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:
- What are the chances of qualifying for a Blue Card considering my Swiss employment contract and the fact that I reside in Germany?
- The required application form ("Declaration of Employment" / "Erklärung zum Beschäftigungsverhältnis") only includes fields for German companies. How should I proceed in this case?
- 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,
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