I'm a non EU citizen. Currently I have a German Blue Card residence permit. I'm planning to apply for a permanent residence (after 21 months with B1 German Knowledge proof). The problem now is that I'm starting a new job and things got unexpectedly interrupted. Because of this I may be 2 weeks without an employer/job. I'm wondering whether this will affect my plans of asking for the permanent residence as I will have a small gap without pension contributions. Has anyone been in a similar situation? Do you know if there is something in the law that states the required full continuity of the contributions before asking for the permanent residence?
-
You wont have problems with that. Where you might have problem is if your work contract at the time of application is for a very limited time only (<6 months).– aimedacaCommented Apr 4, 2022 at 10:18
Add a comment
|
1 Answer
No direct experience with this situation but reading the relevant part of the law, I see nothing suggesting the contributions must be continuous. In fact, the contribution requirement defined in § 18c Abs. 1 Nr. 3 is separate from the requirement to hold a residence permit for 4 years defined in Abs. 1 Nr. 1., which is explicitely continuous (and which doesn't directly apply to you).
Furthermore, the requirement is to have contributed for 21 months, not for every single day of 21 months (which doesn't really make sense anyway). If you are only two weeks without a job, you would presumably still pay something in the relevant month(s) based on the time worked on either side of the employment gap. If that's the case, it seems you wouldn't have to wait a minute longer or worry about interruptions as you would in fact be able to document a continuous period of 21 months when you contributed to the statutory pension system.
-
All of this is based on pension rules, which is based on how many monthly payments have been made alltogeather and the amount for each month. If you work the first and last week of a month, it counts as one month (one day in a calender month is sufficient). Commented Apr 4, 2022 at 7:04
-
@MarkJohnson Thanks. Just to double-check did you mean that it is not based on the amount? My assumption is indeed that one day in a calendar month is enough but I am not sure how to read the first sentence of your comment.– RelaxedCommented Apr 4, 2022 at 7:17
-
It is not based on the amount (in €), but the amount of months where any payment has been made. The 'waiting period' to be eligible for a pension is 5 years. Commented Apr 4, 2022 at 7:32
-
Deutsche Rentenversicherung - Homepage - Mindestversicherungszeit: The check as to whether the respective waiting period has been fulfilled is carried out in months - not in years. This is the smallest unit of time, so it is not counted in days. Each year is based on 12 months. A calendar month that is only partially occupied by periods under pension law counts as a full month. Commented Apr 4, 2022 at 7:33
-
@MarkJohnson so if I take the first two weeks of the month off and I still pay the contributions in the remaining two weeks, does that mean that that particular month will still be counted or not?– x89Commented May 16, 2022 at 18:21