Blue Card reasons for rejection

If these reasons exist, the EU Blue Card may be refused.

Here you learn ...

when the Blue Card can be refused
what applies to the Blue Card and international protection
what applies to the Blue Card and asylum
how the title change works with the Blue Card

1. Reasons for rejection of the EU Blue Card

2. EU Blue Card international protection

3. Blue Card Asylum

4. Change EU Blue Card title

5. FAQ

6. Conclusion

1. EU Blue Card: Reasons for rejection, protection status, asylum and change of title

The EU Blue Card can be rejected if the legal requirements under Section 18g in conjunction with Section 19f of the Residence Act are not met. These include, in particular, the lack of an employment contract or a concrete job offer with a certain minimum salary, as well as insufficient qualifications of the applicant. Rejection is also legally permissible if there are doubts about the authenticity of the submitted documents or if an employment ban applies.

Furthermore, Section 19f Paragraph 1 lists specific groups of persons for whom the EU Blue Card is generally not applicable. These include, among others, persons with a protected status such as those granted asylum or recognized refugees, persons with a temporary suspension of deportation, and third-country nationals who hold a long-term residence permit in another EU country under the Permanent Residence Directive. These persons are excluded from the scope of the Blue Card because different residence regulations apply to them.

2. EU Blue Card and international protection

In particular, persons who have been granted international protection status in Germany or another EU member state are excluded from the EU Blue Card under Article 3 (2) (e) of Directive (EU) 2021/1883 . The German legislature has implemented this through Section 19f (1) No. 3. The aim of this regulation is to avoid overlaps with other residence permits and to limit the Blue Card to highly qualified labor migration. The legislature thus clearly distinguishes between refugee migration and labor migration .

Holders of long-term residency in another EU member state who wish to work in Germany are also not subject to the EU Blue Card regulations. Section 38a of the Residence Act generally applies to them, which allows residence for the purpose of employment under simplified conditions. The legislature has created a clear distinction between this and the Blue Card in order to maintain the system of residence permits.

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3. Blue Card and asylum

Persons who have applied for asylum in Germany are generally not entitled to receive an EU Blue Card while the application process is pending ( Section 10 of the Residence Act ). Only after the asylum procedure has been completed, and only if no protection status has been granted or if the status has been renounced, can a change to a residence permit under Section 18g of the Residence Act be considered. The Blue Card is a residence permit for gainful employment and therefore requires that no prior residence procedure, such as an asylum procedure, is pending.

If a person has been recognized as a refugee under the Geneva Convention , they are also not eligible for an EU Blue Card. Such beneficiaries are expressly excluded from the scope of application by Section 19f, Paragraph 1. The aim of this regulation is to separate the migration law systems for asylum seekers and labor migrants and to avoid parallel procedures.

4. Title change with the EU Blue Card

A direct switch from a humanitarian residence permit to the EU Blue Card is therefore legally impossible. This means that anyone currently living in Germany for humanitarian reasons cannot apply directly for the EU Blue Card. However, this does not mean that the path to the Blue Card is fundamentally closed. A common strategy, for example, is to first apply for a different residence permit, such as one under Section 18b Paragraph 1 of the Residence Act for academic professionals . Once this permit has been approved, it is possible to apply for the EU Blue Card in a second step . In this case, the switch is no longer made directly from humanitarian protection, but from a regular residence permit – which is legally permissible.

This procedure is frequently used by the Berlin State Office for Immigration (LEA), particularly in Berlin, for example, with applicants from Ukraine. There, it is possible to obtain the EU Blue Card through this interim step – provided the professional and formal requirements are met. It is important to note: This practice may be rejected in other federal states or by other immigration authorities. Therefore, there is no nationwide standardized procedure, and success often depends on the discretion of the authority. Therefore, thorough preparation and, if necessary, legal advice are recommended.

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5. FAQ Humanitarian Reasons Blue Card

Can you get an EU Blue Card with a protection status?
No. Recognized beneficiaries of protection—such as refugees or those granted subsidiary protection—are legally excluded from the scope of the Blue Card. However, there are exceptions and special regulations. If in doubt, you should consult a lawyer.

Does the EU Blue Card also apply to asylum seekers?
No. While the asylum procedure is ongoing, the issuance of a Blue Card is often excluded. An application can only be reviewed after the procedure has been completed and without protection status.

Is it possible to switch from another residence permit to the Blue Card?
Yes, provided all requirements under Section 18g are met. Another residence permit can then be applied for as an "intermediate step" to the EU Blue Card.

6. Conclusion Blue Card legal grounds for rejection

The EU Blue Card is a central residence permit for highly qualified professionals. However, its issuance may be legally excluded in several cases. This particularly applies to persons with protection status, an ongoing asylum procedure, or an existing long-term residence permit in another EU country. A change of permit is only possible if the special statutory exclusion grounds do not apply and all requirements are met. Therefore, an early assessment of individual requirements is essential for employers and applicants.