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AN
Updated:

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.

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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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AN
Updated:

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

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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. 

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