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Case study: EU Blue Card (qualification context)

Practical tip from a lawyer: How do you prove that there is a connection between your job and your studies?

What is the problem with the connection between work and studies in the context of the EU Blue Card?

  • A "qualification relationship" exists when there is a connection between the learned activity (e.g., during studies) and the job.

  • Most skilled worker visas (e.g., § 18b) no longer require proof of qualifications since the last reform. Only the Blue Card still requires proof of qualifications.

  • In practice, the qualification relationship is often questioned when a specific job (e.g., compliance officer) is to be performed in conjunction with a general course of study (e.g., business administration).

Here's how lawyers solve the problem:

  • In dealings with the authorities, it should first be pointed out that, according to case law, the qualification connection is already established if the knowledge acquired during studies is applied "at least indirectly." The activity to be performed, therefore, does not have to have been the main focus of the studies.

  • The fact that the job content was learned, at least indirectly, can be proven by submitting academic transcripts. For example, if a law lecture was attended during a business administration degree, that is sufficient to perform the duties of a compliance officer.

  • Another option is to amend the employment contract or to adapt the job description/job description.


A. Facts

What had happened?

The client, a highly qualified analyst from the United Kingdom , was to take up a position in compliance at a financial services company based in Frankfurt am Main. His application to the German Embassy in London for a visa for the purpose of employment using an EU Blue Card (Section 6 of the Residence Ordinance in conjunction with Section 18g of the Residence Act ) was rejected. The embassy reasoned that there was no sufficient connection between the applicant's recognized university degree and the intended employment in Germany (so-called qualification connection, Section 18g Paragraph 1 Sentence 1 of the Residence Act).

According to the embassy, a qualification connection can only be affirmed if the knowledge acquired during the course of study is at least indirectly necessary for carrying out the intended activity. This is not the case here, as the completed studies in information technology and mathematics are not considered sufficient qualifications for a position in the compliance department of a financial services company.


Given that the individual in question was a highly skilled worker whose short-term employment was of considerable importance to the company, the employer engaged an independent lawyer from VISAGUARD to conduct a legal review and initiate appropriate legal remedies against the embassy's rejection.

B. Legal solution

How did the VISAGUARD lawyer resolve the case?

Our appointed lawyers immediately contacted the responsible diplomatic mission and filed an appeal against the rejection notice. As a result, the appeal proceedings were initiated. During these proceedings, the appointed lawyer argued, in particular, that according to established case law of the highest courts, even an "indirect qualification" is sufficient to establish the connection between the qualifications. It is therefore not necessary for the completed course of study to be entirely focused on the activity performed; rather, at least a partial overlap in content between the studies and the professional activity is sufficient (see Higher Administrative Court of Bautzen, judgment of February 11, 2021 – 3 A 973/19).

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To further substantiate the claim, the client's Diploma Supplement was submitted, which showed that the applicant had also attended some legal courses as part of his studies. This documented knowledge, supplemented by the client's other qualifications, was sufficient to adequately qualify him for a position in the compliance department of the financial services provider.


Furthermore, the lawyer, by way of an amendment to his application, requested not only an EU Blue Card but also a residence permit pursuant to Section 18b of the German Residence Act (AufenthG) ( residence permit for academic professionals ). Unlike the EU Blue Card, the residence permit under Section 18b of the German Residence Act does not require a direct qualification link between studies and employment. Proof of a recognized university degree is sufficient, without any requirement of substantive connection to the specific job.


As a result, the remonstration was upheld based on the aforementioned arguments of the lawyer, the EU Blue Card was granted, and the client was able to commence his work as a compliance officer at the financial service provider in due time.

C. Conclusion

What can be learned from this case?

The present case vividly illustrates that applying for a national visa is a complex and multifaceted process. The visa application is not merely a matter of submitting the application itself, but rather derives its legal effect primarily from the accompanying documents. While German diplomatic missions abroad generally only require the submission of certain standard documents, this approach is regularly insufficient in cases that deviate from the norm.

Therefore, at least a basic understanding of residence and visa law is necessary to assess, in a specific case, what evidence is required to substantiate the application. In the present case, the submission of the Diploma Supplement was particularly appropriate to disclose to the diplomatic mission the legally relevant fact that the employee had acquired legal knowledge during his studies, which he would apply in his intended work at the financial services provider.


Furthermore, the supplementary application for a residence permit pursuant to Section 18b of the German Residence Act (AufenthG) proved crucial. The reason for this is that the issuance of an EU Blue Card requires a direct link between the university degree and the employment held. However, for a residence permit under Section 18b of the German Residence Act, such a link is unnecessary; proof of a recognized academic degree is sufficient, regardless of the specific job performed.

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