The ruling should come as a relief to many international skilled workers in Germany. This is because the court ruled that the EU Blue Card can be extended and retained even if a Settlement permit already exists. The court thus declared a previous administrative practice of the Berlin Immigration Office ( LEA ) to be unlawful. This had stated that the Blue Card automatically expires with the Settlement permit .
But what had happened?
Settlement permit or EU Blue Card - Why was a complaint filed?
An Indian IT specialist, who has been living in Germany with an EU Blue Card since 2020, applied for an extension in January 2024 within the deadline. Even before a decision was made on the application, he received a settlement permit from the State Immigration Office (LEA) in May 2024. Settlement permit. The authority asked him to return the EU Blue Card and simply noted "former holder of the EU Blue Card" on the new title.
The plaintiff filed an appeal. His argument: both Residence permit - EU Blue Card and Settlement permit - are legally independent and granted different benefits:
- The EU Blue Card secures mobility rights in the EU, e.g. easier movement to other EU countries and privileged family reunification.
- The Settlement permit grants a permanent right of residence in Germany and comprehensive freedom to earn a living
He therefore requested the extension of his EU Blue Card as a valid Residence permit, in addition to the Settlement permit. With his lawsuit, the plaintiff wanted to clarify whether both titles can coexist
How did the Foreigners' office argue?
The State Immigration Office applied for the case to be dismissed. In the opinion of the authority, it is not permissible to hold a temporary Residence permit (EU Blue Card) and a permanent Residence permit (Settlement permit) at the same time. According to the LEA, the Settlement permit already includes all rights, which is why the EU Blue Card does not bring any additional benefits.
Furthermore, the note "former holder of the EU Blue Card" on the supplementary sheet to the Settlement permit sufficiently documents that the associated EU privileges continue to apply. Therefore, there is no good reason to reissue or extend the EU Blue Card.
Explanation: What is the Settlement permit?
The Settlement permit is an unlimited Residence permit in accordance with §9 of the Residence Act (AufenthG). It entitles the holder to permanent settlement in Germany and allows unrestricted access to the labor market. The prerequisites are usually several years of legal residence in Germany, a secure livelihood, sufficient knowledge of German and retirement provision. It offers long-term security and is often an intermediate step on the way to Naturalization.
To explain: What is the EU Blue Card?
The EU Blue Card is a temporary Residence permit (Section 18g Residence Act) for highly qualified third-country nationals, which was created specifically for skilled workers with a university degree or comparable qualification. It facilitates the immigration of skilled workers to the EU, offers privileged family reunification, faster routes to a Settlement permit and special mobility rights within the EU.
How did the court rule?
The Berlin Administrative Court largely ruled in favor of the plaintiff. It clarified that an applicant may hold several Residence permit at the same time if they each grant independent advantages. This is precisely the case with the EU Blue Card and the Settlement permit - for example with regard to mobility rights within the EU or the requirements for family reunification.
The court did not accept the Foreigners' office's argument that a temporary Residence permit automatically expires when a permanent residence permit is obtained. A claim to an extension of the EU Blue Card therefore continues to exist, even in addition to the Settlement permit.
Conclusion: What does the ruling mean for professionals?
For holders of an EU Blue Card, the ruling brings more clarity, legal certainty and freedom of choice: in future, they will no longer have to choose between a permanent right of residence and the special EU benefits of the Blue Card.
Both Residence permit can exist at the same time - and: The authorities are obliged to document this properly. This includes either issuing two electronic Residence permit or a clear note on the supplementary sheet that unambiguously identifies the ownership of both titles.
For many skilled workers, this means that they enjoy the benefits of both the Settlement permit and the EU Blue Card.
Advantages of the EU Blue Card:
- Simplified mobility within the EU, e.g. for short-term trips to other member states
- Privileged family reunification, for example with regard to the residence status of spouses and children
- Shorter deadlines for permanent residence in the EU, through a uniform regulation across Europe
- Simpler requirements for Settlement permit or permanent residence, including language skills and pension contributions
- Flexibility to move to other EU countries at a later date
Advantages of the Settlement permit:
- Permanent right of residence in Germany - no extension or further applications required
- Unrestricted access to the labor market (no longer tied to a job with the right qualifications)
- More planning security for families, real estate purchases and long-term life decisions
- Facilitated lending and official procedures in Germany
- Protection under social law - such as unrestricted access to social benefits and pension insurance entitlements
