Hi everyone,

Recently I've deregistered and left Germany on 13.12.2014, but my Blue Card is valid till July 2018th and I still have it. I've also been to a visa centre, and they told me that I cannot get a visa while holding the Blue Card, I have to give it back in the embassy. But then I asked, if it's still valid and they said - yes, it is, and that I can still enter the country.

But I'm still afraid that the guys at the airport might have different opinion. How can I check if my Blue Card is still valid to enter the country? I only need to be there for 4 days.

Or maybe someone experienced this kind of situation already?

Kind regards,
Anton

Hi Anton,

do not worry, your Blue Card is still valid!

Have a good trip

Detlef

Thank you, Detlef!

Hallo Detlef,

Greeting!
I have some questions in this case, the applicable paragraph could be § 51 Beendigung der Rechtmäßigkeit des Aufenthalts; Fortgeltung von Beschränkungen.

6. wenn der Ausländer aus einem seiner Natur nach nicht vorübergehenden Grunde ausreist,

7. wenn der Ausländer ausgereist und nicht innerhalb von sechs Monaten oder einer von der Ausländerbehörde bestimmten längeren Frist wieder eingereist ist,

The point 6 is more relevent to this topic, if the foreigner is travel out of DE beyond by his nature is not temporary
(Not Temporary = Permenent [ tricky law :-) ]),
Permenent = Deregisteration (abmeldung der Wohnsitz)
Der Aufenthaltstitel erloschen ist. (The residence permit is cancelled automatically).

Please throw some light on this points 6 and 7, also correct my understanding in these points.

Thank you in advance
Regards
BT.

Hi B.T.

because it seems that this case (also content of some other posts) is a bit difficult to answer, I asked Katja, our VPMK lawyer to comment this.

She promised to do it and I am very sure, that this will be a valuable information. What I am not sure about is... when she will do it. This evening, tomorrow or at the weekend or even some days later.

So please be patient, but all of us will get an answer!

Bye

Detlef

I went to Landeshauptstadt and asked what to do if a BLUE Card Holder or his/her spouse move to EU country for more than 6 months and come back. They told us to deregister and register once back in the Germany and that the blue card will be valid for travel. (Should be back in Germany before 12 months)

I am still waiting for the legal opinion for the above.

Some time ago I've been to the embassy and they told me that if I had deregistered (geabmeldet), the Blue Card is not valid anymore. And, usually they take it back, but in my case I still had it, as they said, to apply for a visa with it.

Hi,

I am also in the same situation. I too left Germany in last May 2014 without Blue Card de-registration, but my Blue Card is valid on card till March 2018. Should I need to back in Germany before 12 months to retain the validity of Blue Card. 

I am also waiting for the legal opinion for the above.

If you continue reading §51 you'll see that Abs. 10 extends the six months in Abs. 7 to twelve months for Blue Card holders and their dependents.

On the other hand, as you’ve already noted, Abs. 6 clearly distinguishes between temporary and permanent moves and there is no analogous additional rights mentioned for Blue Card holders.

AFAIK Blue Card holders who leave Germany for a non-temporary reason do not enjoy any specialise privileges and their Blue Cards become void at the time they either leave Germany or it is clear that their trip abroad is not temporary.

For more info I would strongly recommend reading the instructions (Hinweise des Bundesministeriums des Innern zu den Regelungen zur Blauen Karte EU nach § 19a Aufenthaltsgesetz und zur  Aufenthaltserlaubnis zur Arbeitsplatzsuche  nach § 18c Aufenthaltsgesetz) issued by the Innenministerium (my bold).

    Hallo Detlef,
    Any update from VPMK lawyer Katja?
    It would greatly help us....
    
    I know you all are in busy schedule, just reply if you find any convinient time.
    Thank you in Advance
   Regards
    BT

Hi all,
 
according to the law, the Blue card gets invalid, inter alia, if
 
1. you leave the Federal territory for a reason which is not of a temporary nature,
2. you leave the Federal territory and fails to re-enter the Federal territory within twelve months or within a longer period set by the foreigners authority.
 
In regard to the Abmeldung/de-registration: The general opinion and practice is that the de-registration itself is not reason enough to make the BC invalid. But – as you can see above – the law says that if someone leaves the country for a not-temporarily reason, the BC gets invalid. So what to do now?  The term “not temporary” must be assessed on a case-by case- basis, which means that the special circumstances of your single case is reviewed. Your personal intent alone is not decisive. In case you are leaving due to educational reasons, e.g. for a Master abroad with the plan to return back to Germany afterwards, than this is considered a temporary reason. The Blue card stays valid (at least if you do not overstep the 12 months).



But if you leave Germany and settle down in another country? Than it is considered not any more as temporary, but as permanently. In this case the BC gets invalid.
 
A different thing is though, how the border police would know, that you left for a not temporary reason. They cannot considered the BC only invalid because you have deregistered, as explained above. They can only check, based on the stamps in your passport, if you have exceeded the 12 months deadline. 
 
Therefore, it might be easy to re-enter Germany with a not outdated Blue Card for business or holiday purposes, but it would not be compliant. So it is up to you to decide!!

Stephanie
vpmk attorney