Fear Sir or Madam,
The person has a temporary residence permit issued according to Sec. 24 Immigration Act.
Is there a possibility to file a status change inside the territory of Germany without the requirement for the person to first leave the country or return to Ukraine from temporary protection or other forms of adequate protection to employment-based residence permit during the temporary protection regime and at the end of this regime (e.g. single permit for work, EU Blue Card for highly-qualified workers, family reunification)?
If yes, could you please provide a link to the corresponding law?
Thank you in advance!
Ruslana
Dear Ruslana, I am sorry to hear that the immigration offices did not issue the Blue card, even though the person fulfilled the requirements. However, it seems that with a §24 you are not allowed to apply for a EU blue card so easily. I would suggest that you seek out migration counseling to see the different options that you might have.
In general, when you think the immigration offices did not make the right decision. You can appeal some decisions of the immigration office, please make sure to consider legal advice before doing so. Unfortunately, we cannot offer legal advice on the platform. The §39 of the Ordinance governing Residence (Aufenthalstverordnung, AufenthV), among other directives, regulates the rules around extending and receiving a residence status.
The issue is that, often times, in residence law the immigration have a so called "Ermessenspielraum" which means they can decide on their own discretion. Often so called "Ermessungsfehler" or faults in the decision of the immigration office can happen. This is very frustrating for many that have to deal with the immigration offices around Germany. If you think that has happened I would advice you to seek out counseling. I can help you search for an advice center near you. If you let me know what city you are in.
Best wishes
Yara
Yara _Community Manager many thanks! That`s clear. I will let you know if I will look for counseling.
Dear Ruslana, I doubled checked the answer with some of my colleagues. Unfortunately, it is now quite clear if you can easily switch to a blue card with a §24 residency. There is contradicting information from the interior ministry (BMI) as they have said that you do not need to go back to the Ukraine to apply for a blue card. Unfortunately I only found the source of this information in German: https://www.nds-fluerat.org/infomaterial/asyl-und-aufenthaltsrecht-in-d…
I will adjust my first answer accordingly. If I receive any more information on this I will let you know.
Best wishes
Hello Ruslana, I have some updates regarding the "switch" to the Blue Card. It should be possible, once all the requirements are fulfilled to apply and receive the Blue Card.
You can find more information on the application for a Blue Card here: https://handbookgermany.de/en/eu-blue-card
Best wishes
Yara
Thank you very much!