Relocation with EU Blue Card of another EU Member State

Hello everyone,

Has anyone here relocated to Germany and applied for an EU Blue Card after having spent more than 18 months on a Blue Card of another country? Could you please share your experience on nuances of this process?

Specifically, I am aware that having an EU Blue Card from another country for longer than 18 years gives you several advantages when relocating to Germany and applying for the German Blue Card:
1) You don't need to apply for a national visa beforehand in order to enter Germany and submit your German Blue Card application.
2) You can receive the settlement permit faster (21-33 months).
3) The periods spent on Blue Cards of other member states are credited towards the 5 years you need to get EU Long Term Permit.

All of this sounds brilliant, however, if I use advantage (1) and go to Germany without a visa, then I will have to stay unemployed while I wait for the decision on the German Blue Card.
Both my employer and I are interested in me starting as soon as possible and working while we're waiting for the decision.
What are our options here?

My employer suggested that I apply to the national visa D after all, additionally to the EU Blue Card process. The national visa is issued very fast and provides me a chance to work.
However, what I am not certain about is the following:
1 - Am I even allowed to apply to the EU Blue Card based on another EU Blue Card while having a national visa D active in parallel with them?
2 - Will this approach (working on national visa between two Blue Cards) do any harm to advantage (3) that I am so eager to use?



Since my previous post was closed because of an undesired discussion, I want to add this.

Background for those who does not know how Blue Card works: it is only valid in the country that issued it. When relocating to another country, you have to get a new one. When resources like BAMF tell you that Blue Card is organized at EU level, it does NOT mean that you can move freely. It only means that the directive works the same way in each individual EU country that accepted the directive. These sources are correct, but apparently the wording may be confusing for some.

The only things that tie Blue Cards of different countries together are mentioned in my post - and that is the essence I wanted to discuss.

If you come and start talking about something that you read once in an article about, or heard about and in general have no other knowledge about it, it does not help and only distracts from the point.
It is not informative, it is not helpful, it is just confusing.
If you want to know more, I am happy to provide materials and answers (see examples below). But really, I would prefer to get some qualified help in this post, not lead a discussion about related subjects.

Directive (especially article 18): http://csdle.lex.unict.it/Archive/LW/EU … _enpdf.pdf
German Residency Act:
https://www.gesetze-im-internet.de/engl … enthg.html




Thank you in advance
Anton

Yes, the German law is based on the EU directive. And yes, a new Blue Card will be issued by Germany if you are coming with a Blue Card from another EU country. But this is a formality. To quote the BAMF website – and this is a direct quote, NOT speculation or an interpretation: “The EU Blue Card applies for persons from non-EU countries as well as for people who are staying with another residence permit in Germany or already have received an EU Blue Card in another EU Member State. “

http://www.bamf.de/SharedDocs/Anlagen/E … cationFile

Thank you, I am aware that this is a formality - and my post is how to deal with the formality, not whether it exists.

I still have to meet all the criteria for obtaining the Blue Card in the new country. The only thing different when applying with the existent card of a other country is that I don't need to get a visa first (advantage 1 in my post).

I finally found a person who had experience like mine.
Going to leave this here in case someone needs it:

1. He is the owner of the Polish Blue Card for over 18 months.
2. He did not get any national visa to apply for the German one. Instead, he entered Germany with the Polish Blue Card and had a regular appointment.
3. He had to rent an apartment before the appointment to get registered in Germany.
4. There is a huge gap in the law regarding health insurance. By law, you have to submit proof that you are insured. On the other hand you are not insured unless you start work (or buy a super expensive private insurance). And you cannot start work until you get the permit you are applying for. What he did is negotiated with the health insurance company the date of his potential start date and they gave him the paper that he is already insured on the date of application (although this was not true).
5. During the appointment the officer accepted Polish BlueCard as foundation for application to the German one, and after some misunderstandings and clarifications of the law. right there a sticker with work permit for 3 months was stamped into his passport. Based on the Blue Card Directive, it is something that the officer may do, but there is no guarantee in the Residence Act that it will be done. It is up to the officer's best knowledge.


Overall impression he had: the officers and supporting immigration agencies are not familiar with the case of changing country on BlueCard as it does not happen often, so you need to know all the law numbers, paragraphs and articles to guide them to correct decisions.

Since I got a question into personal messages about how the situation played out with me, will leave my comment here as well, so people will have it useful in the future.

Blue Cards in each country are different - even conditions to receive them are different. A Blue Card from one country does not give you the right to work in another one (even after 18 months). However, after 18 months of having a card from country A, you may be eligible to go through the simplified process of getting a card in country B if your case matches the Blue Card requirements of country B.

In my case, the simplified process of moving to Germany after spending 18 months on a Polish Blue Card looked like this:
1) I collected all necessary documents to apply for the German Blue Card
2) My future employer emailed them to Business Immigration Services (BIS) (https://www.berlin.de/labo/willkommen-i … 098.en.php) together with information about my Polish Blue Card.
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.
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.
5) In 4 weeks, my card with permission to work for 4 years was ready to be picked up.

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.

Hi Anton, many thanks for your clarification on the process. Could you please clarify whether the "trick" with insurance company issuing the letter worked well? Thanks!

Yes, it was rather easy for me.
I sent an application to insurance company TK to enter their statutory insurance program. The application form actually had a field asking from which date I am employed, so I put the date in the future.
Afterwards, they confirmed that my application is successfully submitted and I asked them for the letter.
They sent me a letter stating that I will be insured with them from a date in the future.

Hi,
These are very valuable lessons. I became aware that process is tricky everywhere. The gap about the insurance you and your friend faced with are typical, since there is a contradiction in the statement. I have the Blue Card in Slovenia, and my company did everything. I am talking now about the initial process, not changing countries. However even they roamed for a while, the insurance paper was not clear to anybody. Finally, they made me buy private insurance for one month while waiting for the Card, even though I wasn't officially there in Slovenia. :) But that was the administrative compromise between desk stuff and my HR, nobody knows exactly if it was really necessary.

Now, another experience my coworker had, who applied for the family reunification, trying to get staying permit for his wife. I won't go into the details, just some major points: the fact was he was getting contradictory information and request for documents from different people in the morning and in the afternoon at the same institution. He had to fight, to argue, to deal with people...  One day they were asking him to bring insurance for his wife for three months, next day it wasn't necessary. Next day in the local municipality office he had to provide the proof his wife was quitting her job in their country of origin. Then he complained and raised his voice, asking how can she quit  without getting her permit before. He went to the other institution, migration office I think, they completely agreed with him, called the municipality office and then they had a fight between them. And the life goes on...

The point is, it is a gray area everywhere, and one has to be patient to finish the task.

I also have additional question. What is happening after 5 years, once a person gets unlimited residence permit in any EU country. Can he or she change the location within the EU freely? Can he or she apply for the contract jobs?

banconi :

I also have additional question. What is happening after 5 years, once a person gets unlimited residence permit in any EU country. Can he or she change the location within the EU freely? Can he or she apply for the contract jobs?

I am posting a link to the German immigration site page that covers what is called a Daueraufenhalt-EU permit which is similar to  Niederlassungserlaubnis. A document linked from this page (also included below in the original German) makes it sound like one is allowed to work in other EU countries but the page itself claims one can go 90 out 0f 180 days and says one still needs to apply to stay indefinitely in the new country. So the information sounds a bit contradictory or is maybe leaving out some details.


http://www.bamf.de/DE/Migration/Arbeite … -node.html

www.bamf.de/SharedDocs/Glossareintraege … renderHelp[CatalogHelp]&nn=3752680

Daueraufenthalt

Es handelt sich dabei um einen unbefristeten Aufenthaltstitel, den Ausländer aus Drittstaaten nach fünfjährigem rechtmäßigem Aufenthalt in einem Mitgliedstaat der Europäischen Union erhalten. Dieser Titel berücksichtigt das Recht auf Weiterwanderung in einen anderen Mitgliedstaat und bietet, wie die Niederlassungserlaubnis, eine weitgehende Gleichstellung von Drittstaatsangehörigen mit eigenen Staatsangehörigen z. B. beim Arbeitsmarktzugang und bei sozialen Leistungen.

1.  I want to take employment in Poland (I have a valid Offer from Polish Company)
2. I currently hold a valid Blue Card from another member state.

Can I start working in Poland after applying for a Blue Card in Poland?
Has anyone relocated to Poland on the basis of Blue Card ?
How long do I have to wait to start working in Poland after submitting the application for Blue Card?

Thank you to anyone that can help me with this topic.

acabra85 :

1.  I want to take employment in Poland (I have a valid Offer from Polish Company)
2. I currently hold a valid Blue Card from another member state.

Can I start working in Poland after applying for a Blue Card in Poland?
Has anyone relocated to Poland on the basis of Blue Card ?
How long do I have to wait to start working in Poland after submitting the application for Blue Card?

Thank you to anyone that can help me with this topic.

You are asking questions about Poland on the Germany forum, why? Ask specifics on the Poland forum. But the answers seem obvious. One cannot go to work in a country on the basis of having applied for a blue card or other type of work permit, one has to wait until it is approved. And to know how long approval takes, one can best ask the officials you applied to. Anything else is speculation.

Thank You for the information, I will redirect my question to the Polish forum. Please note in the thread above, someone replied indicating that on the same day of the application for Blue Card he was granted a Work Authorization for 3 months. So my question is still valid and the answer is not obvious.
Thanks.

acabra85 :

Thank You for the information, I will redirect my question to the Polish forum. Please note in the thread above, someone replied indicating that on the same day of the application for Blue Card he was granted a Work Authorization for 3 months. So my question is still valid and the answer is not obvious.
Thanks.

It still comes down to the decision of approval or not. The post you are referring to said something about pre-approval which then was a decision that the card would be approved but issued later. One still has to wait for a decision, whether they call it approval and issue the card right away or call it pre-approval and physically make out the card later doesn’t seem to be important.   This is NOT just having put in an application. And again the specifics of how things will be done should be addressed to Poland and not Germany.

What a useful thread and glad I came across it. Lot of queries answered but still some questions for me.

I was in Paris on French Blue card (less than 18 months- i understand I don't get some advantages) and got a job in berlin. My company applied for blue card/residence permit in Germany, and not a D visa or national visa. Been bit more than a month and still waiting to get an appointment.

Question: A german lawyer told me that you can't directly apply in Germany for blue card /residence card. You must apply to German consulate in Paris for either D visa or Blue card (either ways) but my company believes it is completely ok to apply directly in Berlin (they apply while I am still in Paris) and they say they got pre approval and waiting for appointment date. I am just wondering who is right among the two (My company also is a young start up so not a big experience in applying for blue card for someone who is already in europe)

For folks who did the process - did they apply in German consulate in their country or their company applied in Germany ?

Thanks a lot. It would be really helpful if someone has some insights.

vikram_j :

What a useful thread and glad I came across it. Lot of queries answered but still some questions for me.

I was in Paris on French Blue card (less than 18 months- i understand I don't get some advantages) and got a job in berlin. My company applied for blue card/residence permit in Germany, and not a D visa or national visa. Been bit more than a month and still waiting to get an appointment.

Question: A german lawyer told me that you can't directly apply in Germany for blue card /residence card. You must apply to German consulate in Paris for either D visa or Blue card (either ways) but my company believes it is completely ok to apply directly in Berlin (they apply while I am still in Paris) and they say they got pre approval and waiting for appointment date. I am just wondering who is right among the two (My company also is a young start up so not a big experience in applying for blue card for someone who is already in europe)

For folks who did the process - did they apply in German consulate in their country or their company applied in Germany ?

Thanks a lot. It would be really helpful if someone has some insights.

Check out this article on the German Immigration Authority website. It mentions that one gets a work visa and applies then for the blue card itself after coming to Germany.

https://www.bamf.de/SharedDocs/Anlagen/ … le&v=7

New topic