The EU Blue Card in Germany Legal Advice: Job Loss and Employment Changes

Changing employers while holding an EU Blue Card in Germany can present challenges due to the close link between the card, the holder’s employment and their residency status. If an EU Blue Card holder wishes to change employers within the first year of their employment, they must obtain authorisation from the German immigration authorities. This requirement ensures that the new employment meets the criteria necessary for the EU Blue Card. Our lawyers can assist in the application process for this authorisation and provide support if the immigration services reject the request, ensuring your rights are protected.

Recent updates to German law have adjusted the notification requirements for changing employers. EU Blue Card holders now must inform the immigration authorities about a change of employer or position within the first 12 months of employment, a reduction from the previous two-year requirement. The authorities then have 30 days to decide whether to approve or reject the job change. After the initial 12-month period, EU Blue Card holders can change employers or positions without needing to notify the immigration authorities, simplifying the process and providing greater flexibility.

For those looking to move to a company based in another EU country that uses the EU Blue Card system, the regulations allow for such a change after 12 months of continuous employment in Germany. This rule has been updated from the previous requirement of 18 months. Upon relocating, it is essential to notify the local immigration services in the new country within one month of arrival to ensure compliance with EU regulations and avoid any legal complications.

In cases where an EU Blue Card holder becomes unemployed, the card remains valid for three months following the end of the employment contract. This grace period allows the holder time to find new employment without immediately losing their residency status. The cardholder must communicate their employment status to the German immigration authorities promptly. Open and transparent communication with the authorities is essential to avoid legal disputes and ensure the transition to new employment or residence status is as smooth as possible.

At Schlun & Elseven Rechtsanwälte, we offer comprehensive legal support tailored to your needs during this challenging time. Our consultation services provide legal advice on maintaining your EU Blue Card status and assistance with obtaining alternative residence permits if necessary. We understand the complexities of your situation and are here to guide you through every step.

In addition to consultations, we offer robust representation in legal matters. If you face disputes with your employer, our experienced lawyers can handle these conflicts effectively on your behalf. We also provide support with appeals and applications to authorities, ensuring that your rights are protected and your applications are processed smoothly.

Upon losing your job as an EU Blue Card holder in Germany, it’s essential to understand your rights and available options to maintain your legal status in the country. One immediate option is to utilise the 3-month grace period provided, during which you can search for a new job that meets the criteria for the EU Blue Card. It is crucial for those impacted to act promptly during this period, and leveraging resources such as job portals, recruitment agencies, and networking opportunities can enhance your chances of securing new employment.

If finding a new job within the grace period proves challenging, exploring alternative residence permit options becomes necessary to remain legally in Germany. Options include applying for a Job-Seeker Visa, which allows you to stay in the country for up to six months while actively seeking employment. Alternatively, if you have family members who are EU citizens or permanent residents, applying for a Family Reunion Permit may be viable. Another option is the Self-Employment Visa, which is suitable for those intending to start their own business.

For EU Blue Card holders in Germany facing job loss, exploring entrepreneurship and self-employment as an alternative path to residency offers a viable option to maintain legal status in the country. Under the German Residence Act, company founders, managing directors, and legal representatives can apply for a residence permit under § 21 AufentG, provided their business concept meets specific criteria. These measures include demonstrating economic viability, positively impacting the economy, and securing financing through equity capital or a loan commitment.

Self-employment offers a streamlined residency route with fewer language proficiency or professional qualification requirements. Moreover, there is no minimum investment threshold, and successful applicants may obtain permanent residency after three years and German citizenship after five years following recent changes to German citizenship law. Spouses and minor children also benefit from family reunification rights. However, the application process involves careful and precise preparation, including developing a coherent business plan, consulting with relevant authorities, and ensuring compliance with legal requirements.

At Schlun & Elseven Rechtsanwälte, our business immigration lawyers specialise in assisting entrepreneurs and those seeking self-employment in dealing with the complex process of obtaining a self-employment visa in Germany. From refining business ideas to preparing comprehensive documentation and dealing with registration procedures and the German authorities, we provide tailored support at every step to facilitate a smooth transition to self-employment and residency in Germany.

Alternatively, if the EU Blue Card holder who has lost their job has family members who are EU citizens or German permanent residents, applying for a Family Reunion Permit may be a viable option. This permit enables certain persons (such as those with a permanent residence permit, EU citizens and EU Blue Cardholders) to sponsor spouses, children, and dependent relatives for residency in Germany, offering an avenue for family unity during challenging times. Family members granted residency under this permit can enjoy certain privileges, such as the right to live, work, and study in Germany.

At Schlun & Elseven Rechtsanwälte, our lawyers are available to advise clients on all matters relating to family reunification in Germany.

As an EU Blue Card holder in Germany, facing dismissal from employment can be particularly challenging due to the close link between the Blue Card and the holder’s employment status. Under the Protection Against Dismissal Act (Kündigungsschutzgesetz), the grounds for termination must be socially justified, whether the dismissal is based on operational, personal, or behavioural reasons. This legal framework applies to EU Blue Card holders, and understanding how it intersects with their residency status is crucial.

If an EU Blue Card holder faces dismissal within the first year of employment, they must deal with the requirements of the Protection Against Dismissal Act while also considering the implications for their Blue Card status. Remaining calm upon receiving notice of termination is essential, as it allows for a thorough examination of the circumstances and potential legal shortcomings in the dismissal process. Collecting evidence, such as communications with the employer, can strengthen the case against unfair dismissal, while seeking legal advice from our experienced legal professionals can provide guidance on protecting employment and residency rights.

The central tenet of the Protection Against Dismissal Act, “social justification” for dismissal, also applies to EU Blue Card holders. This means employers must have valid reasons for termination proportionate to the alleged infringement, ensuring fairness in the dismissal process. Understanding the permissible grounds for dismissal and the procedures involved is crucial for EU Blue Card holders to protect their rights effectively.

Various reasons may lead to dismissal, including person-related, behavioural, and operational factors. Person-related reasons encompass illnesses, whether short-term but persistent or long-term, criminal offences or imprisonment, inadequate performance levels, unsuitability for the role, addiction issues, and lack of a work permit. Behavioural reasons for termination may include refusal to work, engaging in bullying behaviour, alcohol consumption on the job, disturbance of workplace peace and receipt of complaints from colleagues. 

Given the time-sensitive nature of dismissal cases, EU Blue Card holders must act promptly to challenge unfair dismissals and protect their residency status. Failing to file a lawsuit within the required timeframe can affect employment and residency rights. Our legal professionals specialise in German employment law and immigration matters, providing expert guidance and support to EU Blue Card holders facing employment dismissal and residency issues.

Under German law, EU Blue Card holders are entitled to robust protections against extraordinary termination and unfair dismissal. Employers can only bring about an extraordinary termination if they have an “important reason ” that renders the employment relationship’s continuation unfeasible until the end of the notice period. Such reasons typically encompass operational, personal, or behavioural factors, although they need not be explicitly stated in the termination notice.

The most common grounds for extraordinary termination revolve around employment contract breaches, where the employee’s conduct undermines the employer-employee relationship. Such breaches typically involve negligent actions that contravene the terms of the employment agreement. Examples of conduct that may justify an extraordinary termination include disregarding instructions from superiors, violating company policies, persistently refusing to fulfil work obligations, engaging in activities detrimental to the company’s interests, and committing criminal offences against the company or its stakeholders (e.g., fraud, theft).

EU Blue Card holders facing dismissal should seek legal advice promptly to assess the validity of the reasons provided and determine whether their rights have been infringed. German law requires action for protection against dismissal to be taken within three weeks of termination, emphasising the importance of acting swiftly to protect one’s rights. Unfair dismissal cases often undergo conciliation hearings within two weeks of filing, with potential resolutions including settlements or chamber meetings for unresolved disputes. Our legal team is available to advise EU Blue Card holders about extraordinary termination and unfair dismissal law and how such cases may impact their EU Blue Card and residency status in Germany.