Skip to content
Guesswhat
Updated:

Change of Permit from Family Reunification to Blue Card

Hello,

I am not an EU citizen and I'm married to a German citizen.
I would like to apply for a change of my residence permit from family reunification (§ 28 Abs. 1 S. 1 Nr. 1 AufenthG) to a Blue Card.

I am an IT professional and meet all the requirements for obtaining the Blue Card. However, I have a Swiss employment contract and work in Switzerland, commuting there daily.

My residence situation is as follows:

  • I have been married to my German spouse for 3 years and 7 months;
  • We previously lived together in Switzerland, but 1 year and 8 months ago, we decided to move to Germany, where I currently reside;
  • I live in the border region with Switzerland and hold also a swiss cross-border commuter permit grenzgängerbewilligung, which allows me to work there.

Given this scenario, I have a few questions:

  1. What are the chances of qualifying for a Blue Card considering my Swiss employment contract and the fact that I reside in Germany?
  2. The required application form ("Declaration of Employment" / "Erklärung zum Beschäftigungsverhältnis") only includes fields for German companies. How should I proceed in this case?
  3. Can the immigration department decide on this matter independently, or is there an alternative for such a situation?

I am confused about the process and would greatly appreciate any guidance.

Best regards,
 

4 Comments

Reply (4)

Profile Picture
Yara__Community_Manager

Hello @Guesswhat , thank you for reaching out to us. 
As far as I know, unfortunately, it is not possible to receive the Blue Card if your work is not in Germany. Being in Germany and having a German employer is a requirement for the Blue Card residence.

 Therefore, in the application the required field only allows German companies.
 The immigration office is the department that issues residencies. More information about the Blue Card can be found on our website:

https://handbookgermany.de/en/eu-blue-card 

Please let me know if you have any further questions.
 Best wishes

forum.reply
Guesswhat

Thank you for the message, in this scenario which Visa would be applicable in case of not desire to maintain the family reunification visa? Thank you.

forum.reply
Profile Picture
Yara__Community_Manager

Hi, 
There is the so called independent right of residence for spouses. Which you might want to take a look at. 
More information can be found on the following link below. 

https://handbookgermany.de/en/independent-residence-title-spouses


Please let me know if you have any further questions. 
Best

forum.reply
Profile Picture
Yara__Community_Manager

Hello @Guesswhat , I have some additional information. Since you are married to an EU citizen you can also look into the residence regarding spouses of EU citizens, if you partner is non German. 

https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.htm 

Please note we cannot advice you in regards to what the best residence for you is, we can only give you information that you can look into and make a more informed decision. 

You can also search for an advice centre here: https://bamf-navi.bamf.de/en/Themen/Migrationsberatung/ 

Best wishes 

forum.reply
A project by:
  • medienmacher
  • Funded by the European Union Logo
  • Funded by the Federal Ministry of the Interior and Homeland Logo
  • Funded by the Federal Government Commissioner for Migration, Refugees and Integration and the Federal Government Commissioner for Anti-Racism Logo
Funded by:
  • International Rescue Committee Logo