Legal framework: Are the EU Blue Card and the ICT Card a “residence permit” or a “visa”?

Anyone dealing with German immigration law quickly encounters a confusing array of terms. Is the EU Blue Card a special type of visa ? Is the ICT Card a residence permit ? These terms are often used interchangeably , but from a legal perspective, this isn't entirely correct. The surprising answer is: neither. Both the EU Blue Card and the ICT Card are independent types of residence permits within the meaning of Section 4 of the German Residence Act (AufenthG ).

The hierarchy of terms: What is a residence permit?

To understand the structure, one must imagine the German Residence Act as a tree. The "trunk" is the residence permit. This term is the umbrella term for all documents that grant a non-EU citizen the right to reside in Germany. Separate from this is the system of residence cards for EU citizens under the Freedom of Movement Act.

According to § 4 para. 1 of the Residence Act, there are different types of residence permits :

1. The visa (for entry and short-term stays)

2. The residence permit (temporary, purpose-bound)

3. The EU Blue Card (for highly qualified professionals)

4. The ICT card (for employees transferred within the company)

5. The residence permit (indefinite)

6. The permit for permanent residence – EU (indefinite)

This means that, legally speaking, an EU Blue Card is a separate category alongside a residence permit and a visa . It is therefore not a "subcategory" of residence permit, but rather exists on the same hierarchical level. The same applies to the ICT card.

Reason for the difference between Blue Card/ICT Card and residence permit

The underlying reason for this legal independence lies in the origin of these titles: The EU Blue Card and the ICT Card are not purely German inventions, but are based on European directives (such as the Highly Skilled Workers Directive or the ICT Directive). While the classic residence permit is rooted in national German law and subject to the full sovereignty of the federal legislature, the Blue Card and the ICT Card follow their own logic under European law . The EU's goal was to create harmonized standards for the mobility of skilled workers that function across national borders.

This creates a unique system of operation: Many regulations, such as those concerning mobility within EU member states or family reunification, are directly mandated by Brussels. The German Residence Act often serves merely as a framework for transposing these EU regulations into national law. Since these titles thus belong to a higher-level European system, they must exist as separate categories alongside the traditional German Residence Act.

Practical significance of the difference

One might think this is mere semantics. However, this systematic classification has legal consequences. For example, many sections of the Residence Act state: "This provision applies to holders of a residence permit." Since the EU Blue Card and the ICT Card are separate titles , regulations that explicitly mention only the "residence permit" do not automatically apply to them – unless the law explicitly refers to them. The same, of course, applies in reverse (e.g., in Section 51 Paragraph 10 of the Residence Act). Despite the legal intricacies, the difference is insignificant for most people in everyday life. Why? Because the legislator has built "bridges" in many places . In most important practical matters, the EU Blue Card and the ICT Card are treated the same as a residence permit.