3

Firstly, let me provide some background information. I am an Australian citizen who is moving to Germany for a job which starts on July 1. I have been issued what I'm pretty sure is an EU Blue Card visa for Germany from the consulate in my country. That is, in my passport I have a Type D visa, with the following written in the remarks section.

BLAU KARTE EU GEM § 18G (1) S.1 AUFENTHG EWT ERLAUBT AUFENTHALTSDAUER ENTSPRICHT GÜLTIGKEIT

According to this website, the EU Blue Card is a work- and residence permit, and so my current belief is I have also have a residence permit. This is important because my work contract specifies the following requirement, which seems to say that I need to be issued a residence permit and present it to my employer before July 1.

Die Einstellung zum 01.07.2024 kann nur erfolgen, wenn ein die Beschäftigung gestattender Aufenthaltstitel bis zum 01.07.2024 erteilt wird.

Based on my current understanding that my visa is indeed an EU Blue Card, I should be able to satisfy this requirement since I will be arriving in Germany on June 25.

However, according to this video from the Make it in Germany website, as part of the process for obtaining an EU Blue Card I need to register for a residence title at the Foreigners Office after securing housing and registering. I am now having doubts about whether or not I can fulfil the requirement outlined in the work contract. Namely, it occurred to me that perhaps I actually need a residence title, not a residence permit. This would be problematic because I have heard that it can take several weeks to be issued a residence title from the Foreigners Office.

My questions are as follows:

  1. Is it true that the visa I have been issued is an EU Blue Card, and hence also works as a residence permit?
  2. Does my work contract require a residence permit, or a residence title?

Thanks for your help!

3
  • 1
    Your visa is like an entry permit to get your residency permit to follow up with rest of procedure that will take place in Germany Commented May 22 at 9:12
  • If you want to dig deep into the law, you have to be mindful of the fact that (1) a lot of German sources use somewhat imprecise English translations and (2) many the rules come from EU law, where the same English or German-language terms can have a slightly different meaning. For example, “permit” in the Schengen acquis is essentially synonymous with what French or German law call a “title” and therefore includes long-stay visas. Similarly, there are two distinct “permanent resident” statuses you can get obtain separately or concurrently as a Blue Card holder in Germany.
    – Relaxed
    Commented May 23 at 7:40
  • A lot of questions and confusion comes from treating things like “permanent residence” as a single well-defined concept when it isn't (by contrast, Niederlassungserlaubnis and EU long-term residence are).
    – Relaxed
    Commented May 23 at 7:41

3 Answers 3

9

The other answers get lost in the details at the risk of confusing the issue further when it's actually quite simple. What this clause does is simply making the start date contingent on having completed the paperwork to be allowed to work in Germany (which you did since you got the right type of visa). It does not place any additional restriction on the type of documentation you need beyond what's required in German law.

You can use the visa you got to enter Germany, start working, and apply for the actual permit (the plastic physical card). That permit will eventually replace your visa and serves to establish your status when leaving and entering the Schengen area. This is completely normal and the way this works in most European countries. And yes, what you got is indeed an EU Blue Card.


Now if you want to parse the legal language used in your contract, one important detail is that a residence title is anything that allows you to reside in Germany. It's a slightly broader notion than residence permit and explicitly includes long-term visas or the EU Blue card. For example, it would also cover a permanent residence card (or “settlement permit”, Niederlassungserlaubnis) or an EU long-term residence permit. All of these are residence “titles” as defined in German law.

So die Beschäftigung gestattender Aufenthaltstitel means “the residence title allowing you to take the occupation”. It's probably some boilerplate included in any work contract with foreign citizens, formulated that way because it can be used in many other situations beyond hiring EU Blue Card holders. Incidentally it refers to the occupation presumably because some residence permits, including yours, do not cover all jobs or occupations (you are only allowed to take qualified jobs above the EU Blue Card pay threshold).

2
  • 2
    +1 for the excellent summary of the information, but I’d disagree with the suggestion that OP is “vastly overthinking this”. Long-term visa/immigration rules are so complicated, capricious, and full of easy-to-miss technicalities that can come back to bite you five years later, that they’re one of the few places in life where triple-checking every detail and minor wording discrepancy is absolutely the right thing to do.
    – PLL
    Commented May 23 at 10:04
  • @PLL Fair enough, I tried to edit the answer a little bit to address this point.
    – Relaxed
    Commented May 23 at 12:52
7

Is it true that the visa I have been issued is an EU Blue Card, and hence also works as a residence permit?

Yes.

Aufenthaltstitel is a generic term for any kind/type of residence permit (of which a Blue Card, §18g AufenthG is only one of many).

Your German D-Visa states that a Blue Card, §18g AufenthG has been granted ('ERLAUBT').

I need to register for a residence title at the Foreigners Office after securing housing and registering.

These are tasks/conditions that you can only compleate/fullfil after your arrival in Germany. Once this has been done then the Aufenthaltstitel will be issued.

A Fiktionsbescheinigung can be requested as confirmation that the process has been completed until the physical plastic card has been produced and handed out (which can take some time).

that I need to be issued a residence permit and present it to my employer before July 1.

The D-Visa itsself is a Aufenthaltstitel, mostly valid for 3 months. The Fiktionsbescheinigung can cover the time between after the visa expires until your physical plastic card has been produced and handed out.

2
  • The "erlaubt" thing is somewhat more specific. It is for Erwerbstätigkeit (EWT/"work"), i.e. OP is permitted to work.
    – Jan
    Commented May 22 at 10:56
  • 1
    That said, German employers usually care much more about work permits than about residence titles. Residence titles are the employee's problem, but missing work permits can cause big problems for the employer.
    – Jan
    Commented May 22 at 10:58
3

Is it true that the visa I have been issued is an EU Blue Card, and hence also works as a residence permit?

In Germany, it seems not to be an EU Blue Card out right (national (D) visas and residence permits are a matter of national law and not EU law, explaining the differences between countries).

While your application is already granted, the visa works as a substitute that allows you to remain and work while your physical EU Blue Card is made and sent out.

Aufenthg § 4 - Residence title requirement states (abstract) :

Residence titles are granted in the form of

  1. a visa pursuant to section 6 (1), no. 1 and (3),

[...]

2a. an EU Blue Card (section 18b (2))

Your D visa is a residence title in its own right

§ 6 - Visas:

A visa for the federal territory (national visa) is required for longer stays; this visa is granted before the foreigner enters the federal territory. It is issued on the basis of applicable provisions for a temporary residence permit, EU Blue Card, ICT Card, permanent settlement permit or EU long-term residence permit. The duration of lawful residence with a national visa is offset against the periods of possession of a temporary residence permit, EU Blue Card, permanent settlement permit or EU long-term residence permit.

The above means that the time you reside in Germany under the visa will be added to your EU Blue Card residence counter.

Does my work contract require a residence permit, or a residence title?

IANAL, but since the law talks about a residence title and that any residence title holder can pursue an economic activity, you are absolutely fine with your D visa while you wait for the card :

§ 4a - Access to economic activity :

(1) Foreigners holding a residence title may pursue an economic activity unless there is a law prohibiting such activity. The economic activity may be restricted by law. The pursuit of an economic activity going beyond a ban or restriction requires permission.

1
  • Your first paragraph is not correct. The text in the remarks field states which type of residence permit has been granted. Commented May 22 at 6:04

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

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