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Confusion regarding §18g vs §18b Blue Card?

Hello I am working in Germany since 2022. I have a card that I got in Aug 2022 on which 'Blau Karte' written with '18b'. I fulfill all the eligibility needed for Blue Card. Now when i went to apply for PR after 27 months with A1, the auslanderbehorde said that my permit is in 18b and not 18g hence i need to apply after 36 months with B1. Should i tell her to convert my 18b blue card to 18g blue card to be eligible for PR. Anybody faced this problem? I am okay with waiting for next 3 months to complete 36 months on Blue card, but she is asking me for B1 also. Is she right on her part? Is B1 really required? Please tell me how to convince her to consider my case with proofs of official links.

7 Comments

Reply (7)

My_Community_Managerin

Hello @AN thank you for reaching out to us!

I am sorry to hear that you had difficulties when applying for a permanent residency. The situation is indeed confusing, especially since the legal paragraph for the EU Blue Card changed in 2023 - from §18b(2) to §18g.

However, since your first issued residence permit was a Blue Card (§18b(2), the foreigners department should still recognize your eligibility for the corresponding privileges. It is possible that the person you spoke to was confused with the general skilled worker residence permit under §18b(1), which does require 36 months of employment and a B1 language certificate.

You might consider contacting a local migration counseling center. They are usually familiar with the procedures of the local immigration office and can help you clarify the misunderstanding and support your re-application.

If you let me know where you currently live, I am happy to help you find a suitable counseling center. Alternatively, you can check the BAMF website for centers near you.
Happy to get your feedback! Please also let me know if you have further questions.

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Thank you for the advice. Is there I can write to auslanderbehorde for them to get convinced.

My_Community_Managerin

Dear @AN you can find the old law for §18b (2) on this website: https://www.buzer.de/gesetz/4752/al186938-0.htm

Since 18.11.2023 the Blue Card changed to §18g. Unfortunately, the text is only available in German but the coworker at the foreigners department should understand that.

In case you need local support, you can find a migration counseling center. Please let me know if you need help to find one in your area or have further questions.

My_Community_Managerin

Dear @AN I hope you are doing good!

I just wanted to ask how everything went out for you. Were you able to apply for a permanent residence permit with the advantages of holding a blue card?

Happy to get your feedback or hear about your experiences. Please also let me know if you need any support or have further questions.

Hello. Things worked out for me. I told them that as following '

I currently have an EU Blue Card, which was issued to me in accordance with Section 18b (2) of the Residence Act. As far as I know, with the reform of the Skilled Immigration Act, a new paragraph, § 18g, was introduced from 1 March 2024 specifically for holders of an EU Blue Card.
Since I would like to apply for a settlement permit due to my 27 months of employment and my German language skills at A1 level, I ask you to change my residence permit from § 18b paragraph 2 to § 18g.
My current Blue Card still meets the legal requirements according to § 18g, but this is not correctly reflected in the system due to the old paragraph.
Could you please tell me whether a new application is required for the changeover or whether it can be done internally?'.
After writing this mail she apologised to me and asked me to come for biometrics and collect PR.

Thank you for the valuable inputs.

My_Community_Managerin

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I am very, very happy to hear that everything turned out well for you! Congrats on your PR!

And thank you very much for sharing this with the community and me :)
Happy to hear back from you, in case some time in the future you are facing some other hurdles in your daily life in Germany or only like to share your experiences.

Wish you all the best!

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