Germany: New EU Blue Card Rules in Force from November 18

November 17, 2023

insight-news-default

Country / Territory

At a Glance

  • Effective November 18, 2023, Germany will introduce new EU Blue Card requirements, establishing a more relaxed EU Blue Card framework.
  • Under the reforms, Germany has expanded the list of shortage occupations, lowered the salary threshold for the EU Blue Card, and eased rules regarding family reunification and changes of employer for EU Blue Card holders.
  • The reform is part of Germany adhering to the requirements of the 2021 EU Blue Card Directive, which set a national transposition deadline of November 18, 2023.

The situation

Effective November 18, 2023, Germany will introduce new EU Blue Card requirements, establishing a more relaxed EU Blue Card framework.

CHANGE

 DETAILS IMPACT

 

Expanded list of shortage occupations

 

 

  • Qualified workers in the following new occupations will be able to obtain an EU Blue Card with a lower salary threshold:
    • Information and communications technology service managers;
    • Professional services managers, such as child care or health services managers;
    • School and out-of-school teachers and educators;
    • Manufacturing, mining, construction, or distribution managers;
    • Veterinarians;
    • Dentists;
    • Pharmacists; and
    • Nursing or midwifery professionals.
  • Individuals who obtained their degree in the three years prior to applying for an EU Blue Card will also benefit from the lowered salary threshold.

 

Additional workers will be able to benefit from a lower minimum salary that applies to shortage occupations (EUR 39,682.80 for 2023 and EUR 41,041.80 for 2024), and from advantages provided by the EU Blue Card such a faster path to permanent residency.

 

Improved family reunification rights

 

 

When family members of EU Blue Card holders who have already resided in another EU Member State apply for a German residence permit, EU Blue Card holders will be exempt from proving sufficient living space and the requirement to secure one’s livelihood.

 

It will be easier for EU Blue Card holders’ family members to live in Germany with the EU Blue Card holder, which should promote family unity and make for a better mobility experience.

Easier change of employer process

 

  • Under the current law, EU Blue Card holders seeking to change employers or positions in the first two years of work must apply for an amendment of their labor market access. After two years, they can work for any employer and in any position.
  • Under the changed rules, EU Blue Card holders will need to notify the immigration authorities about a change of employer and/or position if it occurs within the first 12 months of employment and immigration authorities will have 30 days to reject the application to change employers or positions.
  • After working under an EU Blue Card for 12 months, EU Blue Card holders will be able to change employers and/or positions without notifying the immigration authorities.

 

EU Blue Card holders will have more flexibility to change employers and positions in Germany.

Additionally as part of this set of changes, as noted in our previous alert:

  • Foreign nationals who lack formal education but who have professional experience in the information technology sector will qualify for an EU Blue Card; and
  • Holders of an EU Blue Card issued by another EU Member State will be able to enter Germany (or any other EU Member State) without a visa and can work there for 90 days within a rolling 180-day period, provided that this work/business activity has a direct link to the employee’s obligations according to the employment contract upon which the EU Blue Card was issued.
  • Minimum salary levels are being reduced for the EU Blue Card.
  • New EU Blue Card. In 2021, the European Union issued a directive seeking to update the existing EU Blue Card scheme (which dated back to 2009). The Blue Card scheme has sought to establish an attractive EU-wide immigration option for highly skilled professionals. However, the 2009 iteration has suffered from fragmented and inconsistent transposition at the national levels, with many EU Member States offering more attractive skilled-labor immigration pathways under their own national, non-EU Blue Card systems. EU Member States (except Denmark and Ireland, which opted out of the EU Blue Card regime) have until November 18, 2023 to implement the upgrades required under the 2021 EU Directive.
  • Purpose of changes. Through attracting foreign talent via reducing immigration barriers for skilled workers (via the EU Blue Card changes and innovations such as the Opportunity Card), Germany is seeking to address a skilled labor shortage that is slowing economic growth. This is similar to many other countries globally, as the labor market is tight in many parts of the world due to demographic and other issues.

The regulations in Germany’s new immigration bill are coming into effect across November 2023, March 2024, and June 2024, and are expected to reduce the labor and skill shortage in the country.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Fragomen.com home
Search Fragomen.com
Important Updates
Important Updates
Subscribe