EU Blue Card and Change of Employer - job change, termination and immigration authority

EU Blue Card and change of employer - why a job change should be checked legally

People holding an EU Blue Card are often highly qualified and attractive to employers. Job changes, better salary offers, termination during probation or moving to another city are therefore common.

However, caution is important: the EU Blue Card is a residence permit for employment. If the employer, job role, salary or working conditions change, it must be checked whether the requirements for the EU Blue Card are still fulfilled.

An unprepared job change can lead to problems with the immigration authority. This is especially relevant during the first twelve months, if the salary is close to the threshold, if the new job is in another field, if employment is terminated or if unemployment occurs.

"A job change with an EU Blue Card is often possible. It becomes risky when salary, job role or communication with the immigration authority are not checked properly."

— Tom Beisel, Attorney at Law (Germany)

Attorney Tom Beisel assists EU Blue Card holders with change of employer, termination, probation period, unemployment, extension, Fiktionsbescheinigung and communication with the immigration authority.

Can I change employer with an EU Blue Card?

In principle, changing employer with an EU Blue Card is possible. However, this does not mean that every job change is risk-free.

The following questions should be checked:

• →How long have you held the EU Blue Card?
• →Is the change taking place within the first twelve months?
• →Has the immigration authority been notified?
• →Does the new job still fulfil the requirements?
• →Is the minimum salary reached?
• →Does the job match your qualification?
• →Is it a shortage occupation?
• →Is the Federal Employment Agency involved?
• →Are there special conditions attached to your residence permit?
• →Is your current residence permit still valid?

The earlier these questions are checked, the safer the job change can be structured.

Change of employer during the first twelve months

The first twelve months are particularly important. During this period, the immigration authority must be informed about the change of employment. The authority can examine whether the EU Blue Card requirements continue to be fulfilled with the new employer.

This concerns in particular:

• →salary
• →job role
• →connection to qualification
• →working hours
• →duration of the contract
• →shortage occupation
• →professional licence for regulated professions
• →possible involvement of the Federal Employment Agency

Change of employer after twelve months

After the first twelve months, changing employer is often easier in practice. Nevertheless, it should still be checked whether the EU Blue Card requirements remain fulfilled.

Problems may still arise after twelve months if:

• →the new salary is too low
• →the job no longer matches the qualification
• →full-time employment becomes part-time employment
• →the professional field changes
• →the employment contract is very short-term
• →the job no longer appears to be academically qualified
• →the immigration authority later asks questions during extension

Anyone who wants to remain in Germany long-term should also consider later goals: extension, permanent residence, family reunification and naturalisation.

Termination with an EU Blue Card - what happens?

Termination is particularly sensitive for EU Blue Card holders. The residence permit is linked to the purpose of employment.

Important questions are:

• →Who terminated the employment?
• →When does the employment relationship end?
• →Has the immigration authority been informed?
• →Is there a new job offer?
• →Is the salary threshold still met?
• →Does the new role match the qualification?
• →Is unemployment benefit relevant?
• →Could the residence permit be shortened?
• →Can another residence permit be applied for?

Termination does not automatically mean that you must leave Germany immediately. But it should be reviewed legally without delay.

Termination during probation period

Problems frequently arise during the probation period. Employers may terminate employment at short notice, the next job is not yet secured and the immigration authority may learn that employment has ended.

Then it must be clarified quickly:

• →How long is the EU Blue Card still valid?
• →Is there time to search for a new job?
• →Must the immigration authority be informed?
• →Are there already applications for new jobs?
• →Is a new contract likely?
• →Can a residence permit for job search be requested?
• →Is a change to another residence title possible?
• →What happens to family members?

New job - which requirements must be fulfilled?

The new job must still meet the requirements of the EU Blue Card.

The following must be checked:

• →minimum salary
• →annual gross salary
• →weekly working hours
• →contract duration
• →job description
• →connection to university degree
• →recognition or comparability of the degree
• →shortage occupation or regular occupation
• →IT special case
• →professional licence for regulated professions
• →place of work
• →employer details

If the new employment contract is unclear, the immigration authority may ask questions. Especially where deadlines are tight, the contract should be reviewed before submission.

Salary when changing employer

When changing jobs, the salary must be checked again. It is not enough that the old job fulfilled the salary threshold. The decisive question is whether the new job continues to fulfil the requirements.

Potential problems include:

• →lower salary
• →part-time employment
• →variable remuneration
• →unclear bonuses
• →fixed-term contract
• →commissions
• →special payments without guarantee
• →change from shortage occupation to non-shortage occupation
• →change from qualified academic work to a general role

If the salary is close to the threshold, it should be checked before signing whether the new contract is sufficient.

Must the immigration authority be informed?

In certain situations, the immigration authority must be informed. During the first twelve months, notification of a job change is especially important.

Termination or early end of employment may also become relevant for the immigration authority. Employers may also have notification obligations in certain cases.

For the EU Blue Card holder, it is important to:

• →send the notification in time
• →attach the new employment contract
• →attach the job description
• →clearly prove salary
• →state the start date of the new employment
• →document the end of the previous employment
• →secure confirmation of receipt
• →avoid contradictory statements

A clean, short and complete submission is often better than many unstructured emails.

What if the immigration authority does not respond?

Many job changes become difficult in practice because the immigration authority does not respond. This can be problematic when the new job is about to start, during probation or under employer pressure.

Useful steps include:

• →send the notification in a provable way
• →attach the complete employment contract
• →clearly state deadline and start date
• →secure confirmation of receipt
• →inform the employer
• →follow up through a lawyer if urgent
• →check whether an urgent court application is necessary
• →check whether another proof is sufficient

If the start date is approaching, it is usually not advisable to wait for weeks.

What if the new job pays less?

If the new job pays less, it must be checked carefully whether the EU Blue Card can continue.

Possible options include:

• →renegotiating the salary
• →making special payments contractually binding
• →checking the lower threshold for shortage occupations
• →checking entry-level graduate rules
• →checking IT special cases
• →checking another residence permit
• →adjusting the employment contract
• →describing the role more clearly
• →legally informing the employer

Not every salary reduction automatically leads to the loss of the EU Blue Card. But it can become dangerous.

Moving to another city

A job change may also involve moving to another city. Then the question arises which immigration authority is responsible.

It should be checked:

• →previous place of residence
• →new place of residence
• →date of registration
• →competent immigration authority
• →pending application
• →communication between authorities
• →deadlines
• →Fiktionsbescheinigung
• →employer pressure

Moving during an ongoing procedure can cause delays. It should therefore be clarified early which authority is responsible.

Consequences for family members

Many EU Blue Card holders live in Germany with a spouse or children. A job change or termination can therefore also affect the family.

It should be checked:

• →residence status of the spouse
• →work permission of the spouse
• →residence status of the children
• →health insurance
• →secured livelihood
• →family reunification
• →extension of residence permits
• →possible dependency on the main residence permit

Especially after termination, not only the Blue Card holder’s situation should be reviewed, but also the family’s residence situation.

Consequences for permanent residence

A job change can also be relevant for later permanent residence. EU Blue Card holders may obtain permanent residence more quickly under certain conditions.

Important points include:

• →duration of employment
• →pension insurance contributions
• →German language skills
• →secured livelihood
• →continuation of qualified employment
• →no relevant criminal offences
• →no residence gaps
• →proper documentation

A well-planned job change can be unproblematic. A chaotic change with a gap, missing notification or insufficient salary can make later applications more difficult.

Common mistakes when changing employer

Typical mistakes include:

• →not informing the immigration authority
• →not reviewing the new contract
• →overlooking the salary threshold
• →calculating part-time salary incorrectly
• →overestimating bonus payments
• →describing the role too generally
• →changing to a job outside the qualification
• →ignoring termination
• →giving in to employer pressure
• →reacting legally too late
• →sending documents in a disorganised way
• →not securing confirmation of receipt
• →not reading old conditions attached to the residence permit
• →overlooking consequences for family members

Which documents does the lawyer need?

For a fast review, the following documents are important:

• →current EU Blue Card
• →supplementary sheet or conditions attached to the permit
• →current employment contract
• →termination letter or termination agreement
• →new employment contract
• →job description
• →salary information
• →start date of the new employment
• →proof of university degree
• →CV
• →letters from the immigration authority
• →Fiktionsbescheinigung, if available
• →proof of family members
• →previous payslips
• →pension insurance records, if permanent residence is planned

With these documents, it can be checked quickly whether the job change can be structured safely from an immigration-law perspective.

FAQ - changing employer with an EU Blue Card

Can I change employer with an EU Blue Card?

Yes, changing employer is generally possible. However, it must be checked whether the EU Blue Card requirements continue to be fulfilled with the new job.

Do I have to inform the immigration authority?

Especially within the first twelve months, notification to the immigration authority is important. Termination or early end of employment may also become relevant.

What happens if I am terminated?

Termination does not automatically mean that you must leave Germany immediately. But it must be checked quickly which deadlines, job search options and residence titles are available.

Can I be terminated during probation?

From an employment-law perspective, termination during probation may be possible. From an immigration-law perspective, it must then be checked immediately how your residence can be secured.

What if the new job pays less?

It must be checked whether the salary threshold is still met or whether a lower threshold, shortage occupation or another residence permit may be possible.

Does the new job have to match my degree?

Yes, the job must generally match your qualification. A job change outside your professional field may be problematic.

Can a job change endanger permanent residence?

A well-prepared job change does not necessarily cause problems. However, gaps, insufficient salary, missing documentation or unclear employment can make later applications more difficult.

What should I do if the immigration authority does not respond?

Secure proof of notification, submit complete documents and have it checked whether a lawyer’s follow-up or an urgent court application is appropriate.

Contact - lawyer for EU Blue Card and change of employer

Do you hold an EU Blue Card and want to change employer? Were you terminated? Do you have a new employment contract, but the immigration authority is not responding? Are you unsure whether salary and job role are sufficient?

Attorney Tom Beisel reviews job change, termination, salary, employment contract, notification to the immigration authority, family consequences and long-term residence perspectives.

• →Mobile: +49 172 8974716
• →Office: 0201 4517 380
• →Email: kanzlei@rechtsanwalt-beisel.de
• →Address: Bredeneyer Str. 2b, 45133 Essen

Immigration law representation in German, English and Russian - clear, personal and nationwide.