Clarification Regarding Work Authorization with D-Type Visa (Blue Card)

Hello,

I hope this message finds you well. I would like to inquire about the Germany Blue Card visa. I previously worked in Germany from March 2022 until August 2023. Due to some personal issues, I had to return to India. After an eight-month gap, I received another job offer and applied for the Blue Card visa again. My application was successful, and I have been issued a D-type visa (Blue Card) on my passport. I plan to return to Germany next month.

However, my future new employer has informed me that I cannot begin working with this visa alone. They have advised that I must first arrive in Germany and apply for a Residence Permit. Only after obtaining the Residence Permit will I be allowed to start working.

I have communicated to them that my visa allows me to work in Germany upon arrival, and I intend to apply for the Residence Permit in the meantime. Unfortunately, they do not agree with this and insist that I obtain the Residence Permit before starting work.

My question is: How can I effectively convey to them that I am permitted to work upon arrival in Germany, pending the issuance of the Residence Permit?

Could you please provide guidance on this situation?

Thank you for your assistance.

5 Comments

Reply (5)

Yara__Community_Manager

Hello @erjainankit06 , thank you for reaching out to us.

I am sorry to hear that you employer is not aware of the regulations. Must be frustrating.

Could I also kindly ask you to remove your full name, we would like to protect the privacy of the users. We do not allow full names to be displayed in our forum. Please see our netiquette

You are right once you arrive in Germany with a Blue Card Visa you can already start working with that visa. Please note that you should apply for your residence within 3 months.
I would suggest that you show your employer the page “Make it in Germany” they have a specific page just for employers, in German and English, where it states that you can work with the visa. Under the headline: “Taking up Employment after entering Germany”
You can find the page here: https://www.make-it-in-germany.com/en/looking-for-foreign-professionals/entering/german-work-visa

I hope this clarifies things.

Finally, here is more information on the Blue Card: https://handbookgermany.de/de/eu-blue-card

Best wishes

erjainankit06

Updated:

Hello,

Thank you for your response. I have already shared the link and relevant information with my employer, but it seems it has been overlooked. They have consulted with the immigration officer and were informed that they cannot employ me without a residence permit .

Could you please advise me on how to proceed in this situation?

Thank you for your assistance.

Yara__Community_Manager

Hi @erjainankit06 ,

Unfortunately, the immigration officer is also misinformed, it seems. You can already work when having your Blue Card Visa.
Maybe, it would be good to send your employer this information again. He can also call the hotline.

Best wishes
Yara

erjainankit06

Thank you for your prompt responses.

I have reviewed the German Residence Act and found some relevant points that clarify the visa and residence permit regulations. Specifically:

In section 6 Visa
A visa for the federal territory (national visa) is required for longer stays; this visa is granted before the foreigner enters the federal territory. It is issued on the basis of applicable provisions for a temporary residence permit, EU Blue Card, ICT Card, permanent settlement permit or EU long-term residence permit. The duration of lawful residence with a national visa is offset against the periods of possession of a temporary residence permit, EU Blue Card, permanent settlement permit or EU long-term residence permit,

In Section 7 Temporary residence permit

(1) The temporary residence permit (Aufenthaltserlaubnis) is a residence title which is limited in time. It is issued for the purposes of residence stated in the following Parts of this Act. In justified cases, a temporary residence permit may also be issued for a purpose of residence which is not covered by this Act. The residence permit defined in sentence 3 does not entitle the holder to pursue an economic activity; such activity may be permitted under section 4a (1).

(2) The temporary residence permit is to be subject to a time limit which takes due account of the intended purpose of residence. If a vital prerequisite for granting or extending the residence permit or for determining its duration ceases to apply, it is also possible to reduce the length of validity.

Section 18b Skilled workers holding a university degree

(1) Skilled workers holding a university degree may be granted a temporary residence permit to perform skilled work for which their training qualifies them.

I have shared this information with my future employer to clarify that the D-Type Blue Card visa should enable me to start work immediately upon arrival. I hope this resolves any misunderstandings.

Thank you for your attention to this matter.

Yara__Community_Manager

Hello @erjainankit06 ,

great, I hope so too. Have you seen the private message I have sent you?
Please keep me updated if this information has helped.
Best wishes

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