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Visa Questions

Can a Blue Card also be issued to a temporary worker?

Umschalten
Hi All,

this is a quote from link. bamf.de

Can a Blue Card also be issued to a temporary worker?

"In accordance with section 40 subs. 1 sentence 2 of the German Residence Act (AufenthG), approval of the Federal Agency is to be refused if the foreigner intends to take up employment as a temporary worker (a worker in a temporary employment business). Since this provision hence only applies to employment requiring approval, and there is no opposing regulation for employment not requiring approval, the EU Blue Card can also be issued if an individual is seeking employment in a temporary employment business and approval by the Federal Employment Agency is not required. This is the case if the foreigner either holds the requisite recognised or comparable higher education qualification in accordance with section 2 subs. 1 No. 2 of the Employment Ordinance (BeschV) and a salary is paid to him or her at or above the regular salary threshold or, if he or she works in a job where there is a shortage of applicants, holds a German higher education qualification and earns the reduced gross annual salary applicable to jobs where there is a shortage of applicants.'

From reading this, I understand that a fixed term employment contract rather than an open-ended contract can be a cause for refusal if pre-approval from ZAV is needed?  Is my understanding correct??
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RE: Can a Blue Card also be issued to a temporary worker?
Antwort
19.05.16 21:34 als Antwort auf Bfran007.
Temporary contract is no problem for Blue Card. I believe section 40 (with referral to section 1) refers to temporary workers, such as seasonal workers and short-term exchange workers etc. , so doesn't apply to highly qualified people having for example a 2-3 year full time contract with a company.

What you should check first is do you really need a ZAV approval, if not, things are much easier.
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