2

I am on a Blue Card since 2017 and have applied for the Niederlassungserlaubnis in October 2020 in Germany. Authorities reached out to me in January 2021, saying that the minimum threshold for the required salary has increased in January 2021. My salary is now less than that minimum. I need to get an increased salary to qualify for the Blue Card. It's strange.

My questions are:

  1. Since my Blue Card has already been issued in 2017, why do they need to reevaluate it? Technically, I am Blue Card holder.

  2. Even if they have to reevaluate, I already applied in 2020 when my salary was as per requirement. They started processing in 2021. That is not my fault, correct?

Has anybody else experienced this? Any advice on how to proceed?

1
  • (+1) You need to fulfill all the conditions to keep your Bluecard, I would not be surprised if they were allowed to reevaluate that at any time, holding the card since 2017 doesn't necessarily protect you. Also, since legal residence is a condition to get a Niederlassungserlaubnis, it's not surprising your application would prompt the authorities to check your current situation. Now the question becomes what happens to a Niederlassungserlaubnis application if you fulfill all the requirements but something happens before they processed it. I don't know that.
    – Relaxed
    Feb 16 at 13:48
1

From what you wrote I would imagine that your Blue Card expired and that you or they expect you to keep it even after you get your Niederlassungserlaubnis. I believe this means you will be issued a new Blue Card which in return means you have to satisfy new requirements (salary treshold).

As I understand it, those two things are separate and even though getting NE depends on your BC (getting NE after 21 or 33 months after getting BC), getting actual NE doesn't invalidate your BC (although some people report Ausländerbehörde occasionally does this), unless you want it to or leave it to expire.

More details are needed on order to try to help you more but on the good side - perhaps this is a good schlagwort/reason to ask for a raise? :)

5
  • Excellent point! The Blue card is based on EU law and opens up rights in other EU countries so it certainly ought to remain separate from the German permanent residence status. The question raises another issue though, what happens if you fulfill all the requirements (e.g. 33 months residence under a Blue Card), you apply for the Niederlassungserlaubnis and then you somehow lose your right to a Blue card before being granted permanent residence (say you lose your job or something like that). Do you know about that?
    – Relaxed
    Feb 24 at 10:24
  • It's most likely defined somewhere in the laws (is there anything that isn't defined by law in Germany?:) but I believe it's not that 'strict' or big problem. It's ok to be in 'limbo' for some time while the decisions are being made by the authorities and, in any case, you can always get Fiktionsbescheinigung - a permit that extends the last permit you held (up to 3 months, I believe)
    – 6opko
    Feb 24 at 11:08
  • 1
    But to answer you question: "what happens if you fulfill all the requirements (e.g. 33 months residence under a Blue Card), you apply for the Niederlassungserlaubnis and then you somehow lose your right to a Blue card before being granted permanent residence" directly - you have fullfilled all the requirements and are just waiting for NE to be issued. If you need to travel you get Fiktionsbescheinigung. Been there, done that.
    – 6opko
    Feb 24 at 11:10
  • Thanks for the feedback but I have never said My BlueCard is expired, as I said, I am a BlueCard holder. Its still valid untill the end of the year. Question is, why do they need to reevaluate it before NE issuance? Feb 25 at 11:15
  • 1
    If it's not expired I think they shouldn't reevaluate it, that's why I said "I would imagine that your Blue Card expired". Bottom line: as with any German authority - send them a letter with your questions and they should note the laws and paragraphs they are following in your case.
    – 6opko
    Feb 25 at 15:09

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.