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In Berlin, Germany, the Blue Card requirements says the following:

When engaging in employment

  • with an annual gross income of at least EUR 52,000 (or gross income of EUR 4,333 monthly) or,
  • in shortage occupations, an annual gross income of EUR 40,560 (or gross income of EUR 3,380 monthly), and when in possession of a German university or university college qualification,

no approval is required from the German Federal Employment Agency (Bundesagentur für Arbeit).

However, when

  • holding a foreign university or university college qualification and
  • engaging in employment in a shortage occupation,

the Federal Employment Agency must provide approval.

The first and second parts seem contradictory.

So my salary is above 52k and I'm in a shortage occupation with a foreign degree.

Going by the first part, it would seem like I don't need approval (income is above 52k - check, no approval necessary). I would expect this part to say "in non-shortage occupations" (or some variant of that), if that were true. Since there's no condition, it should apply for everyone above that income.

Going by the second part, it would seem like I do need approval (since both of those things are true).

So... which is it? Do I need approval?

If this question should be asked to some official entity instead, I'd appreciate some advice about who to ask.

  • Why do you need to worry about this check, if you are in shortage occupation? Then, even if it will go through Bundesagentur für Arbeit, with very high probability, your application can be approved. – Andrey Sapegin Sep 10 '18 at 12:00
  • @AndreySapegin I'm not worried, it's just additional documents I need to complete and ask my employer for. – Visitor Sep 10 '18 at 17:54
  • From my own experience, I do not think that you need to complete additional documents, but you may wait longer for the decision on the residence permit, since the extra approval takes time. – Andrey Sapegin Sep 11 '18 at 7:33
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You do not need approval.

In response to a query, I received an email from the Federal Employment Agency with a table containing, among other things, the following:

Qualification: German university degree or graduated from a foreign university + a job offer
Gross annual salary: At least 52.000,- €
Participation of the Federal Employment Agency: No confirmation required
Residence Permit: Blue Card EU

Qualification: Foreign university degree + job offer for jobs where there is a shortage of applicants
Gross annual salary: At least 40.560,- €
Participation of the Federal Employment Agency: Check of the working conditions
Residence Permit: Blue Card EU

This appears to more clearly indicate that approval is only necessary if you're in the 40k to 52k bracket.

I also had my appointment with the Foreigner's Office, and they didn't ask for this.

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