The EU Blue Card: German Immigration Lawyers

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The EU Blue Card:
German Immigration Lawyers

Comprehensive support from a full-service law firm in Germany

The EU Blue Card: German Immigration Lawyers

At Schlun & Elseven Rechtsanwälte, our dedicated team of immigration lawyers are here to support our clients with their application for EU Blue Cards, and with all future issues. Our lawyers support both private clients with their individual applications, and corporate clients by overseeing the applications of their employees. By allowing our team to provide you with our expertise, you can relax knowing your application is in safe hands.

Our Legal Services with the EU Blue Card

The Benefits of the EU Blue Card

There are many advantages to holding an EU Blue Card. Firstly, it allows the holder to live and work in Germany (other European countries) for up to 4 years or the duration of the employment contract plus an extra three months. Although the EU Blue Card is not a permanent residence permit, it is possible to apply for a permanent residence permit after 21 months if the cardholder can demonstrate a B1 level of German. Without the B1 level of German, they can apply after 33 months.

Another bonus of the EU Blue Card is that there is no requirement for the applicant or their family members to have German language skills. Having German abilities is a bonus for living in Germany, but it is not considered a prerequisite of obtaining the card. As shown above, there are advantages of learning German for the permanent residence permit application.

Furthermore, the EU Blue Card allows for family reunification in Germany. The cardholder can bring some family members, including their spouse, their children, and others dependent on the holder (including step-children), to Germany. This dependency must be proven in the case of children over the age of 21. If you require advice on the eligibility of certain family members, please contact our office directly.

Applying for the EU Blue Card

The EU Blue Card can be applied in Germany at the applicant’s local Ausländerbehörde (immigration office). Most applicants need to apply for a German Employment Visa from a German Embassy or Consulate before coming to Germany. This visa demonstrates to the German authorities that you have entered the country legally and with the intention of working. There is a three-month window in which to apply for the EU Blue Card. Citizens from the USA, Canada, Japan, Australia, Israel, South Korea, and New Zealand can apply beforehand without getting an employment visa.

Here is a list of the documents which need to be submitted when applying for the EU Blue Card for Germany:

  • Your passport.
  • A recent biometric picture of yourself. 
  • The application form. 
  • Declaration on the Employment Relationship.
  • Your original employment contract or job offer.
  • Proof of your residence in Germany.
  • University or college diploma, in the original.
  • For those with statutory health insurance:
    • The electronic health card
    • A recent confirmation of health insurance
  • If you have private health insurance:
    • A certificate from the health insurance company stating your insurance details.
    • Proof of contribution payments.

Document requirements vary depending on your employment situation and other factors. At Schlun & Elseven Rechtsanwälte, our immigration lawyers will oversee your application and guide you through the bureaucratic requirements for your specific application.

Changing Employer as an EU Blue Cardholder

The EU Blue Card provides protections in the case of a change of employer in Germany. The need to change employment can arise for many reasons, and it is permitted under the rules of this residence permit. However, should the need arise in the first two years of the EU Blue Card’s duration, they will need the German immigration authorities’ permission. It is a more straightforward process should the change occur afterwards. If the cardholder has 18 months of continuous employment in Germany under the Card, they can move to a role in another European country once they inform the authorities there and reach the requirements of that country.

Legal complications can and often do arise in such cases and at Schlun & Elseven Rechtsanwälte, our immigration lawyers will advise you in your case relating to changing employer as an EU Blue Cardholder.

EU Blue Card Legal Issues

There are several risks that EU Blue Cardholders can face, especially as the residence permit is closely connected to the person’s employment. If they lose their job, the EU Blue Cardholder has three months to find a new job. This new job should also fulfil the requirements for the residence permit. Should the individual find themselves unemployed after three months, they may face having their EU Blue Card withdrawn. Such an event may lead to them needing to leave Germany.

The responsible authorities can also withdraw the EU Blue Card from the holder in certain limited circumstances. Firstly, if they no longer meet the necessary conditions for the residence permit. Not meeting the requirements can include becoming unemployed or changing jobs to one that does not provide the required salary. Secondly, where the authorities can show that your application was based on false information and false or misleading documents. Thirdly, the individual has been deemed a potential threat to public policy, security, or public health. Finally, in cases where the individual does not have the necessary financial resources to maintain themselves and their family members without social assistance.

In such circumstances, it is crucial to contact an experienced immigration lawyer.

Another risk that often appeared during the Coronavirus pandemic was overstaying the residence permit. Overstaying a visa can lead to significant problems and even require the individual to leave Germany. However, by consulting with our legal team, they can advise you regarding options available, such as permanent residency, a second EU Blue Card and whether it is possible to get an extension to the visa. Our team has helped clients worldwide in all legal matters relating to the EU Blue Card.

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Practice Group: German Business Immigration

Practice Group:
German Business Immigration

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Aykut Elseven

Lawyer | Managing Partner

Jens Schmidt

Lawyer

Daniel Schewior

Lawyer