Permanent residence permit despite previous employment without an EU Blue Card: The practice of the Karlsruhe immigration office

Anyone involved in the Skilled immigration as highly qualified professionals skilled worker from the USA , People from Great Britain or Canada who come to Germany usually know their goal exactly: a permanent residence permit as soon as possible. The EU Blue Card promises exactly that – a permanent residence permit after just 27 or 21 months, instead of the usual five years. But what happens if the Was the EU Blue Card not available from the outset, but was the employment initially based on a different residence permit? We recently asked precisely this question in a case before the The immigration office in Karlsruhe clarified the matter – with a positive result for the client, which shows how this authority specifically interprets the regulation.

What exactly does Section 18c Paragraph 2 of the Residence Act regulate?

Section 18c paragraph 2 of the Residence Act grants holders of a The EU Blue Card offers a significantly shortened path to a permanent residence permit: 27 months with basic German skills (A1), 21 months with German skills at B1 level. One requirement is that contributions to the statutory pension insurance have been paid during this period and that... A secure livelihood through appropriately paid employment as defined in Section 18g of the German Residence Act (AufenthG) was required. For 2026, the relevant salary threshold is €50,700 gross per year or €4,225 gross per month; for shortage occupations and recent graduates, €45,934.20 gross per year is sufficient. This timeframe is among the shortest pathways to obtaining a permanent residence permit in Germany.

How long must the EU Blue Card actually have been held?

This is where the real point of contention begins, one that we are increasingly confronted with in our practice: Must the person concerned formally hold a [certificate/legal status] for the full 27 or 21 months? Did she have to have an EU Blue Card ? Or is it sufficient if she actually performed an employment during this period for which a Blue Card was required? An EU Blue Card could have been issued – even if formally another residence permit, such as a Residence permit pursuant to Section 18b of the Residence Act for Were there any qualified professionals with academic training available?

This situation affects a surprisingly large number of cases in practice: processing times at Immigration authorities and foreign missions often lead to a situation where... The specialist performs their work based on a previously signed contract. The employment contract is initially recorded under a different title before the The EU Blue Card will actually be issued. Anyone who misses this lead time risks losing valuable months on the way to obtaining a permanent residence permit.

How does the Karlsruhe immigration office handle this legal question?

Following internal coordination with the Karlsruhe Regional Council, the Immigration Office Karlsruhe communicated a position based on an assessment by the Federal Ministry of the Interior, which was previously unknown to us in published form: According to this position, it is sufficient if the person concerned actually possessed a EU Blue Card holder, or if she was employed during that period for which a An EU Blue Card could have been granted – meaning that all the requirements for its issuance, including the relevant salary threshold, were actually met. Therefore, it is not necessarily the formal residence permit that matters, but rather the substantive requirements for employment.

For context, it is important to note that this refers to the specific administrative practice of... The Karlsruhe immigration office is not issuing a directive published nationwide or binding on all authorities. While the underlying position of the Federal Ministry of the Interior may claim nationwide validity, ultimately each individual office applies its own directive. The immigration authority makes such a requirement under its own authority. Also in the case of... At the Berlin State Office for Immigration, we observe a similar trend in comparable procedures – a guarantee that every However, there is no single immigration authority that operates identically nationwide.

The Based on this, the Karlsruhe immigration office granted a corresponding application for a permanent residence permit, even though the applicant had not continuously held the It had been an EU Blue Card .

When is time explicitly not included in the calculation?

The good news has an important downside, which we always point out to our clients: The reverse is not sufficient. Anyone who, at the time of application, already holds a The EU Blue Card is, but in the past – due to failure to reach the salary threshold – only a Residence permit pursuant to Section 18b of the Residence Act as If someone was a skilled worker with an academic qualification, this previous period cannot be counted towards the 27 or 21 months. The decisive factor in each individual case is whether all Blue Card requirements were actually met during the respective employment period – not which residence permit was formally stated in the passport.

Conclusion

The decision of The Karlsruhe Immigration Office shows: The path to a permanent residence permit via the The EU Blue Card is more flexible than the legal text might initially suggest – at least according to the administrative practice of this authority. The decisive factor is not solely the residence permit formally stated in the passport, but whether employment actually meets the substantive requirements of the has fulfilled the requirements for the EU Blue Card . skilled workers from the USA , Therefore, for employers in Great Britain and Canada, it is worthwhile to take a close look at one's own employment history – and to clarify early on how the respective responsible authority will handle it. The immigration office , whether in Karlsruhe, Berlin, or elsewhere, handles this question on a case-by-case basis. We provide support with our experience from numerous comparable procedures at various authorities – from calculating deadlines to communicating with the responsible office. Immigration Office .