§ 19c: Which periods count towards a residence permit with a Blue Card?

In my legal practice, I repeatedly encounter a very typical situation: Highly qualified professionals come to Germany not with a Blue Card, but initially with a residence permit under Section 19c of the German Residence Act . This particularly often affects US or British nationals. Many of these individuals would, in principle, be entitled to an EU Blue Card from the outset .

The reason for this detour is rarely a lack of qualifications, but rather the practicalities of the visa process. A residence permit under Section 19c of the German Residence Act is often easier and faster to obtain because it does not require proof of a formally recognized university degree . Relocation agencies and employers therefore frequently choose this route deliberately. German embassies and consulates regularly issue such visas, as the review process is significantly less complex than for the Blue Card.

Later switch to the Blue Card

In many cases, the switch to an EU Blue Card only occurs after entry into Germany. As soon as the person concerned appears at the immigration office and the requirements are met, their residence permit is converted into an EU Blue Card according to Section 19c of the German Residence Act . At this point, a crucial question arises for those affected: What periods of residence actually count towards the permanent residence permit for Blue Card holders? Because residence in Germany often extends over a considerable period, this question is of enormous practical importance. It is not a theoretical detail, but rather a matter of gaining access to permanent residency months or even years earlier.

The legal wording is unambiguous.

Looking at the law, specifically Section 18c Paragraph 2 of the German Residence Act (AufenthG ), the answer is actually quite clear. The provision requires that the foreign skilled worker holds a Blue Card and has " been employed in accordance with Section 18g for 21 or 27 months." The crucial point, however, is precisely what the law does not require. The wording does not stipulate that the Blue Card must have been held for the entire duration of these 21 or 27 months . The sole determining factor is that qualified employment, as defined by the Blue Card, was pursued during this period. Whether this employment was initially based on a residence permit under Section 19c of the Residence Act is irrelevant according to the wording of the law. Legally, this means that periods with a Section 19c residence permit can be credited towards the employment period relevant for a permanent residence permit, provided that the work performed during the Section 19c residence permit met the substantive requirements of a Blue Card (particularly regarding the minimum salary).

Permanent residence permit possible immediately after the change of address

Consequently, it can be perfectly permissible to switch from a residence permit under Section 19c of the German Residence Act (AufenthG) to an EU Blue Card and immediately afterwards apply for a permanent residence permit for Blue Card holders . The previously completed periods of employment are fully taken into account, even if the Blue Card was only issued at the very end. For many skilled workers, this is a real game-changer. Those who have worked in Germany for several years with a Section 19c permit do not have to "recalculate" another 21 or 27 months, but can take the next step regarding their residency status immediately .

Inconsistent administrative practice Blue Card § 19c Establishment

As clear as the wording of the law is, the practice of immigration authorities is unfortunately inconsistent . Some authorities take the view that only periods during which a Blue Card was formally issued should be counted. However, this interpretation has no legal basis and leads to an unjustified disadvantage for skilled workers who initially entered the country under Section 19c for purely practical reasons. In our legal practice at VISAGUARD, we have successfully resolved this issue on numerous occasions . With sound legal arguments and reference to the unambiguous wording of Section 18c Paragraph 2 of the German Residence Act (AufenthG), the crediting of periods granted under Section 19c can be enforced – even against an initial refusal from the authorities.

Conclusion from a legal perspective

Those who initially worked in Germany with a residence permit under Section 19c of the German Residence Act and later switch to a Blue Card do not automatically have to accept a delay in obtaining a permanent residence permit. The law explicitly allows for these periods to be credited towards the required permit. The decisive factor is not the formal permit, but the actual qualified employment performed. It is precisely in such situations that the importance of a precise legal review becomes clear . For many skilled workers, it can mean the difference between years of uncertainty and a swift path to permanent residency.