holders also have some easier movement rights, but I'm not sure. 

 

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Finally, in case she is currently eligible to apply and we couldn't find an appointment for Niederlassungserlaubnis (Stuttgart is very busy), can she apply for a Fiktionsbescheinigung (in the meantime) and hand in her "Niederlassungserlaubnis" application later?

 

She can ask for a Fiktionsbescheinigung, but that's up to the Ausländerbehörde. They can, but they don't have to. Remember, to apply for a Niederlassungserlaubnis, she must meet all conditions, and that there's no applying for one otherwise.

 

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This has become really important part of our life. Thus, I would greatly appreciate your answers. Thanks a lot!

That's understandable. I hope it works out for you guys. Sounds like Plan B is get her on a spousal visa. How do you think your long-term job prospects are? 

 

Keep us posted.

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