Dear together in germany team,
I have living in Berlin for the past 3 years, two of which i was doing my masters. In September, I started working full time. My job-seeking visa expires on the 19th of December.
Given the changes in the EU blue card coming end of November, can I apply for it? Some more information bellow:
Job: communications at a research institution. Work deals with academia and has a web development component
salary: 3500E monthly + 70% bonus.
age: 26
I am not sure my profession qualifies for as a shortage occupation, something I am still checking with my company. However, would i even need that given i graduated less than 3 years ago?
I have been trying to get an appointment at the Ausländerbehörde with no success. If I can wait until these changes go through it would be much easier given the EU BC online application.
Please let me know,
Thank you very much indeed!
Dear evalencia100, thank your for reaching out.
You are correct that there will be changes for all skilled workers, hopefully starting in mid of November 2023.
Since your residence permit will expires soon, you will need to apply for a work permit at the foreigners department. After your application, the federal employment will check if you are eligible for a blue card or as a skilled worker. On our website you can find more information about the current law and the planned changes for a blue card.
As I couldn’t see your position clearly in the shortage occupation list and your salary is slightly underneath the minimum wage for a regular blue card. Unfortunately, there is no duration after a graduation mention to be considered as job starter. So, the decision will be up to your case-worker and the federal employment agency.
I am sorry that there is no clear answer for now.
Wish you all the best and please feel free to get back to us again.
Dear My,
Thank you for your response. I am not sure I understand. I thought one applies differently for a work visa or a blue card. For the work visa i first make an appointment with the Ausländerbehörde, with the other i submit my documents online and wait for an interview. Indeed, this is in part why i want to confirm whether i can apply for a BC.
On your website, I see the link to the law to be implemented on the 18th of November. However, the link takes me to a 25 page online document written in legalistic German which I do not understand.
I have read online that part of the November changes are the introduction of a "EU BC for young professionals" in which one can obtain the small EU Blue Card when one reaches the minimum salary threshold (45.3%). In other words the shortage occupation minimum is applied for standard occupation when the applicant has graduated in 3 years. If true, I could apply for the EU BC, right?
sources:
- https://assets.ey.com/content/dam/ey-sites/ey-com/en_gl/topics/tax/tax-…
- https://www.noerr.com/en/insights/act-to-promote-skilled-worker-immigra…
Again, I am not sure I follow what you mean with "the decision will be up to your case-worker and the federal employment agency". Do you mean that the case worker and the federal employment agency will determine whether my profession is indeed in shortage? or is it that by sending my application for a work visa i am then considered for a blue card?
Thank you again for your help.
all the best
Hello evalencia100 thank you for your feedback. Apologies for the misunderstanding.
It is correct that the foreigners department in Berlin just implemented a new system to submit your documents for a Blue Card (BC) application online. After their review you will receive an appointment. If a person is eligible for a skilled worker, they still need to book an appointment to apply. Hopefully, the online system will be open for all kind of applications soon.
However, you are allowed to book an appointment at the foreigners department for a blue card or a skilled worker anyways. Either way, your documents will definitely get reviewed by a case-worker and the federal employment agency. They will check your documents and if you match all the requirements for a Blue Card or as a skilled worker. At the end the federal employment agency decides on the basis of your documents, what kind of permit you will receive. Please note that only for regular blue cards the federal employment agency does not have to be involved.
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The new law is planned to come into force on November, 18th, but the final confirmation from the government is still missing. For now the online application system of Berlin still shows the current requirements for the Blue Card. You might want to check that after November, 18th again. In the meantime, it is recommendable to try to book an appointment with LEA, just in case something will take longer than expected. It is very important to request an appointment before your residence permit expires!
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To sum up your questions about the new skilled workers law: you are correct that young professionals who graduated in the last 3 years can be eligible for a blue card with a lower annual income (2023: 39.682,80€), even if they don't work in a shortage occupation. Furthermore, if you receive a BC is depending on your degree and the position you will start in. As you might know, to obtain a BC, you will need to match all 3 requirements: the mentioned salary, a degree and a study-equivalent position.
You can find easier information on the website of make-it-in-germany.
I hope this is clearer now. Please let me know if there are still misunderstandings or further questions.