Switching visa to Blue Card
Hi there,
I am currently pursuing an M.Sc. in Economics at the University of Bonn. I have completed all my courses, and I only need to finish my thesis. I hold a bachelor's degree in economics from a university recognized in Germany (Anabin H+).
I have received a permanent employment offer from the company where I am currently interning as a Financial Data Analyst, with a salary exceeding the threshold for the EU Blue Card (over €48,000). However, the HR department is withholding my contract, stating that my current visa status is that of a student. They believe that if I sign the contract, I would be required to drop out of my studies, which is not an option for me.
I would like to know if this reasoning is logical. Is there a legal requirement preventing me from switching my visa status from student to EU Blue Card from the HR perspective? Are there any laws that allow me to make this transition in Germany?
Thank you for your assistance.
Best regards,
Hossein
Dear @Hossein_1998 thank you for reaching out to us!
This is indeed a tricky situation you are facing. Please note that we cannot provide legal advice, and each foreigners department may handle such cases differently. However, many students in your position have similar challenges, so both the foreigners and HR departments should generally be familiar with this situations.
In general, there should not be a problem with signing the contract. You could suggest to your HR department to include a clause stating that the contract will only take effect once you have obtained the appropriate work permit allowing full-time employment and after you have completed your Master’s degree. This would provide them with additional security. If you fulfill all the requirements for the Blue Card, you should be able to apply for it. You can find more information on Handbook Germany.
The only potential concern is on the university side, as, I assume, you are currently enrolled as a full-time student. Universities often require active enrollment - maybe also with the according residence permit - to be able to submit your thesis. Therefore, it is important to confirm with your university that you can complete your degree while transitioning to a Blue Card. It may also help if you can obtain a written confirmation from your university stating that you are allowed to finish your degree even while applying for a new residence permit as a Blue Card.
I hope you get this sorted out soon. Wish you all the best!
Please let me know if you have further questions.