Breakthrough in the Blue Card complex parallel to the residence permit (LEA Berlin)

Imagine you're litigating a case before an administrative court, you win across the board, and even the opposing side officially admits they were wrong. You breathe a sigh of relief, firmly believing that justice has prevailed. But in the reality of Berlin's migration administration, for a long time this meant: nothing changes . What sounds like an excerpt from a Kafka novel was a bitter reality for many highly qualified professionals in the capital. It's about obtaining both an EU Blue Card and a permanent residence permit – an issue that goes far beyond bureaucratic intricacies. It was a test of the rule of law and a question of whether the administration's obligation to uphold law and justice , as stipulated in Article 20, Paragraph 3 of the Basic Law , still holds true in Berlin.

The unlawful blockade by the State Office for Immigration

The Berlin Administrative Court had already ruled with remarkable clarity on May 14, 2025 (Case No. 29 K 122/24) that the long-standing practice of the State Office for Immigration (LEA) was unlawful. For years, the authority insisted that an EU Blue Card automatically became invalid upon the granting of a settlement permit for skilled workers pursuant to Section 18c of the German Residence Act . In practice, this meant that those affected were deprived of their privileges under EU law. They were fobbed off with a mere notation on their electronic residence permit, which simply identified them as "former holders" of the Blue Card.

The court clearly rejected this practice: The EU Blue Card does not expire upon obtaining a national permit. It guarantees valuable mobility rights that cannot simply be consumed by a German residence permit. A skilled worker is legally entitled to both permits simultaneously, provided the respective requirements are met. However, despite this rebuke from the court and despite the fact that the LEA (State Office for Migration and Refugees) admitted the flaws in its own reasoning during the subsequent appeal proceedings before the Higher Administrative Court of Berlin-Brandenburg (Case No. 12 N 105/25), initially nothing happened . The authority ignored the court's ruling for months and continued to issue permits that contradicted the law.

Why the parallel qualifications for skilled workers are crucial

The legitimate question arises as to why a skilled worker needs two qualifications at all if their permanent residence permit already grants them indefinite residency in Germany. The answer lies in the European dimension of the modern working world. The EU Blue Card is far more than a mere sticker in a passport; it is a highly effective mobility certificate for the entire EU . It significantly facilitates cross-border postings, short-term business trips within the Union, and subsequent changes of employment to other member states.

Those forced to exchange this title for a purely national residence permit lose valuable privileges in the global competition for talent. Our law firm has consistently emphasized that the LEA (Local Immigration Office) actively curtails the professional freedom of those individuals whom we, as a society, actually want to keep in the country. However, an important legal distinction must be made: While the combination of an EU Blue Card and a residence permit under Section 18c of the German Residence Act (AufenthG) is permissible, its concurrent issuance with an EU long-term residence permit under Section 9a of the German Residence Act remains prohibited. Here, the provision of Section 19f Paragraph 1 No. 3 of the German Residence Act explicitly precludes simultaneous issuance.

The path via the supervisory authority complaint and the final success

Since dialogue with the authority and even clear court rulings initially failed to bring about a change in administrative practice, pressure was significantly increased. Dr. Sebastian Klaus, in particular , stood out with his tireless work. In addition to supporting a petition to the Berlin House of Representatives, he pursued a supervisory complaint to compel the higher-level Senate administration to take action. It could no longer be tolerated that a state authority operated independently, outside the bounds of judicial guidelines.

This effort is now bearing fruit . A recent statement from the Senate Department confirmed that the supervisory complaints filed by Dr. Klaus in October and November 2025 have been thoroughly reviewed. The result is a resounding victory for the rule of law: The Senate Department has instructed the LEA (State Office for Immigration and Asylum) to adjust its administrative practices. The so-called procedural guidelines for residence in Berlin (VAB) will now be officially amended. The unlawful practice will likely be discontinued sometime in February 2026, and the parallel issuance of residence permits will be established as the standard procedure. This finally implements what we have long demanded for our clients and what the courts have already ruled.

Conclusion: A victory for Berlin as a business location

In summary, overcoming this bureaucratic obstacle is an essential step for Berlin's attractiveness as a location for international experts . It is regrettable that massive legal pressure and supervisory complaints were necessary to compel an authority to comply with the law. However, the result is what counts: In the future, skilled workers will no longer have to fight for their EU mobility rights if they simultaneously want the security of a permanent residence permit . Our firm will be closely monitoring the process of the procedural guidelines being amended in February. For our clients, this means that the law has not only prevailed on paper, but is now finally being implemented in administrative practice.

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