EU Blue Card Update

Here we would like to go deeper into the residence permit for employees. The purpose of the residence is therefore the pursuit of employment in Germany. There are different residence permits for work. Today we will be talking about the EU Blue Card.

What are the features and benefits of the EU Blue Card? What requirements do I have to meet? And how does the process work?

The main features and benefits of the EU Blue Card are:

1. It allows the exercise of dependent work.
2. After two years, the employer commitment no longer applies. That means I can move to another employer. But be careful! I must continue to meet the other requirements for the EU Blue Card, such as salary level and connection between university degree and work duties. More about that later.
3. I can already get a settlement permit after 21 months if I have German language skills of level B1. At A1, it is 33 months. The advantage: with other residence permits it takes up to 48 months or 60 months until I can get a settlement permit.
4. I can stay abroad for up to 12 months without my residence permit becoming invalid. Normally, the period is only 6 months.
5. In the case of a residence permit for family reunification, the requirements for German language skills are waived for spouses and for children 16 years of age and older.

Let us now turn to the essential requirements for the residence permit EU Blue Card . These are:

1. Specialist with academic training. A recognized college degree from home or abroad is required. Research on the recognition of foreign university degrees can be done on the website anabin.kmk.org. If you do not find a result there, you can also request an individual examination.

2. employment subject to social security contributions: it must be an employment contract with an employer based in Germany. The employment relationship must be subject to social insurance in Germany. So here the demarcation to the so-called ENTSENDUNG takes place. For posting, the ICT card would be the correct residence permit.

3. The qualification must be REASONABLE to the employment: the university degree and the tasks from the employment contract must be more closely related. A clear example: the academic should not work as a cab driver. A not so clear example: an engineer works as a sales manager. Then it is very important to the job description.

4. Salary level: minimum required salary varies annually. In 2023, it will amount to approx. 4,870 euros gross and, for certain occupational groups, approx. 3,800 euros gross. Please note: Only salary components to which there is a fixed entitlement count. Performance-related bonuses, for example, are not included.

And lastly on the procedure:

As a rule, you apply for the visa at the German Embassy or Consulate in the country where you have your habitual residence.

If there are problems getting an appointment, I recommend the FAST TRACK procedure. The Fast Track procedure allows you to force the embassy to make an appointment within short deadlines.

There are exceptions that you do not have to conduct the procedure through the embassy, but can apply directly at an immigration office.

These exceptions apply to certain nationalities such as USA or UK.

Or for third-country nationals who already hold a residence permit from a European state.

And even if you came to Germany with a Schengen visa, you can apply for a residence permit for the EU Blue Card directly in Germany under certain conditions.

If you have any questions, please feel free to contact us.

Thank you for tuning in. I would be pleased to welcome you here again soon, your lawyer Simon Sonnenberg