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Visa Questions

[HELP] [Urgent] ICT to Blue Card Visa

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[HELP] [Urgent] ICT to Blue Card Visa
residence permit employment blue card visa ict visa
Answer
1/25/20 1:37 PM
Please Help
How can I start the blue card process that is not affected by me going to India and coming back to collect it so that I can start working with my new employer in time while I am on an ICT visa with RP?

Background
I was deputed last year(September 2019) by my Indian company to work at the client location XYZ in Germany.
German Embassy in India gave an ICT visa, which was printed on my passport.
Then when I reached XYZ, I did a local registration at Rathaus.
In September 2019 month’s end, I applied for a Residence Permit with visa extension at XYZ’s Rathausas my ICT visa(printed on passport) was going to get expired in October 2019

[from October to December I had a probationary visa as my ICT was expired and my RP was not with me]

On 2nd January 2020, I got my Residence Permit(RP card + zusatzblatt zum aufenthaltstitel)
RP card contains the validity period while zusatzblatt zum aufenthaltstitel contained the name of my company written on it. (I guess this is the ICT)
While receiving Residence permit the lady in the service room told me that both documents will work together & not alone.

On 9th Jan 2020, I got an offer letter from a German company located in MNO in Germany.
I wanted to join this new company as I liked many things(like salary, work culture, technology, job profile).
Therefore, On 16th January I signed the offer letter and submitted the resignation letter on at my company.
The notice period at my company is 3 months so my last day will be on 16th April 2020
My joining date for the new employer is 1st May 2020.

Now
On 23rd January 2020, I went to XYZ’s Rathaus to apply for a blue card with the offer letter and other required documents.
Lady working there told me if you apply now then you will only be able to collect the card 1 week before the joining date (23rd April 2020)I had a few questions that I asked and after getting some of the answers I found one problem due to which I did not apply for the Blue Card.

The problem is:
Lady at XYZ’s Rathaus told me that
  1. if you want to apply for the blue card then you have to stay in Germany till 23rd April 2020 (during the whole period)
  2. If you leave for India then the blue card process will stop. Also, your residence permit will become invalid if you deregister from XYZ city.
  3. I am not sure that I will be able to stay till 23rd April because my old employer can just decide to send me back to India anytime.
  4. If I go back to India then applying for a blue card will happen from the German embassy in India. This takes a lot of time.
My questions:
  1. Is it right what the lady is telling me? Because one of my friends did the same and he was able to apply from the German city. Also, he will be able to travel between India and Germany based on RP.
  2. Is my friend correct?
  3. Should I consult my problem with someone working in the visa department or some kind of lawyer?
  4. Please suggest me on what is that I should do now
0 (0 Votes)

RE: [HELP] [Urgent] ICT to Blue Card Visa
Answer
1/27/20 10:43 AM as a reply to Lakshaya Sood.
Lakshaya Sood:
Please Help
How can I start the blue card process that is not affected by me going to India and coming back to collect it so that I can start working with my new employer in time while I am on an ICT visa with RP?

Background
I was deputed last year(September 2019) by my Indian company to work at the client location XYZ in Germany.
German Embassy in India gave an ICT visa, which was printed on my passport.
Then when I reached XYZ, I did a local registration at Rathaus.
In September 2019 month’s end, I applied for a Residence Permit with visa extension at XYZ’s Rathausas my ICT visa(printed on passport) was going to get expired in October 2019

[from October to December I had a probationary visa as my ICT was expired and my RP was not with me]

On 2nd January 2020, I got my Residence Permit(RP card + zusatzblatt zum aufenthaltstitel)
RP card contains the validity period while zusatzblatt zum aufenthaltstitel contained the name of my company written on it. (I guess this is the ICT)
While receiving Residence permit the lady in the service room told me that both documents will work together & not alone.

On 9th Jan 2020, I got an offer letter from a German company located in MNO in Germany.
I wanted to join this new company as I liked many things(like salary, work culture, technology, job profile).
Therefore, On 16th January I signed the offer letter and submitted the resignation letter on at my company.
The notice period at my company is 3 months so my last day will be on 16th April 2020
My joining date for the new employer is 1st May 2020.

Now
On 23rd January 2020, I went to XYZ’s Rathaus to apply for a blue card with the offer letter and other required documents.
Lady working there told me if you apply now then you will only be able to collect the card 1 week before the joining date (23rd April 2020)I had a few questions that I asked and after getting some of the answers I found one problem due to which I did not apply for the Blue Card.

The problem is:
Lady at XYZ’s Rathaus told me that
  1. if you want to apply for the blue card then you have to stay in Germany till 23rd April 2020 (during the whole period)
  2. If you leave for India then the blue card process will stop. Also, your residence permit will become invalid if you deregister from XYZ city.
  3. I am not sure that I will be able to stay till 23rd April because my old employer can just decide to send me back to India anytime.
  4. If I go back to India then applying for a blue card will happen from the German embassy in India. This takes a lot of time.
My questions:
  1. Is it right what the lady is telling me? Because one of my friends did the same and he was able to apply from the German city. Also, he will be able to travel between India and Germany based on RP.
  2. Is my friend correct?
  3. Should I consult my problem with someone working in the visa department or some kind of lawyer?
  4. Please suggest me on what is that I should do now

Hi LS,

in your case its easier to simply apply for a Work Visa  §18 with a change in employer name. Once you have that, you can always apply for your Blue Card once you are done with the probation period.

Best regards,
Raj++

P.S: this is not a legal advice!
0 (0 Votes)

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