VG Berlin: Blue Card and settlement permit possible at the same time

Berlin, May 21, 2025 – A ruling by the Berlin Administrative Court (case no. 29 K 122/24 of May 14, 2025) makes it clear: The long-standing practice of the Berlin State Office for Immigration (LEA) of not granting a settlement permit in parallel with the EU Blue Card is unlawful.

Previous practice: No extension of the Blue Card when the settlement permit is granted

Until now, the State Office for Immigration has refused to issue a Blue Card if the corresponding settlement permit for skilled workers (Section 18c of the Residence Act) had been granted. The Blue Card was deemed null and void upon issuance of the settlement permit , although the legal basis for this practice remains unclear. The State Office for Immigration had stipulated in its administrative regulations (VAB, Section 18c.2.1) that the EU Blue Card was to be considered expired upon issuance of a settlement permit. The electronic residence permit (eAT) was only to be marked with " former holder of an EU Blue Card . " This was intended to document the continued existence of the migration permit under Union law pursuant to Article 21 of Directive (EU) 2021/1883. The Administrative Court of Dresden had already ruled in another case that this practice was unlawful. Nevertheless, the immigration authorities in Berlin did not see any reason to change their own administrative practice.

VG Berlin: EU Blue Card and settlement permit possible in parallel

The Berlin Administrative Court has now declared the view advocated by the LEA to be unlawful . The EU Blue Card does not automatically expire upon the granting of a settlement permit. Rather, the Blue Card and with it the right to mobility and privileges guaranteed by EU law continue to exist. The court says that the addition "former holder of an EU Blue Card" is not sufficient - the EU Blue Card must continue to be considered legally valid even after the granting of a settlement permit. The foreign national then holds two residence permits , namely the EU Blue Card and the settlement permit for skilled workers (Section 18c of the Residence Act). Restrictions only apply if a permit for permanent residence in the EU (Section 9a of the Residence Act) is granted instead of the settlement permit.

Why is the verdict important?

For foreign skilled workers with an EU Blue Card, the ruling provides greater legal certainty and protection in securing their status. In practice, it was a much-discussed issue that skilled workers had to surrender their EU Blue Card upon receiving a settlement permit in Berlin. In some cases, this led to the loss of important rights granted only by the EU Blue Card (not the settlement permit).

Anyone who has already received a settlement permit in Berlin based on the EU Blue Card should now check whether an extension of the Blue Card is possible and advisable. This applies in particular to skilled workers who are frequently posted within Europe and therefore rely on the mobility rights of the EU Blue Card.