Case study: Blue Card with Section 24 Residence Act
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A. Facts
What had happened?
The client, a Ukrainian citizen , entered Germany during the Russian war of aggression against Ukraine. She was granted a residence permit for temporary protection under Section 24 of the Residence Act (AufenthG) . The client holds a university degree in linguistics recognized in Ukraine.
After successfully integrating into Germany, the client took up a qualified position at a consulting firm in Berlin. After successfully completing her probationary period, her employer offered a salary increase, which meant her salary exceeded the relevant threshold for issuing an EU Blue Card pursuant to Section 18g of the Residence Act . The client subsequently applied to the State Office for Immigration (LEA) for an EU Blue Card (Section 18g of the Residence Act). She submitted all necessary documents and stated that she met all legal requirements.
However, the State Immigration Office informed the client of its intention to reject the application. This was justified by reference to Section 19f Paragraph 1 of the Residence Act , which states that existing residence permits under Section 24 of the Residence Act may not be converted to an EU Blue Card. However, the client was not satisfied with this. The client, who already had German language skills at level B1, feared the risk of deportation in the event of a possible non-extension of the Temporary Protection Status (TPS) for Ukrainians. She therefore retained a specialized lawyer to represent her interests.
B. Legal solution
How did the VISAGUARD lawyer resolve the case?
The appointed lawyer initially contacted the State Office for Immigration and argued that Section 19f Paragraph 1 of the Residence Act did not necessarily have a blocking effect in the specific case. He pointed to the systematic interpretation and the meaning and purpose of the provision, according to which a transition to regular residence status may be necessary in individual cases, particularly for well-integrated, qualified professionals. However, the State Office remained unconvinced. In a letter of hearing, the authority stated that it intended to reject the application for an EU Blue Card.
In light of this attitude, the lawyer changed his strategy: He applied for a residence permit for academic professionals for his client under Section 18b Paragraph 1 of the Residence Act . This residence permit can also be granted to persons who previously held a residence permit under Section 24 of the Residence Act, since Section 19f of the Residence Act excludes only certain residence permits, not all. The State Office for Immigration granted this application and granted the client a residence permit under Section 18b Paragraph 1 of the Residence Act.
After receiving the new plastic card, the lawyer immediately reapplied for the EU Blue Card. The argument was that the client was no longer in the status defined in Section 24 of the Residence Act and was therefore no longer barred from obtaining the EU Blue Card under Section 19f of the Residence Act. The State Immigration Office followed this new argument and issued the EU Blue Card. The client was subsequently able to benefit from the significantly improved conditions of the Blue Card, particularly with regard to the simplified settlement permit (Section 18c Paragraph 2 of the Residence Act).
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C. Conclusion
What can we learn from this case?
This case exemplifies the complex interplay between various residence permits and the legal blocking effects of Section 19f of the Residence Act. A direct switch from a residence permit under Section 24 of the Residence Act to an EU Blue Card is generally impossible. However, through clever legal structuring and the interposition of a residence permit under Section 18b Paragraph 1 of the Residence Act, the blocking effect could be circumvented.
The case study underscores the importance of a differentiated and strategic approach to residence law and the need to develop individual solutions while taking administrative practice into account. It also demonstrates that well-integrated, highly qualified refugees can obtain a stable and long-term residence permit in Germany with appropriate legal support.
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