European Union: The EU Blue Card: German Immigration Lawyers

Who Can Apply for the EU Blue Card?

The EU Blue Card is designed for high-earning individuals from third countries and those in fields with employee shortages. Third countries, in this case, means non-EU countries, including the UK post-Brexit. For an applicant to be considered, they should make certain of the following conditions:

• possession of a German or an accredited foreign university degree comparable to a German one. You can check on the following page if your University and your degree are comparable to a German degree: https://anabin.kmk.org/anabin.html,
• an offer of a job in Germany with gross annual earnings of at least €56,800 (€4,733 per month) – for the year 2021 – or
• an offer of a job in an area where workers are being sought for in Germany (scientists, mathematicians, engineers, doctors and IT- skilled workers) to the amount of €44,304.

The gross annual earnings requirements can change, and updates on the EU Blue Card salary can be found in our article "EU Blue Card Salary Requirements in 2021". The calculation is linked to the income threshold governing the statutory pension insurance scheme, which changes yearly.

A valid German employment contract or a concrete job offer in Germany is central to the application process. If, however, you have satisfied all other conditions for the issue of an EU Blue Card, you may obtain a six-month visa to find employment per § 20 (1)(2) German Residence Act – the Job Seeker Visa. Once in Germany, you can apply for the residence permit should you find a post that ensures your suitability for the application.

The EU Blue Card Application Process

The EU Blue Card can be applied for in Germany at the applicant's local Ausländerbehörde (immigration office). Most applicants need to apply for an 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. From there, there is a three-month window in which to apply for the EU Blue Card. Citizens from U.S.A, Canada, Japan, Australia, Israel, South Korea, and New Zealand can apply without getting an employment visa beforehand.

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 original.
• For those with statutory health insurance:
  • The electronic health card
  • Recent confirmation of health insurance
• If you have private health insurance:
  • A certificate from the health insurance company, stating the details of your insurance.
  • Proof of contribution payments.

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

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.

Additionally, 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.

Finally, an applicant can apply for a second EU Blue Card should their current Card expire, provided they fulfil the eligibility requirements.

Legal Disputes & Other Services: Immigration Lawyers in Germany

If you find yourself in a legal dispute concerning the EU Blue Card, you can rely on the immigration lawyers at Schlun & Elseven Rechtsanwälte to be in your corner. Our expert legal team regularly deal with German bureaucracy, the immigration authorities and the courtroom. Complex legal disputes can be overwhelming, especially when you are not a German native. Our lawyers will provide you with peace of mind as you can be assured that your legal matters are in the hands of experienced professionals.

Our immigration law team will ensure that your documents are in order and will look to accelerate your application wherever possible. Getting the right legal advice from the first day will allow your application to go as smoothly as possible.