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Dou

Blue card Validity

Hello,

I’m currently on a Blue Card and lost my job 10 months ago. I’ve been registered with the Agentur für Arbeit until September.

I’ve read several articles about my situation, but I’m confused about how the validity of my Blue Card is determined. Does it depend on the Agentur für Arbeit registration, the expiration date printed on the card, or can the immigration office revoke it earlier?

I visited the Welcome Center for clarification, but unfortunately, I left more confused.

Where can I get accurate legal advice regarding my Blue Card status and next steps?

Thank you in advance for your help.

Best regards,
 

2 Comments

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Yara__Community_Manager
Updated:

Hi @Dou

Thanks for coming to our forum with your concerns, we often have many community members with the same questions. 
We cannot give legal advice on the platform. For legal advice would have to contact a lawyer or a counseling center that offers legal advice. 

Maybe @Faire__Integration_in_Schleswig-Holstein has some more information for you.

Best wishes

Yara

 

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Faire__Integration_in_Schleswig-Holstein
Updated:

Hello @Dou ,
according to my research, the requirements for the EU Blue Card only apply for 3 to a maximum of 6 months after losing your job. This depends on how long you have already been a holder of the EU Blue Card. The immigration office can then check whether another residence permit is available for job searching. To my knowledge, the immigration authorities may revoke the residence permit under the EU Blue Card if the requirements are no longer met or if another reason specified in Section 52 (2b) of the Residence Act (AufenthG) applies.

In the application guidelines for the Skilled Immigration Act however, I found the following: "In addition to the remaining validity period of the residence permit, the immigration authorities should also take into account whether the foreigner is entitled to unemployment benefits based on contribution payments. During the remaining term of the original residence permit or the subsequently limited period determined by the immigration office, the foreign national concerned may therefore seek new employment." (available in german at the following link under margin number 18g.V.3: https://www.bmi.bund.de/SharedDocs/downloads/DE/veroeffentlichungen/themen/migration/anwendungshinweise-fachkraefteeinwanderungsgesetz.pdf?__blob=publicationFile&v=5) 
Therefore, only the immigration office can provide you with a legally binding answer to your question.

As we are an advice center for labor law, I would recommend that you contact an advice center for residence law issues and clarify as soon as possible how you should notify the immigration office of your job loss, if you have not already done so. To my knowledge, you are actually obliged to inform the immigration office within 2 weeks of becoming aware of your job loss ( Section 82 (6) sentence 1 AufenthG).

I hope that helped! 
Best regards
Nora

Faire Integration in Schleswig-Holstein

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