[Urgent] [Help] ICT karte to Blue card

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

I was deputed to Germany in January 2019 by Indian company to work at the client location  in Germany.
German Embassy in India gave an ICT visa, which was printed on my passport.
When I reached Germany I did a local registration at immigration office.
Later I applied for a Residence Permit .

I got Residence Permit(RP card + zusatzblatt zum aufenthaltstitel)
RP card contains the validity period while zusatzblatt zum aufenthaltstitel contained the name of company written on it.

Recently I got an contract offer letter from a German company located  in Germany.
Notice period at my present company is 3 months.

joining date for the new employer is September 2021

My questions:

a) Can I go to immigration office and apply for blue card based on contract letter offered and without resigning my present company. Can I resign only once I obtains blue card.

b) if I have to resign to apply for Blue card, and if my present employer sends me back to India because of  ICT card.  Will my current RP be valid till original expiration date or  will I be deregistered.  how Will I able to return back to Germany.

c) if my company sends me back to India on resignation for exit formalities. Will my blue card application stop?

Should I consult my problem with someone working in the visa department or some kind of lawyer?
Please suggest me on what is that I should do now

There is a similar thread by laksh27

https://www.expat.com/forum/viewtopic.p … 92#5019836

I know Arvind. But since laksh27 has disabled DM. I couldn't reach him. Further he has not provided detailed solution for the issue. Do you have any leads or knowledge about the process then please suggest.

In the same thread, there are new posts by vishal and prady who are undergoing similar process. Pls reach out to me. Unfortunately I don't have the required intel

Hi Abhishek,

I was in similar situation. I have consulted local immigration office and applied for blue card based on contract letter offered and without resigning from my present company.
But, Blue card processing took longer duration like 4 weeks. So,I have resigned once I got confidence from local Immigration office that I will get Blue card after an Appointment with Immigration office.
I would suggest on safer side that don't leave Germany until you get Blue card residence permit due to current travel restrictions imposed by Germany on India.

Thank you so much kamlesh. Please check your inbox.

Could anyone tell me if I will get both Indian and German salaries if I am transferred to Germany on ICT?

@Khushi R Hey ...

That depends on your company and the contract between you nd your company...

Certainly, it's not compulsory for you to get both salaries.. but there is a criteria for minimum salary / wage in Germany if you are coming here for long periods (> 180 Days), then in the event of taking ICT Visa From VFS India for Germany. Certain Documents has to show how much gross monthly will be paid to you by company for sustainable living. On basis of that only, your pre-approval letter (ZAV Document) will be processed by Bundesagentur für Arbeit..

That's only for Documentation purpose to take visa. But what company will pay you as part of salary or wage, that's discretion between you and your company. They must have offered you Something to accept before you proceed.

For more information, you can

@Khushi R The answer to this depends on your company - there is no general rule about it.

But receiving two salaries, and one of them (in India) for work not performed in the country, certainly complicates the tax situation.

This being the Germany forum, I cannot comment on the Indian view of this, but in Germany you will be tax-liable with your entire world income, unless a bilateral tax treaty specifies otherwise (check whether there is one with India and what it says!). Without a treaty, double taxation is likely. Even if there is a treaty, it usually gives taxation rights to the country where the work is performed - i.e. Germany in this case. And I know from own experience that foreign income much complicates your tax declaration and mulitplies the fees you will have to pay to a tax adviser (unles you are fluent in legalese German and confident enough to do it yourself - I don't, despite being native German speaker!).

Altogether, my advice is: Avoid income in multiple countries while living in Germany!!!

@beppi Thank you