Blue Card Suspension

4 posts in this topic

Here is my situation:

I am Canadian, moved to Berlin/Germany in 2013 and got a work contract and was granted 2 years work visa as software engineer.

My training is a technical IT certificate for a 2 year program, from a recognised Canadian university and not a diploma nor masters.

I have unlimited work contract as senior software engineer from well established German IT company.

 

When my work visa was up for renewal, I applied for Blue Card on the bases that it would qualify me for "permanent residence"/"settlement visa" sooner provided that my salary meets the minimum requirements and also with German Language of level A1.

 

When I met the requirements, I applied for the "settlement visa", and to my shock they responded by explaining that I was granted the Blue Card by mistake from their side. Their argument was that, my academic training does not meet the minimum requirements for the Blue Card and that I will have to withdraw my application for the settlement visa and also I will have to surrender my blue card.

I hired a lawyer and they charged a lot of money, 1000+ euro  just to deliver the same message that I got from the "Ausländerbehörde".

 

Finally my blue card was expiring and I figured I will switch back to normal work visa, but then again the process has been utterly painful, in that they claim I do not even meet the minimal requirements for a basic work visa, despite of my technical certificate as mentioned above, and that I have over 15 years of experience in the field and also worked in senior positions in my 2 jobs so far in Berlin.

 

Currently I was granted a temporary work visa for 3 months until I get an approval from "Bundesagentur fur Arbeit". As if to have traveled back in time to my first application 6 years ago.

 

To complicate things, just recently got approved for a mortgage loan and have a wife and small child all of us with foreign passports.

Had I know we would hit such obstacle, we would have never considered the mortgage loan.

 

I am completely baffled as to why this is happening suddenly after been living and working in Berlin for 6 years without any issues.

Any advise on this matter would be greatly appreciated.

 

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Hey, the residence law was recently amended Oct 2017 to include experience in lieu of academic degree. See law here https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0364

 

I think you deserve a blue card with your 15 years experience or maybe I am missing something here. Can you quote this to them and see what they say or they rejected you with this also?

 

Anyway, except you have a very low salary I think they will approve you anyway so don’t fret 

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@lonedev Brilliant! No, what you pointed out was never mentioned or considered by them or the lawyer, nor was I aware of it. Your input is extremely valuable and will certainly point it out toyer them next appointment. Greatly appreciated! 

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Quote

Their argument was that, my academic training does not meet the minimum requirements for the Blue Card

 

The ABH made a mistake issuing you the Blue Card since you don't have a degree.

 

Quote

I hired a lawyer and they charged a lot of money, 1000+ euro  just to deliver the same message that I got from the "Ausländerbehörde".

 

What did the lawyer's fee include?

 

Quote

they claim I do not even meet the minimal requirements for a basic work visa, despite of my technical certificate as mentioned above, and that I have over 15 years of experience in the field and also worked in senior positions in my 2 jobs so far in Berlin.

 

Germany does not currently have a law that makes it possible for all foreigners without formal qualifications to obtain work permits. However, there is an exception for Canadian citizens (as well as a few others).

 

Quote

Currently I was granted a temporary work visa for 3 months until I get an approval from "Bundesagentur fur Arbeit". As if to have traveled back in time to my first application 6 years ago.

 

This doesn't seem to be right. Check out the VwVfG.

 

Quote

I am completely baffled as to why this is happening suddenly after been living and working in Berlin for 6 years without any issues.

 

Because the ABH realised that they made a mistake. 

 

1 hour ago, lonedev said:

Hey, the residence law was recently amended Oct 2017 to include experience in lieu of academic degree. See law here https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0364

 

I think you deserve a blue card with your 15 years experience or maybe I am missing something here. 

 

You are missing the fact that although the BMAS now has the legal right to specify professions for which over 5 years experience can be substituted for a degree, they have yet to specify any. Therefore, at the moment it is not possible for foreigners without recognised degrees to obtain Blue Cards for Germany. 

 

 

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