Blue Card and settlement permit without a job – is that possible?
- Mirko Vorreuter, LL.B.
- 2 days ago
- 3 min read
Many skilled workers who have come to Germany with an EU Blue Card are at some point faced with the question of whether they can obtain a settlement permit even without a current job. This question arises particularly frequently when a termination is imminent or has already been announced. Many people only start thinking about their residence permit and possible ways to stay in Germany permanently when they fear losing their work visa.
In principle, a settlement permit is a permanent residence permit. According to Section 5, Paragraph 1, No. 1 of the Residence Act (AufenthG), it requires that the applicant 's livelihood is secure – and sustainable. This generally means: passing the probationary period, having a permanent employment contract, and sufficient income to cover rent, insurance, and living expenses. In addition, the law requires that skilled workers (without a Blue Card) have a permanent job (Section 18c, Paragraph 1, No. 2 of the Residence Act).
Special arrangements for EU Blue Card holders
However, there is a special legal feature for holders of the EU Blue Card that many affected persons are unaware of: The special settlement permit under Section 18c Paragraph 2 of the Residence Act does not explicitly require the holder of a job . Rather, the wording of the law stipulates that the person concerned must be a Blue Card holder – regardless of whether an employment relationship currently exists. However, there are quite a few cases in which the Blue Card is still valid even though the employment relationship no longer exists.
This means that someone who, for example, has lost their job but still holds a valid Blue Card may still be able to apply for a settlement permit. This is provided that the immigration authorities have not revoked or limited the Blue Card after learning of the termination . In this case, the Blue Card formally continues to exist, and thus the possibility of applying for a settlement permit on this basis also remains.
Main problem: proof of livelihood
Even though a job isn't mandatory for obtaining a settlement permit with a Blue Card, the main obstacle to obtaining a settlement permit without a job remains proof of financial security . The law requires sustainable financial security—that is, true financial independence. When applying for a settlement permit, proof of secure livelihood is usually provided by submitting an employment contract. Those who no longer have a job must provide other evidence of this security.
In practice, this means that applicants must be able to prove that they have sufficient resources of their own to cover their living expenses without state support. A guideline here is at least approximately €250,000 in available assets or unencumbered real estate if there is no employment contract. Income from investments or rental income may also be considered if necessary. Whether a person's livelihood can be sustainably secured without a job, however, is a matter of individual circumstances, which must be assessed separately by an expert for each application .
Conclusion: Residence permit Blue Card without a job
Under certain conditions, EU Blue Card holders can obtain a settlement permit even without a current job. However, if you, as a Blue Card holder, wish to apply for a settlement permit without a job, you must meet the following requirements :
EU Blue Card has not yet been revoked by the immigration authorities.
A livelihood can be sustainably secured even without a job (e.g. assets over 250,000 euros).
Due to the complicated interpretation by many immigration authorities and the risk of an unlawful rejection notice, a specialized lawyer should always be consulted in such cases. In cases of doubt, a settlement permit without a job often even has to be enforced in court.
