Residence Permit for Blue Card holders

vollna • 11 August 2023
5 comments
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HI team! 
I have an interesting situation where ABH assures me that they ONLY consider me for a residence permit (Niederlassungserlaubnis) if I have a language certificate (B1 level at least). 
My situation is as follows:

  • Blue card issued 2019, expiring this year
  • freely speak german 
  • Uni diplomas from 3rd countries, not Germany
  • Did not do an Integration course since I always work full time

The list of documents ( on the BAMF website) says the B1 is only required if applying after 21 months, but after 33, you need just an Ausreichende Deutschkentnisse, which is usually tested by just speaking to the person. 

During the appointment, I told them that I didn't need a B1 certificate because my blue card was older than 33 months, but they still objected to me and said that BAMF website does not have full info and their computer says something else. 
If I don't have a B1 certificate, I must submit the Leben in Deutschland certificate, which obviously i don't want to do because I don't need to do it. 
This whole conversation took place in German, of course.
I studied all the chapters in the law, and I really cannot find to which paragraph they refer. 

I am not interested to going into the fight with them, but I really need to understand why they apply the rules that no other ABH applies. 

Any ideas? I would be grateful! 
 

Kategorie
Residence permit

Answers (5)

Moderation

Hi vollna , thanks for reaching out.
For a residence permit (Niederlassungserlaubnis) after 33 months only A1 german level is required. Could you tell me the federal state or the nearest major city where you live? We can connect you to a migrations service at your place.
.
My colleague will come back to you next week.
Best regards
Daniela

vollna

HI Daniela! Thank you for your answer. It's Brandenburg. I am in touch with the local ABH, but they don't seem open to learn what i am seeing on the BAMF website.

Moderation

Dear vollna thank you for your patience.
I totally understand the confusion the website of BAMF and your caseworker is causing. Since Germany operates in a federal system, every foreigners department can have slightly different requirements and can requests other documents. I have checked the requirements for Brandenburg and it mentions the following documents:
- Recognized and valid identity document (for example passport or passport substitute)
- Current biometric photo in passport format (45 x 35 mm)
- Employment contract or, in the case of a change of employer, binding job offer
- Proof of past employment subject to compulsory insurance for a period of 21 or 33 months (including paid insurance contributions, e.g. by submitting pension information)
- Proof of livelihood (for example, proof of income, proof of receipt of benefits such as parental or child benefits, alimony payments)
- Proof of health insurance coverage (for example, confirmation of health insurance coverage or insurance policy)
- Proof of knowledge of the German language at level A1 (after 33 months) or B1 (after 21 months) of the Common European Framework of Reference for Languages (for example, language certificate, German school, training or university certificates).
- Professional license if practicing a regulated profession (for example, license to practice medicine or professional permit)
- Proof of basic knowledge of the German legal and social system (for example, certificate of successful participation in an orientation course and successful completion of an orientation test).
Please note: This proof can be waived if there is an illness or disability that prevents the attainment of the knowledge. This must be proven in a suitable form (e.g. by a specialist medical opinion, proof of reasons which make the acquisition of knowledge impossible or unreasonable in the long term).
- Proof of sufficient living space (rental or purchase contract providing information on living space).
The documents and information must generally be submitted in German.
In individual cases, the foreigners department may require fewer or additional documents.
.
Lastly, I would like to mention that the possibility of submission of fewer documents or necessity of proof of the required documents lies at the judgment of the caseworker. This means that, in your case, there can be an exception of not providing an A1 language and orientation certificate. If you are still in contact with the foreigners department, you can advise them to their own website, that you, as a blue card holder for longer than 33 month only will need to provide A1.
I am very sorry to hear that the person is very strict and wants to see proof of the whole list.
If you want, I can check for a local migration councelling center for you. Local organisations usually knows the local foreigners department and might can help with the communication. Please also let me know if this isn't your responsible foreigners department. Happy if you tell me your actual city you are living in, then I can have another look or if you have further questions.

vollna

Dear Daniela, thank you so much.
I did the same research and was perplexed about the difference that was coming up - but your answer cleared things up for me.
Now I understand that slight differences are possible and that I don't find a detailed list in Aufenthg is also normal.

Thank you so much for taking the time and helping me sort this out. I did add my language certificate to the application, I have it. How ABH handled it was not informative for me, but I hope I have gotten through. I just felt that they are asking to provide all the possible and impossible documents, while the list is like what you wrote as a first comment "For a residence permit (Niederlassungserlaubnis) after 33 months only A1 german level is required".

One more time, thank you for your help, it is highly appreciated ❤️

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