Blue Card Change of Employer

How to change employers with the EU Blue Card (explanation from a lawyer).

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How to change employers with the Blue Card
what is required to change employers with a Blue Card
how to apply to change employer
Change of employer Blue Card in Berlin

Table of Contents

1. Changing employers with the EU Blue Card (Berlin)

2. What happens if the immigration authorities suspend the transfer?

3. Legal steps in case of suspension of the job change

4. Revocation and limitation: When the residence permit is at risk

5. FAQ Change of employer Blue Card

6. Conclusion Change of employer Blue Card

1. Changing employers with the EU Blue Card (Berlin)

Since the reform of the Residence Act of November 18, 2023, holders of an EU Blue Card no longer require a permit to change jobs ( Section 18g, Paragraph 4 of the Residence Act ). This simplification applies from the first day, but with one restriction: Within the first twelve months after starting work, the immigration authorities can suspend the change for up to 30 days and, if necessary, reject it if the Blue Card requirements—such as the required minimum salary—are not met (permit subject to a prohibition).

Important: Anyone who changes employer or is dismissed within these twelve months is required to report any changes to the immigration authorities. In Berlin, notification of a job change with the EU Blue Card is done, for example, via the website of the State Office for Immigration (LEA) . Failure to notify or late submission of the notification may result in the Blue Card being revoked ( Section 52 (2b) Sentence 1 No. 2 of the Residence Act ). The notification period is two weeks ( Section 82 (6) of the Residence Act ). The starting point for the notification period is knowledge of the unemployment – not the actual end of the employment relationship.

2. What happens if the immigration authorities suspend the transfer?

The option to suspend employment serves to protect the legal requirements of the EU Blue Card. Within the 30-day period, the immigration authorities will review whether the new job meets the legal requirements . This period begins as soon as the authorities notify the worker of the suspension. To ensure legal certainty, the employer and the skilled worker should jointly report the change and push for a timely decision.

A suspension of a job change with an EU Blue Card can have serious consequences: During this period, the new job cannot be taken up . Skilled workers and companies must bridge the gap, for example, through paid or unpaid leave.

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3. Legal steps in case of suspension of the job change

The authority’s decision to suspend or reject is an administrative act and thus legally contestable with an action for annulment (see Section 42 of the Administrative Court Act (VwGO ). Professionals can file an objection or bring an action within the statutory deadlines. Such legal remedies have suspensive effect . This means: The rejection has no immediate effect until a decision has been made on the objection or the action.

In making its decision, the authority must also consider the economic consequences for the skilled worker and the company. The principle of proportionality applies: If there are doubts about whether the requirements are met, a less lenient measure than suspension should be chosen first. A thorough hearing is necessary in all cases to clear up any misunderstandings (see Section 28 of the Administrative Procedure Act ).

4. Revocation and limitation: When the residence permit is at risk

A change of employer alone does not automatically lead to the loss of the EU Blue Card. However, the card can be revoked if essential requirements are no longer met or legally required notifications are not made (see Section 52 (2b) of the Residence Act ). This also applies after the expiration of the twelve-month period. The basis for this is Section 52 (2b) of the Residence Act, introduced with the 2023 reform.

However, revocation is not the only option. In certain cases, the Blue Card can be subsequently limited in time . This is particularly relevant if the employment relationship ends and the skilled worker is temporarily unemployed. As long as the unemployment lasts no longer than three months, the Blue Card remains valid. If the unemployment lasts longer, an Opportunity Card must be applied for. Securing a livelihood—for example, through unemployment benefits—and the prospect of new employment then play an important role in the official decision.

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5. FAQ Changing employers with the Blue Card

Can I change employers immediately with the EU Blue Card?
Yes, as of November 18, 2023, an official application is no longer required. However, within the first 12 months, the immigration authorities can suspend the transfer for up to 30 days if there are doubts about the requirements (Section 18g, Paragraph 4 of the Residence Act).

Do I still have to report the change?
Yes. Within the first 12 months, you are required to report any changes—such as termination or transfer—to the immigration authorities within two weeks (Section 82 (6) of the Residence Act). In Berlin, for example, this can be done online via the LEA website.

What happens if I miss the deadline?
If the notification is made late or not at all, this may lead to the revocation of your EU Blue Card (Section 52 (2b) Sentence 1 No. 2 of the Residence Act). The start of the period is the date on which you learned of your unemployment.

6. Conclusion Blue Card change of employer

Changing employers with the EU Blue Card has become significantly easier since the 2023 legal reform – particularly due to the elimination of the permit requirement. However, registration obligations remain, especially within the first year of starting work. Anyone who fails to comply with these obligations or does not meet the legal requirements risks having their Blue Card revoked. In the event of a suspension or rejection of the change, legal protection mechanisms exist that those affected should actively utilize. Forward-looking planning and timely registration are therefore crucial to securing residency status.