The State Office for Immigration (LEA) continues to ignore the ruling of the Berlin Administrative Court on the parallel issuance of the Blue Card and permanent residence permit.

The judgment of the Berlin Administrative Court of May 14, 2025 (29 K 122/24) should have clarified the matter long ago: The simultaneous issuance of an EU Blue Card and a permanent residence permit is lawful, and the long-standing practice of the Berlin State Office for Immigration of refusing this combination was unlawful . Even then, the court made it clear that the EU Blue Card does not automatically expire when a skilled worker is granted a permanent residence permit. Both titles remain valid concurrently, and thus the mobility rights under EU law, as stipulated in Article 21 of Directive (EU) 2021/1883, are fully preserved. A mere notation such as "former holder of an EU Blue Card" is not legally sufficient and does not reflect the actual legal situation .

Appeal procedure for Blue Card and residence permit

In the appeal proceedings before the Higher Administrative Court of Berlin-Brandenburg (12 N 105/25), the State Office for Immigration even fully endorsed the plaintiff's arguments. One would have expected that, after this clear admission, the Berlin immigration authority would correct its administrative practice and adhere to what Article 20 Paragraph 3 of the Basic Law requires as the core principle of rule-of-law-based administrative action: adherence to law and justice . However, precisely the opposite is the case. Despite the court ruling and the acknowledgment of the legal errors, residence permits that demonstrably violate the ruling continue to be issued in Berlin. Apparently, the State Office is thus continuing its unlawful practice unchanged – and is still following its own procedural guidelines, which explicitly mandate this addition, even though the Berlin Administrative Court has clearly established the illegality of this practice.

Continuation of unlawful administrative action by the LEA

For skilled workers, this persistent disregard for the law has tangible consequences. The EU Blue Card is far more than just a residence permit for many; it is a mobility certificate under EU law that facilitates cross-border postings, short-term business trips within the EU, and the continuation of employment in other member states. Those who lose this certificate due to flawed administrative practice or receive inadequate documentation risk very practical disadvantages that directly impact their daily work. That these risks persist despite a clear ruling is neither objectively nor legally justifiable.

What is particularly disconcerting is that the authority has already conceded in court proceedings, yet has changed nothing in its own administrative practice. This discrepancy between court ruling, official admission, and actual practice raises fundamental questions about accountability and the rule of law. From a migration law perspective, it is clear: if the State Office for Immigration continues to issue residence permits with incorrect entries and ignores the parallel issuance of permits, those affected must continue to actively assert their rights.

Conclusion on case law regarding the parallel issuance of the Blue Card and residence permit

Despite clear rulings by the Berlin Administrative Court and its own approval in the appeal proceedings, the Berlin State Office for Immigration (LEA) continues to adhere to its unlawful practice and ignores the simultaneous issuance of EU Blue Cards and permanent residence permits. This persistent disregard for court rulings and applicable law significantly impairs the EU mobility rights of skilled workers and leads to practical disadvantages in their daily work. The discrepancy between judicial findings, official admissions, and actual administrative practice raises serious questions about accountability and the rule of law. It therefore remains essential for those affected to actively assert their rights as long as the LEA does not adapt its practices to the legal situation.

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