EU "Blue Card" for highly skilled specialists
Germany implements EU Directive "Blue Card", COUNCIL DIRECTIVE 2009/50/EC of 25 May 2009 for high skilled employees on August 1, 2012. The immigration of foreign skilled nationals has the purpose to enable immigration of highly qualified employed foreigners from countries outside of the EU. The time will tell whether this regulation changes the rigid practice of the German embassies abroad and of the national aliens offices to prevent the immigration of high skilled nationals.
The Federal Government wishes to strengthen the German labour marked with § 19 a) aliens act. The income threshold for an unlimited residence permit for highly skilled workers shall reduced substantially. The necessary income will be reduced. The federal government hopes that by this way they can make an attractive offer to highly skilled foreign professionals. Time will tell whether the immigration authorities in Germany really will be successful to initiate a "welcoming culture" for highly skilled immigrants and foreign specialists or top experts as announced in a press release. The federal government has the idea that the private companies are able to offer attractive jobs for international experts.
The holder of an EU Blue Card shall get a permanent residence permit if he has had at least 33 months a job in accordance with § 1 Aliens Act and has done for this period compulsory or voluntary contributions to statutory pension insurance or expenses for a claim for comparable services of an insurance or care institution or an insurance company and prove the conditions of § 9, paragraph 2, sentence 1 number 2 and 4 to 9 of the Aliens Act. § 9, paragraph 2, sentences 2 to 6 Aliens Act shall apply accordingly. The period is reduced to 21 months if the foreigner can prove German language proficiency level B1. Then the blue card is almost a kind of EU-"green card".
For the year 2021, the minimum gross annual income is 56800 euros. If this minimum salary limit is met, the issue of the EU Blue Card does not require the approval of the Federal Employment Agency (§ 2 Para. 1 No. 2 Letter a Employment Ordinance). The salary limit must be reached irrespective of the working time model. There is no proportional calculation for part-time jobs. Likewise, no individual examination of the individual case is provided for if the salary limits are not reached.
A reduced minimum gross salary limit for so-called "deficient occupations" was laid down in § 2 (2) of the Employment Regulation. For the year 2021, this limit is 44304 euros. The EU Blue Card can only be issued to this group of persons with the approval of the Federal Employment Agency. A so-called priority check is not carried out. It is only checked whether the working conditions correspond to the local standard. If the foreigner has a domestic university degree, the granting of the EU Blue Card to him or her does not require the approval of the Federal Employment Agency, even if he or she would fall under the regulation on occupations for which there are shortages (Section 2 (1) no. 2 letter b of the Employment Regulation).
As your lawyer I will support you to benefit from this "welcoming culture" at the German immigration authorities and embassies and the administrative courts.
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