Residence Act

Section 19a: EU Blue Card

(1) A foreigner from a non- EU country can get the EU blue card after the regulations 2009/50/EG of the board of 25th May 2009, that rules the consideration for the entrance and the stay of non- EU –foreigners for the reason of doing a job that suits his /her qualification ( ABl.L 155 of 18th June 2009, page 17) if:
1. he/she
a) owns a German or an accepted foreign university degree or a foreign university degree that is similar to a German one; or
b) owns a similar qualification after gaining work experiences for 5 years, after executive law- order after paragraph 2;
2. he/she has got the permission of the federal labour authority after Section 39 or through an executive law order after Section 42 or through an intergovernmental regulation which allows that the EU blue card can be given without the allowance of the federal labour authority after Section 39; and
3. he/ she earns a salary that is at least the same as that mentioned through the executive law order after paragraph 2.

(2) The federal government department for labour and social can dictate the following through an executive law order:
1. The amount of the salary after paragraph 1 number 3.
2. Occupations in which a qualification by at least five years’ work experience can be proved as comparable to a Master’s certificate.
3. Occupations in which it is to refuse the EU blue card for members of specific states if there is a lack of qualified workers in their job group.
Executive law orders after number 1 and 2 need the acceptance of the Federal Assembly.

(3) The EU blue card is limited with first-time granting of a maximum of four years. If the duration of the employment contract amounts to less than four years, the EU blue card is issued for the duration of the employment contract plus three months, or is extended.

(4) Permission is required during the first two years of the employment for every job change of an owner of an EU blue card by the foreign authority. The permission is given if the conditions are given after paragraph 1.

(5) An EU blue card is not given to a foreigner:

1. who fulfils the premise after Section 9a paragraph 3 number 1 or 2.

2. who has made an application for statement of the condition after Section 60 paragraph 5 or 7 sentence 1 or after Section 60a paragraph 2 sentence 1.

3. whose arrival in one of the member states of the European Union considers special duties related to an international convention that rules the entrance and the temporary stay of the category of people who carry out trade activities as well as activities that refer to investments.

4. who was admitted as a seasonal worker in a member state of the European Union.

5. who owns a temporary suspension of deportation after Section 60a.

6. who is, under the regulations 96/71/EG of the European Parliament and the council of 16th December 1996, a part of the delegation of employees within the scope of the performance of services (ABl.L18 of 21st January 1997 page 1) during the time of their delegation to Germany.

7. who enjoys, because of the arrangements between the European Union and their member states on the one hand and third countries on the other hand, a right of free movement that is equivalent to that of citizens of the European Union.

(6) The owner of the EU blue card should get the settlement permission, if the foreigner did work for at least 33 months after paragraph 1 and if he/she had paid for the duration of the compulsory or voluntary contributions to the governmental social pension fund or if he/she did make expenses that gain the right to receive similar benefits from an insurance or utility service of an insurance company and if the conditions of Section 9 paragraph 2 sentence 1 number 2 and 4 to 9 are given.
Section 9, paragraph 2, sentences 2 to 6 also apply. The deadline after sentence 1 is shortened up to 21 months if the foreigner can prove language knowledge on level B1.



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