[Help] [Urgent] ICT to Blue card visa

Please Help
How can I start the blue card process that is not affected by me going to India and coming back to collect it so that I can start working with my new employer in time while I am on an ICT visa with RP?

I was deputed last year(September 2019) by my Indian company to work at the client location XYZ in Germany.
German Embassy in India gave an ICT visa, which was printed on my passport.
Then when I reached XYZ, I did a local registration at Rathaus.
In September 2019 month's end, I applied for a Residence Permit with visa extension at XYZ's Rathaus
as my ICT visa(printed on passport) was going to get expired in October 2019

[from October to December I had a probationary visa as my ICT was expired and my RP was not with me]

On 2nd January 2020, I got my Residence Permit(RP card + zusatzblatt zum aufenthaltstitel)
RP card contains the validity period while zusatzblatt zum aufenthaltstitel contained the name of my company written on it. (I guess this is the ICT)
While receiving Residence permit the lady in the service room told me that both documents will work together & not alone.

On 9th Jan 2020, I got an offer letter from a German company located in MNO in Germany.
I wanted to join this new company as I liked many things(like salary, work culture, technology, job profile).
Therefore, On 16th January I signed the offer letter and submitted the resignation letter on at my company.
Notice period at my company is 3 months so my last day will be on 16th April 2020
My joining date for the new employer is 1st May 2020.

[Now]
On 23rd January 2020, I went to XYZ's Rathaus to apply for a blue card with the offer letter and other required documents.
Lady working there told me if you apply now then you will only be able to collect the card 1 week before the joining date (23rd April 2020)
I had a few questions that I asked and after getting some of the answers I found one problem due to which I did not apply for the Blue Card.

The problem is:
Lady at XYZ's Rathaus told me that
1. if you want to apply for the blue card then you have to stay in Germany till 23rd April 2020 (during the whole period)
2. If you leave for India then the blue card process will stop. Also, your residence permit will become invalid if you deregister from XYZ city.
3. I am not sure that I will be able to stay till 23rd April because my old employer can just decide to send me back to India anytime.
4. If I go back to India then applying for a blue card will happen from the German embassy.

My questions:
1. Is it right what the lady is telling me? Because one of my friends did the same and he was able to apply. Also, he will be able to travel between India and Germany based on RP.
2. Is my friend correct?
3. Should I consult my problem with someone working in the visa department or some kind of lawyer?
4. Please suggest me on what is that I should do now

It is true that you have to apply for any visa (or change of it) at your residence, meaning if you give up your residence in Germany and move to India, the German embassy there is in charge. But since you have a valid residence permit for the whole period, there is no need for that.
I believe that travelling (i.e. temporary visits) abroad are not a problem at all.
But other than that, you should follow the guidelines given by your local Ausländeramt. They know best (even if they tend to be slow and difficult to deal with)!

Yeah, I have got the solution. I don't have to deregister when my company sends me back. Then my residence permit will be still valid, meaning I will be able to travel back to Germany. I will deregister after I get my blue card from the Rathaus of the city XYZ.  And then I will have to go to city MNO to find an apartment and register there

Hi,

Did you sort it out to change to Blue card?? I am in the same situation

Hi Im in a similar situation your guidance and you feedback  will be highly appreciable .. do let know if i can contact you via email

Hi Did you get to change your visa from ICT to bluecard

Hello Laksh,
I hope it work good for you, and now you are already working in new firm.
We are also in the same situation, i have ICT binded with company, but getting a good offer from other firm. I want to change n apply for blue card. What you suggest should we go ahead and what should we take care of?
Thanks in advance for your help 🙂

Thanks
Rajlaxmi

please inbox me for my contact details. Let's resolve this over a call

Hello Laksh
Did you guys already have a call? I am also looking for answer to the same question as Rajlakshmi.

Hii.. I need help for a similar situation. Can you please help me? Inboxed you already

Hi, I think laksh27 and beppi should be able to help you best here.

Hi Laksh27, inboxed you. Kindly help

Hi Laksh
Can you please share your contact details if possible as I have similar situation and wanted to discuss it

Hi,

I need the information for ICT card to Blue card. Please provide me the details have you got or not?

Hey Varun,

Did you find an answer? Could you help me, I have a similar Situation.

Hi Guys,

I have a similar situation. As per my current indian company, I need to go back to India and server notice period from there and they also said as your deputation end, your visa will also end.

I have RP card with expiry April 2022. Do you guys think, I can return to Germany using my RP card and also do you think, if my company have authority to cancel my Visa from the day I return to India.
@laksh27 @beppi

As long as your visa is valid, you can of course use it to travel to Germany.
I don't know how long, after your employment ends, the visa is still valid. But I think there is a grace period for you to sort your private matters and leave the country. Ask your Ausländeramt about it!

Sure @beppi Thanks for your quick response.

I am also in a similar position .. could you please share your contact ?

Have you succeeded with the change ? Please let me know the exact steps to be followed

Send an email to Ausländerbehorde with your current situation and information about your unlimited contract then they will let you know on what documents they would need before confirming your blue card appointment

Should I need to resign after I apply for blue card or once I get contract ? Since I am in ICT visa. Also , if I apply for blue card , can I continue working in the previous company to serve notice period ?

I think you should not resign untill you get the confirmation on your appointment for blue card but  first check the policy in your company as they should allow you to serve the notice period in Germany.

Hi Laksh, I am also in similar situation, I have inboxed you.

Hello Laksh,

I am in same situation, can you please help. How you relsolved this.

Bidhu

Hello Laksh,

Wanted to connect with you on similar topic. Would you be able to share your email address?

abhupesh wrote:

Hello Laksh,

Wanted to connect with you on similar topic. Would you be able to share your email address?


The idea of this site is to share your experiences and ask questions. This is to benefit everyone, so why do it via emails unless you have something to hide?

@laksh27 Hi Laksh, I would like to talk to you about this process.

Prabhu: Please read the message by SimCity above yours!
Furthermore, the OP started this thread 2.5 years ago and has not visited this site since two years ago - so you might not get a reply.
Please post your concerns or questions on the forum for all to see!

@laksh27 I'm also in same situation. Will you be able to help me to convert ICT to Blue card?

@prabhu28maxi hi I have a similar situation shall we connect?


How can I start the blue card process that is not affected by me going to India and coming back to collect it so that I can start working with my new employer in time while I am on an ICT visa with RP?

Hi Laksh27, inboxed you. Kindly help
[email protected]

Hi Laksh,

Please send me your personal number.I really need to talk to you.Stuck in a very bad situation.

@hrittik7 This forum is meant for open communication and exchange. If you discuss your situation only in private (and with a user who last visited the forum months ago and thus might not even reply), you will get less advice.

Can anyone speak from experience?

Here is what I know from talking to ppl


1. Resign after you get contract and blue card appointment date

2. Usually BC appointment date will be 7-10 days before the joining date in you next company

3. If you visa is valid you can still enter Germany even if your employer sends you back


Solution offered by laksh might not work in cases where for the full and final settlement your old company might require proof of de registration after you have move back to your home country...else they won't release your experience letter

@Abs7982 you don't have to do de-registration and an employer can not force you to do de-registration so I guess that will work.

@jatinder kumar67 I have checked with the visa office if u have a valid resident permit you can enter Germany with the old one ...leaving the company don't have any impact on the resident permit .

Thanks Jatinder for your reply..in my current company it is mandatory to de register after you return else your offshore salary won't be processed1f601.svg

@Abs7982 but you can ask not to de-register ..they can not be forcing you to do city de-registration.

@Abs7982 If you have a visa for the purpose of working for company A and you leave the company, the visa becomes invalid - regardless of the validity it originally had.


If, however, you have a visa allowing changes of employer (and periods of unemployment inbetween), then what you describe is perfectly o.k.(but de-registering might not be o.k.).


I am not a lawyer, but I think a clause that your final salary is only released after you left the country is almost certainly illegal and therefore void.

Guys thans for your response..I have an ICT work permit which is valid till 2024