IHK Berlin

‘EU Blue Card’

The EU Blue Card is intended to grant foreign university graduates and foreign skilled workers with a comparable level of qualification quicker and easier access to the labour market in Germany. This article explains in more detail which groups of people can apply for the Blue Card and what requirements they must meet.

What is the EU Blue Card?

The EU Blue Card according to Section 18g Residence Act is a temporary residence permit introduced in Germany in August 2012 on the basis of Council Directive 2009/50/EC on highly qualified employment. Based on Directive (EU) 2021/1883, the German legislator has reorganised and expanded the requirements for obtaining an EU Blue Card. The new regulations came into force on 18 November 2023.

Requirements for applicants

Applicants with a certain level of qualification whose salary in the position they are seeking to fill exceeds a predetermined threshold may request a Blue Card.

Persons authorised to apply

The following persons can apply for an EU Blue Card:
  • Persons with a German university degree or
  • Persons with a foreign university degree that is comparable to a German university degree or
  • Graduates who have obtained their university degree no more than three years before submitting their application or
  • Professionals who have completed a tertiary education programme that is equivalent to a university degree, requires at least three years of training and is assigned to at least level 6 of the International Standard Classification of Education (ISCED 2011) or level 6 of the European Qualifications Framework in Germany or
  • IT specialists without a university degree who have acquired at least three years of comparable professional experience in the last seven years
The extent to which a foreign university degree is recognised in Germany can be checked in the online database of the Central Office for Foreign Education.

Salary

In addition to their qualifications, applicants in standard occupations must earn an annual gross salary of at least 50 per cent of the contribution assessment ceiling for general pension insurance (EUR 45,300 / EUR 3,775 per month).
In certain shortage occupations (bottleneck occupations), a salary limit of at least 45.3 per cent of the annual contribution assessment ceiling for general pension insurance is also sufficient. This means that an annual gross income of EUR 41,041.80 / EUR 3,420.15 per month is enough. Such professions are, among others:
  • Scientists
  • Architects
  • Land use, urban and traffic planners
  • Engineers and engineering scientists
  • Academic specialists in information and communication technology
  • Production managers in manufacturing, mining, construction and logistics
  • Academic and comparable nursing and midwifery professionals
  • Teachers and educators in the school and extracurricular sector
The complete list of shortage occupations within the meaning of this regulation can be viewed here.
The reduced minimum salary threshold of EUR 41,041.80 / EUR 3,420.15 per month also applies to academic career starters and IT specialists without academic degree.

Approval of the Federal Employment Agency

The approval of the Federal Employment Agency (Section 39 Residence Act) is not required for the issuance of an EU Blue Card if the annual gross income is at least EUR 45,300 / EUR 3,775 per month. In this case, the Federal Employment Agency will not carry out a labour market check or review the working conditions.
However, the approval of the Federal Employment Agency (only with regard to the review of working conditions) must be obtained in the following constellations:
  • The applicants have a foreign or German university degree AND employment is sought in a shortage occupation AND the gross salary is less than EUR 45,300 (gross)/ EUR 3,775 per month
  • The requirement for approval also applies to academics (degree obtained 3 years prior to application) if they earn less than EUR 45,300 / EUR 3,775 per month
  • IT specialists without academic degree

Licence to practice a particular profession

If a licence is required to practise the relevant profession in Germany (e.g. for doctors of medicine, engineers, etc.), the applicant must produce this licence or approval of his/her application before the EU Blue Card is issued.

Where to apply for an EU Blue Card?

The general rules of immigration law apply to the responsibility for the application. This means that the EU Blue Card must always be applied for at the German diplomatic mission or consular post at the usual place of residence. As a rule, this is the country of origin. The skilled workers then travel to Germany with a corresponding visa, which already authorises them to take up work. Before the visa expires, an application for a Blue Card must be submitted to the local immigration authority in Germany.
Exceptions: Certain groups of people can also apply directly to the local immigration authority in Germany. This applies in particular to the following applicants:
  • Holders of a national visa or a residence permit authorising long-term residence; this includes cases of so-called change of purpose of residence (e.g. after successfully completing a university degree, change from a residence permit for studies to employment with an EU Blue Card)
  • Citizens of the privileged states: Australia, Israel, Japan, Canada, the Republic of Korea, New Zealand, USA, United Kingdom of Great Britain and Northern Ireland
  • Third-country nationals who have held an EU Blue Card issued by another member state of the European Union for at least twelve months and who are applying for an EU Blue Card for the purpose of highly qualified employment
  • Third-country nationals who have held an EU Blue Card issued by another Member State of the European Union for at least six months and were previously in possession of an EU Blue Card issued by another Member State
Important for the last two exceptions: Applications for the issuing of an EU Blue Card and for a residence permit for family reunification must be submitted within one month after entering the territory of the Federal Republic of Germany.

For how long is an EU Blue Card issued?

The EU Blue Card is issued for an initial period of no more than four years. If the period covered by the employment contract is less than four years, the EU Blue Card shall be issued for the term of the employment contract plus an additional period of three months. The contractual period of employment must be at least six months.

Miscellaneous

Are holders of an EU Blue Card allowed to change jobs?

After one year of employment with an EU Blue Card, no authorisation from the immigration authority is required for a change of employer. During the first twelve months of employment, the immigration authority may suspend the change of job of an EU Blue Card holder for 30 days and refuse to issue an EU Blue Card within this period if the conditions for issuing an EU Blue Card are not met.

Disclosure requirement for holders of an EU Blue Card and companies

Every holder of an EU Blue Card must inform the relevant immigration authority if the employment for which the Blue Card was issued ends prematurely. This obligation exists within two weeks of becoming aware of the circumstance. The immigration authority must inform the non-EU national of this disclosure requirement when issuing the residence permit.
The same duty of notification applies to the employer. From the time of knowledge of the termination, the immigration authority must be informed by the company within four weeks.

When can EU Blue Card holders obtain a permanent residence permit?

Holders of an EU Blue Card can obtain a settlement permit (permanent residence permit) after 27 months employment with the proviso that:
  • the holder of the EU Blue Card continues to be employed in work appropriate to his/her qualifications, AND
  • for the period of no less than 27 months, compulsory or voluntary contributions were made to the statutory pension insurance scheme. Alternatively, the holder can demonstrate that payment has been made which entitles the holder to comparable benefits from an insurance or pension institution or an insurance company.
If the applicant can demonstrate Level B1 fluency in the German language, the above period shall be reduced from 27 to 21 months.

This article is intended to provide a short introduction, and does not therefore claim to be exhaustive. Despite the careful research undertaken in the preparation of this article, no liability can be accepted for its contents. The explanatory material contained herein is subject to changes resulting from amendments to regulatory or statutory provisions.