Skilled workers from Ukraine: EU Blue Card despite Temporary Protection (TPS)?

Since the outbreak of the war in Ukraine, hundreds of thousands of people have sought refuge in Germany. The legal basis for this is generally temporary protection under Section 24 of the Residence Act (AufenthG) . This status offers rapid security , a work permit, and access to social benefits. However, over time, many highly qualified Ukrainians face a crucial question: Is it possible to switch to a long-term residence permit such as the EU Blue Card while still under the protection of Section 24? The answer is complex and illustrates the tension between rigid legal texts and pragmatic administrative practice during a humanitarian crisis. Those seeking the EU Blue Card usually do so with an eye toward its attractive advantages: faster permanent residence permits under Section 18c, facilitated family reunification , and mobility within the European Union. But anyone who examines the law will initially encounter an obstacle.

Blue Card Ukraine: Legal framework and exclusion criteria

In principle, German immigration law is quite clear on this point. According to Section 19f Paragraph 2 of the Residence Act (AufenthG) , the issuance of an EU Blue Card is excluded for persons who hold or have applied for a residence permit for international protection . Since the protection status under Section 24 of the Residence Act clearly falls into this category, the path to an EU Blue Card appears blocked at first glance. The legislator originally intended this to prevent the uncontrolled mixing of humanitarian protection systems and labor market-related immigration channels.

This strict separation, however, leads to a paradoxical situation. Highly qualified professionals already working in German companies and meeting all salary and qualification requirements for the Blue Card remain trapped in a status originally designed for temporary emergency aid . To break this deadlock, German authorities, guided by circulars from the Federal Ministry of the Interior (BMI) , have been seeking ways to offer skilled workers from Ukraine a perspective that extends beyond temporary protection.

Berlin pragmatism: The model of renunciation

This flexible approach is particularly evident in the capital. The State Office for Immigration (LEA) in Berlin has developed a solution that now serves as a benchmark for many applicants. Since the law prohibits the simultaneous possession of both titles, Berlin allows the issuance of the EU Blue Card on the condition that the applicant formally waives their protected status under Section 24 of the Residence Act .

In practice, this means that skilled workers must submit a declaration, alongside their Blue Card application, to relinquish their existing humanitarian status as soon as the requirements for the new status have been reviewed and confirmed. The LEA (State Reception Center) even provides specific forms for this purpose . However, this step should be carefully considered: by relinquishing Section 24, the associated privileged entitlements, such as easier access to certain social benefits or special return rights, also cease. For skilled workers with a secure income, however, this exchange is usually a worthwhile investment in terms of long-term planning security. It can become problematic for Ukrainians, however, if they lose their job and have waived their residence permit under Section 24 of the German Residence Act.

“Detour” via Section 18b for Ukrainians

Another approach frequently used in advising clients is the use of bridging provisions . If an immigration authority rejects a direct transition from Section 24 to the EU Blue Card, an application can often be submitted under Section 18b of the German Residence Act (AufenthG) (skilled workers with academic qualifications) . Since this status is not subject to the same strict exclusion criteria as the Blue Card with regard to humanitarian status, it often serves as a legal stepping stone. Once this status is established, the subsequent transition to the EU Blue Card is considerably simpler. In this respect, Section 19f of the German Residence Act only excludes the Blue Card for applicants who currently have Temporary Protection Status (TPS) or international protection, but not for those who previously held it.

However, a strong warning must be issued: Germany is not a unified legal system in this regard . Since the implementation of the Residence Act is a matter for the individual states, many local immigration authorities operate independently. While Berlin often acts pragmatically, authorities in smaller districts or in states with a more conservative administrative approach adhere strictly to the wording of Section 19f of the Residence Act. There, applications for the EU Blue Card are often simply rejected with reference to the existing Section 24, without mentioning the possibility of waiving the requirement or taking an intermediate step. Frequently, for example, the "detour" via Section 18b of the Residence Act requires that the residence permit has been held for a certain period (e.g., one year). However, there is no legal basis for such procedures.

Conclusion: Blue Card with Temporary Protection Status (TPS)

For Ukrainian citizens, the path to an EU Blue Card is not a one-way street, but it requires precise preparation and knowledge of local administrative procedures. The desire for a permanent residence permit is understandable and highly beneficial for integration into the German labor market. Nevertheless, one should never blindly relinquish their protected status without a binding commitment from the authorities regarding the new permit.

At VISAGUARD, we support you in overcoming these bureaucratic hurdles. We review your individual circumstances and help you find the right communication channel with your relevant authority, ensuring your professional success in Germany rests on a secure legal foundation.

You might also be interested in:

• EU Blue Card reasons for refusal

• Overview page for the EU Blue Card

• Overview page on immigration from Ukraine