A semiconductor device is disclosed including a gate electrode structure and raised drain and source regions that extend to a first height level and a sidewall spacer element positioned adjacent the sidewalls of the gate electrode structure between the raised drain and source regions and the gate electrode structure. The sidewall spacer element includes an upper portion that extends above the first height level wherein an inner part of the spacer element faces the gate electrode structure and extends to a second height level that is less than a third height level of an outer part of the upper portion of the spacer element.