Ending employment on EU Blue Card after 27 months - can I freelance? Or can I get B1/perm. res. after termination?

[EvilLost 0]

Hi all,

 

I would greatly appreciate any info on this. My German is currently pretty weak though I am cramming hard for my B1 exam.

I have been in Munich since Feb 2017 on an EU Blue Card. My contract was originally unlimited length (thus my Blue Card is 4 years) but my job here will be ending May 31, 2019. 

 

QUESTION 1:  Can I switch to a "freelance" type of permit and open my own business here while on the EU blue card? (without my perm. residence permit)

 

QUESTION  2: I have been here for 22+ months already, but I do not yet have my B1. I have tried to reserve a test date, but the earliest dates I am finding are all after my last day of employment. Is it possible for me to finish my employment here in May, but somehow be allowed to stay until July/August so that I can take the B1 exam, and then apply for permanent residency? I will have met the B1+22 month requirement, but I will be unemployed/self-employed from June-August (I can show proof of funds if I need to block an acct or something). 

 

Much appreciated!!
 

[TurMech 118]

4 minutes ago, EvilLost said:

QUESTION  2: I have been here for 22+ months already, but I do not yet have my B1. I have tried to reserve a test date, but the earliest dates I am finding are all after my last day of employment. Is it possible for me to finish my employment here in May, but somehow be allowed to stay until July/August so that I can take the B1 exam, and then apply for permanent residency? I will have met the B1+22 month requirement, but I will be unemployed/self-employed from June-August (I can show proof of funds if I need to block an acct or something). 

 

They will most likely give you 6 months to find another job, so you can stay and take the B1, but that itself does not suffice to apply for permenant residency. One of the requirements is to provide an "Aktuelle Arbeitsbestätigung", that is the confirmation of employment. You should be employed at the time of the application.

 

Whether you can work freelance or not depends on what is written on the green sheet (Zusatzblatt) given to you together with the blue card. Does this term "Erwerbstätigkeit gestattet" exist? 

 

Even if you could work as a freelancer, i have never heard anybody with a blue card, who made an application for the permenant residency while on a freelancer status. 

 

One of the names below will likely provide you the information with certainty.

 

@engelchen @someonesdaughter @ilyann

[someonesdaughter 3,075]

2 hours ago, EvilLost said:

QUESTION 1:  Can I switch to a "freelance" type of permit and open my own business here while on the EU blue card? (without my perm. residence permit)

You can not work as a full-time freelancer with a Blue Card:

 

"Does the EU Blue Card entitle the holder to take up employment without any restrictions?

The EU Blue Card is tied to specific employment with a particular employer for the first two years of residence. Any highly-qualified employment can be taken up subsequent to this. Self-employment is however not permitted."

http://www.bamf.de/EN/Infothek/FragenAntworten/BlaueKarteEU/blaue-karte-eu-node.html;jsessionid=87FDECE84D5F0B114F76C059A7553873.2_cid

So you'd have to switch to a freelance permit to work freelance (if you fulfill the conditions*) but you can not keep the blue card then. 

*the conditions:

Section 21
Self-employment

(1) A foreigner may be granted a temporary residence permit for the purpose of self-employment if

1.  an economic interest or a regional need applies,

2.  the activity is expected to have positive effects on the economy and

3.  the foreigner has personal capital or an approved loan to realise the business idea.

Assessment of the prerequisites in accordance with sentence 1 shall focus in particular on the viability of the business idea on which the application is based, the foreigner’s entrepreneurial experience, the level of capital investment, the effects on the employment and training situation and the contribution to innovation and research. The competent bodies for the planned business location, the competent trade and industry authorities, the representative bodies for public-sector professional groups and the competent authorities regulating admission to the profession concerned must be involved in examining the application.

https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0518

 

2 hours ago, EvilLost said:

 

QUESTION  2: I have been here for 22+ months already, but I do not yet have my B1. I have tried to reserve a test date, but the earliest dates I am finding are all after my last day of employment. Is it possible for me to finish my employment here in May, but somehow be allowed to stay until July/August so that I can take the B1 exam, and then apply for permanent residency?

 

You get time to find a new job, during this time you can also take your language exam. But you have to find a job (as an employee) to keep the Blue Card and, as TurMech already said, you need confirmation of employment.

 

[ilyann 174]

@EvilLost You have several choices:

1. Find new job and continue with the BK at least until you get the NE. Boring but guaranteed to work.
2. Give up your BK and hopes of getting the NE soon (you can still get your NE later if you start a job that conforms to BK). 
3. Try to talk your ABH into giving you NE while you are unemployed (the condition is "financial security", which could theoretically be met if you have e.g. self-employment income and secured new job offers). The chances here depend on your case officer.
4. Try to get your NE now. Note that how the B1 language requirement is assessed depends on your ABH and your case officer. Perhaps the certificate will not be required (often the case in Berlin). This is probably your best bet. If you apply and are not given the NE it doesn't look like you lose much. But you will still need to disclose that your contract ends, so it could be useful to demonstrate that you have job security with a couple of new job offers .

As for the question whether you can be self-employed for several months while you have the BK: if you have the permission according to AufenthG 21 (6) you can be self-employed. Note this only works as long as this is not your main activity, e.g. if you are spending more time  each week looking for work or if you are doing this for a limited period of time. Again there is some discretion as to how specific ABH will apply the rules.

 

Obligatory I am not a lawyer. 

 

[ilyann 174]

The term you need to look for on the Zusatzblatt is "Selbstständige Tätigkeit (night) gestattet".

[EvilLost 0]

Thanks all for the responses. 

It seems like continuing to work with my current employer until my permanent residence is established is the most straightforward way (I have no interest in looking for another job - my goal is to become self-employed). 

 

 

@someonesdaughter thank you for that very helpful link!

 

One final question...

 

Section 19 states the following:

Quote

(6) Holders of an EU Blue Card must be issued a permanent settlement permit, if they have held a position of employment in line with subsection 1 for at least 33 months and have made mandatory or voluntary contributions to the statutory pension insurance scheme for that period, or if they furnish evidence of an entitlement to comparable benefits from an insurance or pension scheme or from an insurance company and if the requirements of Section 9 (2), sentence 1, nos. 2, 4 to 6, 8 and 9 are met and if they have basic German language skills. Section 9 (2) sentences 2 to 6 shall apply accordingly. The period referred to in sentence 1 shall be reduced to 21 months if the foreigner has a sufficient command of the German language.

 

The translated version says that I "must" be issued a permit if I have held a position of employment for at least 21 months, but nothing in this (translated) section seems to state that I must be "currently" employed at the time of applying for the permit. The requirement seems to be only that I have held (past tense) at least 21 months...

Am I missing something? Is there another section of law relevant for that? I tried searching the linked law in its entirety but didn't find anything else. The closest thing I found was the requirement for "subsistence" in section 9 - I'm not exactly sure what that means.

 

Thanks again for the responses, they have been extremely helpful!

 

[someonesdaughter 3,075]

25 minutes ago, EvilLost said:

Am I missing something?

 

Yup, Section 5 Abs. 1 Nr. 1 AufenthG

 

"General prerequisites for granting residence titles

 

(1) The granting of a residence title shall generally presuppose 

 

1.  that the foreigner’s subsistence is secure;

..."

 

and Section 2 Abs. 3 AufenthG:

 

(3) A foreigner’s subsistence is secure when he is able to earn a living, including sufficient health insurance coverage, without recourse to public funds. (...)

 

Theoretically you could of course also be extraordinarily rich and be able to support yourself and your health insurance without working, but you would have to prove that first.  

[ilyann 174]

On 4/16/2019, 4:32:00, EvilLost said:

Thanks all for the responses. 

It seems like continuing to work with my current employer until my permanent residence is established is the most straightforward way (I have no interest in looking for another job - my goal is to become self-employed). 

 

 

@someonesdaughter thank you for that very helpful link!

 

One final question...

 

Section 19 states the following:

 

The translated version says that I "must" be issued a permit if I have held a position of employment for at least 21 months, but nothing in this (translated) section seems to state that I must be "currently" employed at the time of applying for the permit. The requirement seems to be only that I have held (past tense) at least 21 months...

Am I missing something? Is there another section of law relevant for that? I tried searching the linked law in its entirety but didn't find anything else. The closest thing I found was the requirement for "subsistence" in section 9 - I'm not exactly sure what that means.

 

Thanks again for the responses, they have been extremely helpful!

 

 

It's hidden in the "Section 9 (2) sentences 2 to 6 shall apply accordingly." part, specifically: 

 

2. sein Lebensunterhalt gesichert ist,

 

However, as I said before, you will have some leeway here depending on your case officer. I can imagine someone approving an application of someone who has quit the job voluntarily and already has signed the contracts for freelance work. Then again, I imagine that it could also be rejected.