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Case study: Blue Card with Section 24 Residence Act
Practical tip from a lawyer: How can Ukrainians obtain a Blue Card under Section 24 of the German Residence Act?
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June 15, 2026
What is the problem with Ukrainians with temporary protection applying for a Blue Card?
The EU Blue Card cannot be applied for if the applicant holds a humanitarian residence permit (Section 19f, Paragraph 2, No. 2 of the German Residence Act). Ukrainian nationals have a humanitarian residence permit (Section 24 of the German Residence Act).
Ukrainian nationals are therefore generally unable to apply for an EU Blue Card (even if they meet the other requirements).
In this blog post we explain how Ukrainian nationals may, under certain circumstances, still be able to obtain the EU Blue Card with § 24 of the German Residence Act.
Here's how lawyers solve the problem:
One solution proposed by lawyers to the problem is to first apply for a different residence permit.
The law only states that the EU Blue Card cannot be issued if one has a humanitarian residence permit "at the moment of issuance".
For example, a Ukrainian citizen with a residence permit under Section 24 of the Residence Act can first apply for a residence permit under Section 18b of the Residence Act, and once they have a residence permit under Section 18b of the Residence Act, they can apply for the Blue Card.
This "trick" is particularly accepted by the Berlin immigration office (State Office for Immigration). However, it does not work at all immigration offices.
A. Facts
What had happened?
The client, a Ukrainian national , entered Germany during the Russian war of aggression against Ukraine. She was granted a residence permit for temporary protection under Section 24 of the German Residence Act (AufenthG) . The client holds a university degree in linguistics recognized in Ukraine.
Following successful integration in Germany, the client took up qualified employment at a consulting firm in Berlin. After successfully completing her probationary period, her employer offered her a salary increase, which caused her salary to exceed the relevant income threshold for the issuance of an EU Blue Card pursuant to Section 18g of the German Residence Act (AufenthG ). Consequently, the client applied to the State Office for Immigration (LEA) for an EU Blue Card (Section 18g AufenthG). She submitted all required documents and confirmed 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 generally cannot 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 view of the 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 mandatory blocking effect in this specific case. He referred to the systematic interpretation as well as the purpose of the regulation, according to which a transition to regular residency rights might be warranted in individual cases, particularly for well-integrated, qualified professionals. The State Office, however, remained unconvinced. In a letter regarding a hearing, the authority stated its intention to reject the application for an EU Blue Card.
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In light of this stance, the lawyer changed his strategy: He now applied for a residence permit for academic professionals on behalf of his client, pursuant to Section 18b Paragraph 1 of the German Residence Act (AufenthG ). This residence permit can also be granted to individuals who previously held a residence permit under Section 24 of the German Residence Act, since Section 19f of the German Residence Act only excludes certain residence permits, not all. The State Office for Immigration granted this application and issued the client a residence permit pursuant to Section 18b Paragraph 1 of the German Residence Act.
After receiving the new plastic card, the lawyer immediately reapplied for the EU Blue Card. The argument was now that the client was no longer subject to the restrictions of Section 24 and therefore no longer barred from receiving the EU Blue Card under Section 19f of the German Residence Act. The State Office for Immigration accepted 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 regarding the simplified settlement permit (Section 18c Paragraph 2 of the German Residence Act).
C. Conclusion
What can be learned from this case?
This case exemplifies the complex interplay between different residence permits and the legal restrictions imposed by Section 19f of the German Residence Act (AufenthG). A direct transition from a residence permit under Section 24 of the Residence Act to an EU Blue Card is generally impossible. However, through skillful legal structuring and the interposition of a residence permit under Section 18b Paragraph 1 of the Residence Act, this restriction 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.