Petition by Dr. Sebastian Klaus: LEA Berlin must correct its practice regarding changes of purpose under Section 24 of the Residence Act.

Applications were deferred, rejection was threatened, and those affected were asked to sign unconditional waivers. This is how it works at The Berlin State Office for Immigration ( LEA ) has been at least partially shut down. This was achieved by lawyer Dr. Sebastian Klaus , author and lecturer in immigration law. He submitted a petition to the Berlin House of Representatives and simultaneously filed a complaint with the supervisory authority. The key outcome: The LEA adds a suspensive condition to its waiver. The protection status according to Section 24 of the Residence Act only ceases to apply once the new residence permit has actually been granted. The complaint regarding official conduct was also successful. This applies to Ukrainians who are in Berlin... EU Blue Card or other title for The fact that skilled workers want to change jobs sends an important signal. We explain what's changing and what those affected should do now.

Which practice did Dr. Sebastian Klaus object to?

In spring and summer, the LEA, in agreement with the Senate Department for the Interior and Sport, decided to reject applications for changes of purpose from a Residence permit after Section 24 of the Residence Act (AufenthG) is to be "postponed." Deviations from this policy should only be made if, in individual cases, special circumstances necessitate a different temporary permit. Dr. Klaus described this practice for what it essentially was: a de facto deprioritization of the interests of refugees from the Ukraine .

Several cases that came to his attention showed that the process didn't simply stop at letting applications sit. Those affected were informed that their applications would be rejected due to a lack of legitimate interest in a decision on the merits. Alternatively, they could withdraw their applications, which would be more cost-effective. This statement was made, among others, by a person at the level of a department head.

What was the effect of the official complaint?

Dr. Klaus filed a supervisory complaint against this procedure, and successfully so. This is remarkable, as supervisory complaints are often considered ineffective in practice. However, this case demonstrates that when an authority pressures applicants to withdraw their applications, it does not go unpunished. Anyone receiving such a letter should under no circumstances withdraw their application prematurely. They should have the letter reviewed by a lawyer.

Why is the amended waiver so important?

The An EU Blue Card cannot exist alongside temporary protection. This follows from... Section 19f of the Residence Act and the underlying law of EU . The protected status must therefore be relinquished for the change to occur. LEA, however, sometimes demanded an unconditional waiver from those affected as early as the initial written preparation stage . At that point, it was still unclear whether and when the new title would be issued. Dr. Klaus strongly criticized this procedure as unacceptable under the rule of law.

The response to his petition is cautious, but in essence, it represents a concession. According to the state, the declaration is usually only signed upon granting the title. Because delays can occur in individual cases, the LEA supplements the explanatory template with a suspensive condition as a precautionary measure and in the interest of legal clarity.

Dr. Klaus points out a crucial issue: The electronic residence permit is produced by the Federal Printing Office. This takes three to four weeks, plus internal processing. Therefore, there is a gap between signing and issuing the new permit, not just in isolated cases, but practically always. Without this requirement, those affected would have been without a valid permit during this time. This would have consequences for their work, their Health insurance and the protection of its I had a family .

Why do Ukrainians have a legitimate interest in changing the purpose of the stay?

The assumption, with The claim that Section 24 of the Residence Act regulates everything does not stand up to scrutiny. Dr. Klaus also pointed this out in his petition. Temporary protection depends on time-limited decisions by the EU . Who in Berlin as Whether you are an IT specialist , engineer, or doctor, you need a reliable perspective.

With the EU Blue Card According to § 18g of the Residence Act, the time limits for the settlement permit begin after Section 18c paragraph 2 of the Residence Act applies. The duration is 27 months, or only 21 months with German language skills at B1 level. For others skilled workers are considered Section 18c Paragraph 1 of the Residence Act . In addition, the Naturalization : A Residence permit after Section 24 of the Residence Act excludes naturalization by entitlement. Section 10 paragraph 1 sentence 1 no. 2 of the Nationality Act applies. The special interest that the LEA's requirements are therefore obvious in many cases. However, they must be specifically explained.

How does that work? LEA, the applications today?

According to his own statement, this takes LEA is gradually resuming the processing of applications that were initially put on hold through structural measures. However, our experience shows that well-founded and fully documented applications are processed significantly faster than informal applications submitted on the standard form. Anyone whose current application is due before it expires... A residence permit has been applied for, but is deemed to have been applied for by the legal fiction following Section 81 Paragraph 4 of the Residence Act protects. If an application remains unprocessed for more than three months without sufficient reason, an action for failure to act may be brought. Section 75 of the Administrative Court Procedure Act (VwGO) should be considered. Often, the reasoned announcement of a [procedure/action] is sufficient. legal proceedings .

Conclusion: An important milestone for those entitled to protection

Dr. Sebastian Klaus has challenged two problematic practices of the [organization/institution] through a petition and a complaint to the supervisory authority. LEA Berlin has been successfully challenged. Unconditional waivers are off the table, and the pressure to withdraw applications has been challenged under supervisory law. While the general deferral has not been formally lifted, processing has resumed. Ukrainians with qualifications and job offers should consider transferring to the Now is the time to strategically approach the EU Blue Card . We at VISAGUARD.Berlin support beneficiaries of protection and their... Family and employer through the process at LEA , from application until, if necessary, before Court .