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Visa Questions

Blue card to permanant residency

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Blue card to permanant residency
Answer
7/27/15 6:10 PM
Dear all,

I have been on a Blue card since mid 2013 and today I had to go to KVR Munich to extend it. I was told if I have a B1 level I can already apply for the permanant residency. Since I don't have it, I asked whether the law is still the same that I can apply for one after 33 months without the language degree. Surprisingly, I was told that even in that case, I should prove my knowledge of German, which would mean they would do the interview all in German! Is this a new change to the law or are they messing with me? Because I thought the whole point of Bluecard was to make my life easier by not having to learn German, but now it seems like there is no scape! 

On the other hand, I have been doing a PhD in Germany before I got the Blue card. So I asked whether I can apply for the 5-year-of-tax law. The answer was that yes, but that also needs German.

Then I asked if I can use the law that after 2 years of graduation from a German university I can apply for a PR, but they said that law does NOT apply to me because my studies have not been in german language (it was an international PhD program).

Are these information correct or did I just have a bad luck?

Another question is that what are the requirements for the Permanant EC residency compared to the Settlment permit? I noticed that all the documents I received today from KVR are about the Settlement permit, but the EU permit would be of more interest for me.

Thanks!
0 (0 Votes)

RE: Blue card to permanant residency
Answer
7/27/15 6:46 PM as a reply to Me.
Hello,

It is true that for every kind of permanent residency you need at least "some" knowledge of German. No bad luck, correct information. They offered you the most practical way of doing it just there, in the form of an interview. Another option is to go to a Volkshochschule or an integration office and take a very simple and easy German test. Resulting certificate is also sufficient.

I would advise against trying a way out of it, since it is something you can easily do by yourself. Get any basic A1/A2 grammar book, study it a little bit then you are good to go. In 33 months, you can even do it with 1-2 hours each month.

Best,
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RE: Blue card to permanant residency
Answer
7/27/15 6:49 PM as a reply to Arnhem.
Hi,

Thanks for the reply. Actually I am already taking German courses, I am in A2 right now and it would take couple on months since I can not take intensive courses.

However, my impression was that for having an interview in German at KVR I need to know way more, I mean all the legal words and everything. My german level currently might be good enough for shopping/ordering/... but I think an actual interview is more complicated, don't you think so?
0 (0 Votes)

RE: Blue card to permanant residency
Answer
7/27/15 6:53 PM as a reply to Me.
Hi Brainer,

I had recently (2 months back) applied for Niederlassungerlaubnis on the basis of completing 33 months on Blue Card (in a small city in NRW). I was also asked for an A1 certificate proving German language skills when I attended the appointment, even though the appointment letter did not state it.

On arguing with the Auslanderamt officer (in whatever little German I could muster then), she checked with a colleague and came back with a German language A1 level test paper I had to solve on the spot. And all the communication with the officer was in German, not a single word in English.

So contrary to what the federal govt. had aimed for initially with Blue Card and PR after 33 months, the Auslanderamts are applying at least A1 level skills requirement before issuing the PR. And this is also clearly stated on many (if not all) Auslanderamts websites of different cities.

Niederlassungerlaubnis - EC can only be obtained after completing 5 years of stay, and entitles you to directly apply for Niederlassungerlaubnis - EC in another EU member state when moving from Germany to that state (with the condition that the new EU state also gives Niederlassungerlaubnis - EC). However, pls. note, the new state will only issue you Niederlassungerlaubnis - EC if you can prove why you want to settle in the new EU state (work, study, etc), so you need to have a work contract in the new EU state. Niederlassungerlaubnis - EC will not grant you the same status as an EU passport (freedom of residence and employment in any EU state).

What is possible to apply on basis of Blue Card is the Niederlassungerlaubnis only for Germany.

Hope this information helps.
0 (0 Votes)

RE: Blue card to permanant residency
Answer
7/27/15 6:57 PM as a reply to Me.
I expect the interview to be quite simple, for 21 months it will approximate to B1 level, for 33 months it will approximate to A1/A2 level. Unless the case officer wants to give you a hard time, it shouldn't be a problem at all. I have seen a person interviewed for this, and it was definitely quite basic. Nobody is going to ask you to explain complicated laws.

Polish up your German skills, be prepared, and good luck.
0 (0 Votes)

RE: Blue card to permanant residency
Answer
7/27/15 7:06 PM as a reply to Arnhem.
Thanks for the comments! I probably need to polish my confidence too!
0 (0 Votes)

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