Niederlassungserlaubnis and Rentenversicherung

9 posts in this topic

Hello Everyone, 

 

I was recently at the Ausländerbehörde to apply for Niederlassungserlaubnis after receiving a appointment letter. Everything was fine, except for the Rentenversicherung number of worked months, where I have worked for 52 out of 60 (I am living in Germany for 5 years and 3 months now). The officer suggested that I take an appointment next year where I might be satisfying the conditions. He further suggested that at the moment, instead of applying for a Niederlassungserlaubnis that I apply for an extension of my residence permit (Aufenthaltserlaubnis).

 

I found that at BAMF that a spouse contribution to Rentenversicherung can also suffice, quoting "müssen Sie seit mindestens fünf Jahren einen Aufenthaltstitelbesitzen, mindestens 60 Monate lang Beiträge zur gesetzlichen Rentenversicherung geleistet haben, Ihren Lebensunterhalt sichern können sowie gut integriert sein. Bei Ehepaaren genügt es, wenn ein Partner die Beiträge zur Rentenversicherung erbracht hat und zur Erwerbstätigkeit berechtigt ist / In the case of married couples, it is sufficient if one partner has paid the pension insurance contributions and is entitled to pursue gainful employment" but I dont know if this works as a selective combination of periods and there is no further explanation for this statement.

 

My wife already has a Niederlassungserlaubnis through an EU Bleu Card, her total contribution months to Rentenversicherung are less than 60 due to a 1 year maternity leave she took. Can I combine her first year contribution to Rentenversicherung to mine according to the BAMF mention above? 

 

Thank you!

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54 minutes ago, moeg said:

My wife already has a Niederlassungserlaubnis through an EU Bleu Card, her total contribution months to Rentenversicherung are less than 60 due to a 1 year maternity leave she took. Can I combine her first year contribution to Rentenversicherung to mine according to the BAMF mention above? 

No, sorry, because that's not what it says. It says that if one spouse satisfies the requirements (i.e. having paid for 60 months), then the requirement can be waived for the other spouse. But your wife doesn't qualify either, as you described above.

 

Give the circumstances, I suggest you do what the officer suggested. You should already qualify for the "Erwerbstätigkeit gestattet" supplement (if you don't have it already), which means you won't be bound to any one employer any longer.

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It is theoretically possible to make top-up payments to the DRV, which could make your total contributions equivalent to "as if 60 months". BUT I can't say if the Ausländerbehörde will accept this as being equivalent to the 60 months requirement (I'm very skeptical). You might try asking.

 

I'm not an expert on this,  I only know an old colleague who did this. I doubt it's a very standard, either... In his case, he did it so that he could be in the next higher/final pension bracket. He only came to Germany in his mid-30s and worked freelance for the first several years, so he was technically "behind" where he might otherwise be. In his calculations I guess it was worth it, but of course you will only ever get a fraction of it back. He already had a secure status in Germany, here for close to 30-odd years, married, half-German kids, etc., he did it only to improve his pension status.

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14 hours ago, moeg said:

My wife already has a Niederlassungserlaubnis through an EU Bleu Card, her total contribution months to Rentenversicherung are less than 60 due to a 1 year maternity leave she took.

 

I thought NE from Blue Card doesn't need the full 60 months of pension contribution anyway? Only need 21 or 33 months of pension.

 

12 hours ago, alderhill said:

It is theoretically possible to make top-up payments to the DRV, which could make your total contributions equivalent to "as if 60 months". BUT I can't say if the Ausländerbehörde will accept this as being equivalent to the 60 months requirement (I'm very skeptical).

 

I think we had threads about Berlin, where freelancers need to pay into private pension scheme to fulfill the 60 months requirement. But in those cases, it was suggested by the Berlin's officials themselves if I understand correctly. 

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15 hours ago, alderhill said:

It is theoretically possible to make top-up payments to the DRV, which could make your total contributions equivalent to "as if 60 months". ...

 

I thought this was only possible for the self-employed?

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3 hours ago, vaonba said:
18 hours ago, moeg said:

My wife already has a Niederlassungserlaubnis through an EU Bleu Card, her total contribution months to Rentenversicherung are less than 60 due to a 1 year maternity leave she took.

 

I thought NE from Blue Card doesn't need the full 60 months of pension contribution anyway? Only need 21 or 33 months of pension.

 

That is valid for the Blue Card holder himself/herself. The spouses must wait until completing 5 years of residence.

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@El Jeffo Thank you, yes this sounds like the only way. Now I regret keeping my permit as a family dependent and not changing it to EU Bleu Card earlier when I got my first job, I did not have enough knowledge about the system. Maybe that was the only chance to reduce contribution period to Rentenversicherung and get my NE earlier. 

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12 hours ago, TurMech said:

 

That is valid for the Blue Card holder himself/herself. The spouses must wait until completing 5 years of residence.

 

The way OP worded it, it's like OP's wife got NE based on 60 months minus 1 year maternity leave (48 months) of pension contributions.

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6 minutes ago, vaonba said:

 

The way OP worded it, it's like OP's wife got NE based on 60 months minus 1 year maternity leave (48 months) of pension contributions.

 

Nope, please reread:

 

On 8.1.2020, 13:38:11, moeg said:

My wife already has a Niederlassungserlaubnis through an EU Bleu Card,

 

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