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EU Blue Card

Lawyer explains: All information about the EU Blue Card according to Section 18g of the Residence Act (AufenthG).

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On this page you will learn:
  • From a lawyer's point of view, the most frequent problems with the Blue Card are time pressure during the application process , when changing employers, and in the event of job loss.

  • that the Blue Card is generally a very welcome residence permit, as the Blue Card is often highly privileged in administrative procedures and the authorities treat applications for a Blue Card with priority .

  • that it makes sense to hire a lawyer to apply for the EU Blue Card if the application process is to be as quick, legally sound and problem-free as possible .

  • Our law firm offers comprehensive advice and representation regarding the EU Blue Card. We would be happy to apply for the EU Blue Card on your behalf.

  • that by applying for the EU Blue Card through our law firm, a response within 48 hours of the request is guaranteed and that we offer a premium service with a strong service mentality.

Table of Contents

1. Most common problems with the EU Blue Card

2. These points are particularly important when applying for the EU Blue Card.

3. Should I hire a lawyer to apply for the EU Blue Card?

4. VISAGUARD services related to the EU Blue Card

5. Why VISAGUARD for the EU Blue Card?

6. FAQs and online resources on the EU Blue Card

1. Most common problems with the EU Blue Card

From a legal perspective, the following topics are particularly relevant in practice when applying for an EU Blue Card:

2. These points are particularly important when applying for the EU Blue Card.

The Blue Card is an extremely desirable residence permit, as it is generally handled very generously by the authorities. While humanitarian residence permits or family reunification applications are often processed slowly or not at all, the authorities are usually very keen to process Blue Card applications quickly and professionally . Therefore, one often encounters a high degree of cooperation from the authorities when applying for an EU Blue Card. Accordingly, it is advisable not to proceed aggressively with the EU Blue Card (e.g., by filing an action for failure to act), but rather to proactively escalate stalled procedures internally within the authorities. A cautious approach is often more promising than an aggressive one when dealing with Blue Card applications.

3. Should I hire a lawyer to apply for the EU Blue Card?

Hiring a lawyer for the EU Blue Card is particularly advisable if the process needs to be quick, smooth, and legally sound . Generally, you shouldn't expect significant resistance from the authorities when applying for an EU Blue Card. However, this doesn't guarantee that considerable delays due to administrative or communication errors won't occur. A lawyer can be helpful in reviewing the requirements and documents beforehand, communicating directly with embassies (legal representation), and proactively advising both employees and employers. Compared to other residence permits, the EU Blue Card places a strong emphasis on the service aspect of legal representation to ensure a smooth process.

Applying for an EU Blue Card (visa or residence permit) usually costs €1,500 - €2,000 net at specialized boutique law firms.

4. VISAGUARD services related to the EU Blue Card
We offer the following services related to applying for the EU Blue Card:

  • Legal representation before the authorities to obtain the EU Blue Card as quickly as possible and to ensure a smooth process.

  • Implementation of the accelerated skilled worker procedure , if requested by the applicant (or employer).

  • Evaluation to determine whether applicants meet all requirements for the EU Blue Card ( video call with applicants )

  • Review of documents to check whether the existing documents (formal and substantive) are sufficient for an application for the EU Blue Card.

  • Legal representation before immigration authorities and embassies (or consulates) when applications are “stuck” (e.g., when no appointment is available or the embassy no longer responds)

  • Legal challenges to rejection notices when the EU Blue Card application has been rejected

  • Certificate evaluation via ZAB/Anabin, if the university degree needs to be recognized for applying for the EU Blue Card

  • Compliance consulting for employers on the employment of foreign employees with an EU Blue Card (including the drafting of employment contracts)

  • Legal support regarding family reunification for holders of the EU Blue Card

  • Legal support regarding residence permits with an EU Blue Card

  • Legal support when changing employers or changing the purpose of employment (e.g., after unemployment) with the EU Blue Card

  • General legal advice on the topic of the Blue Card (e.g., regarding reasons for expiry)

5. Why VISAGUARD for the EU Blue Card?

The law firm VISAGUARD.Berlin specializes in labor migration for highly qualified professionals. Our lawyers, certified specialists in immigration law, have applied for thousands of Blue Cards and are familiar with the specific obstacles and pitfalls of dealing with the authorities. We know how, when, and where applications should be submitted, how long the processing times are, and what to do if an application gets stuck (e.g., because no appointment is available). If necessary, our extensive litigation experience allows us to enforce your right to a Blue Card before the administrative courts.

 

VISAGUARD.Berlin also stands out due to its exceptional service quality . With us, applicants are not just one of thousands of cases, but individuals with legitimate service expectations. Applicants don't speak to secretaries or administrative staff; instead, a lawyer is always available. Our lawyers respond to inquiries within 48 hours and are also available for video calls or phone consultations. We define ourselves not only as a specialized law firm, but above all as a service provider committed to excellence.

Blog article about the EU Blue Card

Court rulings on the EU Blue Card

  • Vocational training qualifications are only considered equivalent if the equivalence has been established by the competent authority in a recognition procedure (VG Bremen, judgment of 04.11.2021, 4 K 2794/19).

  • The profession of dentist is a suitable qualification for a position as authorized signatory (Saxony Higher Administrative Court, judgment of 11.2.2021, 3 A 973/19, juris, para. 27 ff).

  • For training to be appropriate to their qualifications, it is sufficient if the skilled worker with academic training, regardless of the field of study, needs the knowledge acquired through university education at least partially or indirectly for their employment (OVG Bautzen, judgment of 11.02.2021 - 3 A 973/19).

  • The EU Blue Card and the residence permit are not mutually exclusive, but can be issued concurrently (VG Dresden, judgment of 19.11.2020 - 3 K 1477/18).

FAQ EU Blue Card (Overview)

Which scenarios appear at first glance to be straightforward EU Blue Card applications, but in practice frequently develop into problematic cases?

Cases in Africa and Asia are generally problematic. A small or unknown university can also pose a challenge for recognition. Unusual compensation models (such as variable pay) can also present an issue.

 

What are the most common mistakes employers make when preparing an EU Blue Card application, even though they already have experience with international professionals?

In some cases, the processing times are underestimated, or applications are submitted directly in Germany, or the formal requirements, such as recognition, are not properly checked.

 

What differences do you observe in the processing of Blue Card applications between different German embassies or immigration authorities?

Processing times and formal requirements vary considerably from authority to authority.


Can I work as a self-employed person or freelancer with the Blue Card?

No, the EU Blue Card is intended for dependent employment (i.e., an employment relationship). If you want to start a business, you generally need to apply for a residence permit for self-employment. However, in some German states, a freelance permit is also issued with the Blue Card. This is the case if your Blue Card includes the supplementary provision "Employment permitted".

 

How long am I allowed to stay abroad with the Blue Card?

Generally, residence permits expire after an absence of six months. The Blue Card is an exception, allowing for an absence of up to 12 months.

 

How long is the Blue Card valid for?

The Blue Card is generally issued for the duration of the employment contract plus three months. However, the maximum validity period is four years.

 

Is my Blue Card from another country also valid in Germany?

No, the Blue Card is generally only valid in the country where it was issued. However, it is possible to enter Germany with the Blue Card and have it recognized here as an EU Blue Card.

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