EU Blue Card: When is the approval of the Federal Employment Agency required?

The EU Blue Card is a popular residence permit for highly qualified professionals from non-EU countries who wish to work in Germany. It offers many advantages, including an accelerated procedure, better opportunities for family reunification, and faster access to permanent residence. In certain cases, the Blue Card requires approval from the Federal Employment Agency (BA) . We explain here in a clear and legally sound manner when this is required, what exactly is checked, and what applicants need to be aware of.

When do you not need the Federal Agency’s approval for the EU Blue Card?

In many cases, the EU Blue Card is issued directly by the immigration authorities or embassy – without involving the Federal Employment Agency. This is always the case when the legislature does not assume that an official review of the employment contract is necessary . This is the case, for example, when:

• a university degree is available,

• it is not a shortage occupation (e.g. not in nursing, construction or IT), and

• the regular – i.e. higher – salary limit is reached (“large” EU Blue Card).

In such cases, the process is usually quick and smooth. A particularly practical feature is that those who meet these requirements automatically avoid other screening requirements, such as the temporary employment ban enshrined in Section 40 Paragraph 1 No. 2 of the Residence Act .

When is consent required?

However, there are versions of the EU Blue Card that require approval from the Federal Employment Agency. This applies to Blue Card cases with a lower salary (the "small" Blue Card). Approval from the Federal Employment Agency is therefore required in the following cases:

1. Career starters with a German degree

   Anyone who graduated from a university in Germany and applies for a Blue Card within three years of graduation is considered a career starter. If they take advantage of the lower salary threshold for career starters, the BA still has to approve it – even if they have a German degree.

2. Employment in a shortage occupation

   Skilled workers who want to work in so-called shortage occupations (such as nursing, engineering, or IT) can also apply for a Blue Card with a lower salary. However, in this case, the Federal Employment Agency (BA) must approve it – regardless of where the qualification was obtained.

3. IT specialists without a degree

   Special rules apply to experienced IT specialists without a university degree. They can receive a Blue Card—but only with the approval of the Federal Employment Agency.

What does the Federal Employment Agency check?

When reviewing employment contracts for the Blue Card, the Federal Employment Agency ensures that fair working conditions are in place. The focus is on the following questions:

• Is the salary market-standard and legal?

• Are labor law standards adhered to?

• Have all formal labor and social security regulations been complied with?

Incidentally, the priority of German or European applicants is generally no longer checked for the Blue Card (so-called priority check) – so this point usually no longer plays a role.

Conclusion: Check early, act in time

Whether approval from the Federal Employment Agency is required to apply for the EU Blue Card depends on the individual case – that is, on the degree, professional experience, salary, and professional field. If you are unsure, you should seek legal advice in a timely manner to avoid delays or rejections. VISAGUARD is happy to assist you – in reviewing the requirements and preparing your application for the EU Blue Card.