Conversion of work permit into blue card

Question

I am a software engineer with

• 9 years of experience in India and
• a Bachelor's degree recognized in Germany in the same domain

moving to Germany for 1 year, for an "on site" role. My employer create a German contract and will apply for a work permit for me, which i assume will be valid for 1 year. My salary is supposed to be about 60-65K EUR.

My questions are:

1. Will my work permit be a Blue Card by default ? If not, can I apply for it during my 1 year in Germany?

2. Will I be able to change employers in Germany while on work permit/blue card?

It would be helpful if someone can also point me to the correct official resources where I can get this information.

Answer 1

Usually, an employer cannot apply for a residence permit (and work permit) for the employees. Rather, one will get a contract from the employer and needs to apply himself for visa before entering Germany.

After entering Germany, one usually has 3-6 months (until the initial visa expires) to rent a flat, register (within 2 weeks after moving into the flat) and to apply for a residence permit (again on his/her own). This residence permit can be a Blue Card, but one could also apply for another type of residence permit as well.

Please see my other answers for more info:

Blue Card vs Work Permit for IT Specialists

The visa before German Blue Card

You will also be able to change employer with both Blue Card and other residence permit. However, in both cases within the first two years you will need to apply for a permission to change an employer, after 2 years you can change an employer freely.

P.S. I'm not a lawyer.

Answer 2

1) No, the Blue Card application is not automatic. It must be applied for at the Cousulate when the initial visa is applied for.

• if you fulfill the main conditions (salary is fulfilled)

In your case (assuming you lac a degree) proof of a minimal 5 years experience in the profession may be sufficient, but is only a Option.
(the guidelines imply that this is an exception and not the rule for a Blue Card)

• the exact form of this proof is not stated in the guidelines
• English probably, preferably with a German summary
  • maybe your employer could help with that in a letter form

Note: the final decision is made at the local Foreigners office, so something in German, may ease the decision process

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When a positive decision has been made for the Blue Card, a standard national D-Visa (6 months) will be issued, which will be replaced with a Blue Card in Germany.

The Blue Card would then be valid for either

• 4 years or
• length of contract plus 3 months

A permanent visa will be issued after

• 33 months or
• 21 months with B1 certified German knowledge

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2) Until you receive a permanent permit, permission must be obtained before any change of employer is done

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A general discription (in German) Was ist die Blaue Karte EU/EU Blue Card?