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Relocation with EU Blue Card of another EU Member State

AshNZ

Just as a follow up to my previous post, I've been unable to find the directive which gives freedom to change jobs and to work in a freelance capacity.
I contacted the immigration office and my response from them was the following:

According to Article 12 of Directive 2009/50/EC, the restriction to one job pursuant to Section 18b, Paragraph 2, Clause 4 of the Residence Act refers to possession of an EU Blue Card in a member state. So if you come to Germany now, the 2 years will start from the beginning and you will need a job change permit for the first 2 years in Germany.

Section 18b:
holders of an EU Blue Card wishing to change jobs need permission from the foreigners authority only during the two first years of employment, provided they meet the requirements for an EU Blue Card.
https://www.gesetze-im-internet.de/engl … html#p0389

So, I find that there is some conflicting information which contradicts the original statement made above by Plasmaangel:

The card is not attached to the employer. It allows me to work 4 years on the specific position name anywhere in Germany and also be a freelancer for 2 years.

TominStuttgart

AshNZ. I don't understand anywhere in what they wrote that gives permission to freelance. A fundamental of a blue card is having a job that pays a high enough salary. This is not the situation in a freelance situation. Can it be that you have confused permission to change to a different job that meets the blue card requirements with freelance work?

AshNZ

TominStuttgart wrote:

AshNZ. I don't understand anywhere in what they wrote that gives permission to freelance. A fundamental of a blue card is having a job that pays a high enough salary. This is not the situation in a freelance situation. Can it be that you have confused permission to change to a different job that meets the blue card requirements with freelance work?


The OP posted the following:
The card is not attached to the employer. It allows me to work 4 years on the specific position name anywhere in Germany and also be a freelancer for 2 years.

So 1) no restrictions on changing jobs and 2) ability to freelance if one chooses to do so. (assuming that you met the same conditions for the Blue Card re: salary and job title). Neither of these conditions seems to be written anywhere in legislation (at least I can't find it), so thus far have had no ground on which to ask for them to be applied.

beppi

A pemission to work "in the specific position" means in this job at this employer. It does not allow job changes.
I have never heard of a permission to freelance and assume that was a misunderstanding on the part of the OP.

TominStuttgart

AshNZ wrote:
TominStuttgart wrote:

AshNZ. I don't understand anywhere in what they wrote that gives permission to freelance. A fundamental of a blue card is having a job that pays a high enough salary. This is not the situation in a freelance situation. Can it be that you have confused permission to change to a different job that meets the blue card requirements with freelance work?


The OP posted the following:
The card is not attached to the employer. It allows me to work 4 years on the specific position name anywhere in Germany and also be a freelancer for 2 years.

So 1) no restrictions on changing jobs and 2) ability to freelance if one chooses to do so. (assuming that you met the same conditions for the Blue Card re: salary and job title). Neither of these conditions seems to be written anywhere in legislation (at least I can't find it), so thus far have had no ground on which to ask for them to be applied.


I understood the claim but find it hard to believe. Just NOT how things work, a blue card cannot give such rights. I assume that the allowance to do freelance work is what he assumes it means rather than what it actually stipulates. I'm not trying to question the honestly of the claim but that doesn't mean it has not been fundamentally misinterpreted. But hey, I am always open to seeing proof of something new. One could post the actual content so we know for sure.

skmehta

plasmaangel wrote:
mashk wrote:

hey ,

Thanks for the information , i had few queries to follow up .
you mentioned that
1) I collected all necessary documents to apply for the German Blue Card
--This also includes a rental agreement or stay in Germany right?

3) The immigration services pre-approved my German Blue Card. I was still working in Poland all this time and did not have to quit or apply for any visas. The process took somewhere around 1 month.
--how do i start with this procedure ? I would also like to apply while working here in Poland , i am waiting for a job offer to be provided to me

4) On the 1st day of work in Germany, I had an appointment at Ausländerbehörde where they put a stamp into my passport that allowed me to work for 3 months while my card is in production.
--In short i would like to know if i can start with all the processes while still working in poland , close to my joining date i am planning to Move to germany

inputs would be helpful . thanks in advance
Don't know if anything changed during pandemic that i can submit form  online


1 - no, I didn't have a rental agreement by that time, but my friend registered me in their apartment. This was enough.

3 - my future employer did everything by contacting Business Immigration Services of Berlin (https://www.berlin.de/einwanderung/serv … n-service/)

4 - yes, it is possible to do this while still working in Poland, but again - the process was driven by my future employer. I was only providing the documents they requested and didn't actively participate in communication with the business immigration services.


Hello,

Regarding the rental agreement, you mentioned that your friend registered you.

Could you please provide a bit more detail?
I am kind of in a similar situation as you and friends based in germany.
And, it’s really hard to book an apartment without being there already.

Thanks for your help!

Krishnakanhaiya

Hi,
I have a very specific query about carrying forward my time spent in an EU country on an EU Blue Card towards german permanent residency when I move to Germany on an EU Blue Card. so my situation is:
1. I have spent 4 years in Slovenia on an EU Blue card
2. Now, I am moving to Berlin, and according to the BAMF directive (https://www.bamf.de/EN/Themen/Migration … -node.html), I will be eligible for the EU Blue Card in 2 years.

However, I am not applying for the EU Blue Card in Germany instead I am getting the visa processed from the German Embassy in Ljubljana. Will this be a problem? 

As I know, I will not be given an EU Blue Card instead of a temporary visa in Slovenia that allows me to immediately work in Germany and then apply for the EU Blue Card in Germany after I start to work. So, there will be a break between my EU Blue cards. Will there be a problem? 

Krishnakanhaiya

@plasmaangel this is very valuable information. Thank you very much!

II1

@plasmaangel
thanks for the detailed information!
one question regarding your phrase:"I did not apply for Niderlassungserlaubnis, but decided to wait for an opportunity to apply for Daueraufenthalt-EU (2.5 years in Poland + 2.5 years in Germany)."
If I have a blue card and after 21 month I apply for a German PR (based on B1 exam), after total of 5 years (21 month on blue card and 39 month on PR) can I still apply for the European settlement (Daueraufenthalt-EU) since I had a blue card at the beginning, or I lose this option once I apply for German PR? 

I am asking since I want to preserve the opportunity to work in other European countries with the future Daueraufenthalt-EU, what will not be available as I understand with the regular German PR.

Thanks.

II1
@plasmaangel
Thanks for the details explanation!

Question regarding one phrase you wrote":
I did not apply for Niderlassungserlaubnis, but decided to wait for an opportunity to apply for Daueraufenthalt-EU (2.5 years in Poland + 2.5 years in Germany)."

If after 21 month on blue card, I apply for German PR, can I apply for Daueraufenthalt-EU after additional 39 months (totally 5 years) or since I have PR this is not possible anymore?

I am asking since I do want to preserve the option to work in other European countries before and after the 5 years, so I am thinking if to convert the blue card to PR (with all the PR benifits) or leave the blue card so I can get the Daueraufenthalt-EU after 5 years.

Thanks!
Guest8765

Hello Dear All, I am currently living in Poland based on BlueCard. I am working in IT.


I am looking for opportunities to move to Germany.


as I know even after 18 month working based on BC in Poland in case of relocation I will need to apply for new BlueCard in Germany.


Here I have some questions, I will appriciate if you will help me to understand following:


  1. If my diploma is for Telecommunication ( University and degree presents in Anabin databse) but I have job offer in cyber security, would I still be good fit for BC, or the position should exactly match the education?
  2. Do I need to provide mark sheet(transcript) or only diploma is enought?



Kindly asking you to share your opinion and experience.


Thank you

Anna Loewen

Could someone tell me, from what moment does the countdown of 18 months start, after which I can move to another country and get the blue card there? Since when I started working or when I got a blue card?


I work in Germany now. When I applied for a blue card in my home country, I was first issued a visa for getting a blue card in Germany, with which I came to Germany and started working. And the blue card itself was issued to me after 3 months.


Thank you

TominStuttgart

Madam I'm Mohan lal
I have 2 year Portuguese TRC and I want to work in Germany, and your contact number was given by my friend.
I can work on a 2 years Portuguese TRC in Germany
What will be the requirement of paper working if it is possible then you tell the paper work. Can you help me please reply thankyou.
-@foreignerkaran786

Off topic and a basic question that has been answered many times on this site. No, a temporary resdiency permit in one EU or Schengen country gives one no rights to work and live in another. It does allow one to travel to other Schengen countires for limited tourism without needing to get a tourist visa. But to immigrate to work, study or do research you will need to get a German permit.

komurugov

Hallo everyone,

aren't there any new forum members who have managed to change Blue Card of another EU country for Germany's Blue Card?

One of particular questions I'd like to ask - is the minimum duration of the previous Blue Card (that can be summed up for getting permanent EU residency in Germany) 12 months now, instead of 18 months it used to be earlier?

osome


    Could someone tell me, from what moment does the countdown of 18 months start, after which I can move to another country and get the blue card there? Since when I started working or when I got a blue card?
I work in Germany now. When I applied for a blue card in my home country, I was first issued a visa for getting a blue card in Germany, with which I came to Germany and started working. And the blue card itself was issued to me after 3 months.

Thank you
   

    -@Anna Loewen


I am also interested in answer to this question.


If I started working in Poland, applied for Blue Card and had to wait almost a year for the card to be issued (yes, it took the Polish officials almost a year to process the Blue Card application), can I somehow include that waiting period in 18 months needed for simplified Blue Card job move to Germany?


Will that waiting period before Blue Card issue be included in countdown to later permanent residency and citizenship applications in Germany?


Thank you in advance.

TominStuttgart

One should refer to the German immigration authority website listed below. And of course a blue card is only valid and counted from the time it is issued, not from when one applies for it; wishful thinking.


https://www.bamf.de/EN/Themen/Migration … -node.html