Non-EU citizen moving from another Schengen country to Germany

@4th.magi

(a) Can he move to Germany during the validity of his non-German work permit and apply for a Fiktionsbescheinigung while applying for his German work permit?

Short answer: Not exactly.

The Fiktionsbescheinigung (fictional certificate) is typically only available to individuals already residing in Germany with a German residence permit who are extending or changing their status. Since his current work permit is from another Schengen country, he cannot use that to directly obtain a Fiktionsbescheinigung in Germany.

He will need to apply for a German residence permit (e.g., EU Blue Card) before entering Germany for work. He cannot just move to Germany and start working or apply locally unless he already has legal residence in Germany.

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(b) If (a) were yes, could he apply directly for the EU Blue Card based on the non-German permit?

No.

He cannot apply for the German EU Blue Card based on holding an EU permit from another Schengen country unless it’s an EU Blue Card already issued by another country, and even then, he would need to live in that country for at least 18 months before transferring the Blue Card to Germany (under Art. 20 of the Blue Card Directive).

If he doesn’t already hold an EU Blue Card (but just a national work permit), the regular route applies: apply from outside Germany, or if he’s visa-exempt for short stays (e.g. US, Canada, Australia), he can enter visa-free and apply in Germany.

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(c) If (a) is no, does he need new biometrics and full verification at the German Embassy?

Yes.

Germany will require new biometrics and full application processing. Unfortunately, biometrics are not shared between countries, even though they are all in the Schengen area and use systems like SIS (Schengen Information System). His fingerprints might be visible to border control, but they are not transferable between national immigration offices.

So yes, he will have to re-enroll his biometrics and possibly get documents verified again (depending on their origin and prior legalization). It’s a new permit under a new legal framework.

➡️ So no shortcuts, but having been in Schengen already may help slightly in showing continuity or legitimacy.

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(d) If the German employer lets him go, how long does he have to find a new job? Can he switch to a jobseeker visa or Chancenkarte from within Germany?

If he’s on an EU Blue Card:

He has at least 3 months to find a new job without needing to leave Germany, as long as he informs the Ausländerbehörde. Some cities allow up to 6 months for job-seeking under §82(4) AufenthG.

He can apply from within Germany to switch to a Job Seeker Visa or Chancenkarte, but it depends on his existing residence status and how much time is left on it. If it’s still valid, the transition is usually allowed without leaving the country, especially if he’s on a Blue Card.

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(e) If he switches to a jobseeker visa, what happens to his spouse and kids’ residence status?

His spouse and children likely have family reunification residence permits tied to his work permit. If he switches to a jobseeker visa, the family permits usually remain valid as long as his permit is valid and he can financially support them.

But:

    •    The authorities might review their permits, especially if he applies for a different type of visa.

    •    It’s crucial to keep them included in any change of status process, and show proof of funds and housing.

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(f) His spouse’s brother is a German citizen — any advantages?

Not really, unless he sponsors them under special family reunification rules, which are typically reserved for parents of minors or dependent relatives.

A spouse’s sibling does not offer any direct immigration benefit under German law, but it could:

    •    Help with residence registration (if they can live with him temporarily),

    •    Provide local support, and

    •    Help demonstrate integration ties, which could help in the long term for naturalization or other applications.

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✅ Summary:

Question    Answer

(a)    ❌ No, cannot move to Germany just on current non-German work permit to apply for Fiktionsbescheinigung.

(b)    ❌ Cannot apply directly for German Blue Card based on non-German permit unless already holding an EU Blue Card and fulfilling 18-month condition.

(c)    ✅ Yes, new biometrics and document verification needed at German embassy. No shared biometric system.

(d)    ✅ If on Blue Card, has 3 months (maybe 6) to find new job. Can switch to Jobseeker or Chancenkarte within Germany.

(e)    ⚠️ Spouse and kids’ permits remain valid if he keeps legal status and financial support. May need to update permits if his status changes.

(f)    ❌ No direct immigration advantage from brother-in-law being German, but can help practically.

You need to talk to the employer and see the work conditions!!!! Germany is not that easy.

Some cities allow up to 6 months for job-seeking under §82(4) AufenthG.

Thank you very much for the detailed and well-structured response and also the quick summary at the end. It is much appreciated.

Can I ask you to expand on the sentence above, about the cities that allow upto 6 months on job-seeking?

Would you know if Berlin/Potsdam, Leipzig and Schwäbisch Hall in Baden-Wurttemburg allow the six months period on job-seeking? I understand that the employer could station him at any of these locations.

@4th.magi A job-seeker visa does NOT allow work, just job search (as the name implies).

Since a job-seeker has no employer yet, the employer could not "station him at any of these locations".

The job-seeker visa has been replaced with the opportunity-card or Chancenkarte. One applies from abroad through the German embassy or consulate, not through a city and not sponsored or stationed by an employer. By definition they are looking for employment. If one is successful in finding a job while on the Chancenkarte, then they can register and start work without having to leave the country and applying for a separate work visa. Question is if they don’t need to return home anyway to tie up loose ends like giving up a residence and moving needed things to the new place.

Like the job-seeker visa, the question is if such an in-country job search with the Chancenkarte is cost effective. Good that one actually sees how things are in Germany but realistically, one can find tech jobs over online sites from abroad. Interviews are also often done online these days. Some think the longer they have in German to do a search the better. The opposite is true. It is a costly strategy, likely to be well over 150 euros/day for accommodation, food and travel.

One should research possible employers online and contact them before. If live interviews are required, then line them up beforehand in a short span of time. Arriving unprepared and looking to start the process and get appointments for possible interviews is wasted time, effort and money.

https://www.make-it-in-germany.com/en/v … unity-card

@beppi, I think there may have been crossed wires with regards to my query.

My second query built on the earlier response by Paola Borgonovo, that some cities allow more time (six months as opposed to the usual three months) for people who were already in Germany on a work permit or EU Blue Card and who were made redundant to search for jobs.

My query was either the three cities I listed above allowed that additional time.

The person in question is already going through the interview and hiring process in Germany and expects to be issued a job offer and support for a work permit, and will not be coming to Germany on a job-seeker visa.

@4th.magi The visa rules are the same Germany-wide and cannot be altered by individual cities. So any such claim is certainly wrong!

@beppi, I think there may have been crossed wires with regards to my query.
My second query built on the earlier response by Paola Borgonovo, that some cities allow more time (six months as opposed to the usual three months) for people who were already in Germany on a work permit or EU Blue Card and who were made redundant to search for jobs.

My query was either the three cities I listed above allowed that additional time.

The person in question is already going through the interview and hiring process in Germany and expects to be issued a job offer and support for a work permit, and will not be coming to Germany on a job-seeker visa. - @4th.magi

This post is confusing. The initial post clearly states the person worked in another EU country and NOT Germany.  Now they are already in Germany and had been working here… Of course this is a different situation.

One needs no visa when they are already a legal resident. If they lose their job then they are usually given a period of time to find a new one to maintain their residency status. They can of course find a job anywhere in the country and move. I doubt taking the cost and effort to move to another city brings any extension on the time given to find employment. But it is true that the same rules can be interpreted differently at times by different officials.

But finding a new place to live and moving is usually a great effort. Better to focus on finding a job. Questions come up; why did they lose their job? What is the market for employment in their field? Have they optimized their approach to getting a job; having a well written resume, good appearance; good qualifications? Do they highlight what makes them potentially a better employee than the next person?