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Moving to Germany, less than 1y in Poland with blue card? (reapply)

G
#1
Will I have problems applying for another blue card in Germany if I decided to move, and having less than 1 year stay in Poland? Assuming of course all requirements are met (salary, degree compatibility, etc.)

From what I understand, it will be fine. But I (and the employer) will need to undergo the same process as if hiring from 3rd countries - i.e. employer would need to do some labor market test, then I have to apply for visa, etc.

Did I understand it correctly? Because I read this and saw article 8 (2), and 9 (1)c.

But then there's article 12 (2) p2, which as I understood, as long as that I did inform the immigration office in Poland, it will be fine. Additionally,
"Am I free to change jobs and/or employer? -Not immediately. For the first two years you must stay in the job for which you got the Blue Card in the first place, unless you have permission from the national authorities to change jobs. After those first two years, you may be able to change jobs and/or employers, but EU countries have different rules on this so you need to check by selecting the country of your destination on this map of the EU."

If applying again might be a problem, what about the typical residence permit?

I would like to hear your opinion.
See also
TominStuttgart
#2
From my understanding you do have to apply for a German Blue card. The standards for the blue card are the same all over the EU in the countries that issue it (not all do).

The thing is that acceptance is still not guaranteed. The reason being is that the job market varies in different countries. The primary reason of the blue card is to attract skilled workers for jobs that are going unfilled because a lack of workers. But the shortage of workers in a specific field or job could be high in one country and non-existent in another. But any potential employer will know if there is a high demand and the likelihood of blue card acceptance; otherwise they would not likely be bothered with the extra paperwork in hiring a non-EU person from abroad.

But one should not be obsessed about a blue card as a standard work visa is enough. It can make it a bit easier for getting a family reunion visa for a spouse. Otherwise, it just gives a quicker pathway to long term residency; something one gets eventually if they are staying indefinitely. How does it matter if one got unlimited residency after 3 years rather than 5? After the fact, it is irrelevant.

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G
#3
Yes, I will need to apply for new one. This I already researched. But my concern is if they will reject the application on the grounds of the 2-year limitation mentioned in the directive, even if I have informed the concerned office in Poland. So for the sake of simplicity, lets assume that all formalities and requirements are met - worker shortage, salary, etc.

The thing with the work visa is it is valid for maximum of 1 year. After which, I would need to apply for a residence permit, and this is my primary concern. While its true that I'm talking about 2 different countries, I was just wondering since the directive is from EC.

I am actually not yet particularly interested in the family reunification as I don't have plans to do it yet, at least for the next 2 years. I can ditch the idea of blue card if the odds of getting german residence card (like karta pobytu) will be much better.
For reference, in Poland, foreigners can apply for blue card or karta pobytu (if blue card requirement is not met).
TominStuttgart
#4
Not much risk. If one gets a work visa and the job is not specifically limited then they are given the residency permit to continue to stay. They might not be able to stay if they lose their job and cannot support themselves or if they commit serious crimes or fail to pay their taxes and social security obligations.
G
#5
I'm thinking the same, and hoping as well. Thank you for your inputs!
A
#6

Hi all!

I am a blue card holder from Poland ( almost 15 months) and I would like to know @controlaltdelete9's update about the subject. Did you move to Germany?

Thanks

1 member reacted to this post
A
#7
I want to confirm the information below:https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM:4559508芒聙垄 may, after living legally for 12 months in the Member State that issued the blue card, move, live and work with their family in another Member State.Having worked 15 months with blue card in Poland can I directly apply to blue card and work in Germany WITHOUT WORK PERMIT (fully fulfilled the Blue card requirements i.e. valid job contract from German company, salary threshold etc.)
G
#8

@aylinaslan

I applied for Blue Card visa at the German embassy in Warsaw - submitted the applicable requirements written in the website

After 1 week, they issued the visa valid for almost 6 months (expires several days before end of the 6th month, so I assume its 180 days)

Then moved to Germany.

Then I applied for Blue Card in Germany after 2 months (got lucky with the appointment)

Then got the card by post after 4 weeks.


When I applied for visa, my blue card was issued 5 months ago only.

But I was working in Poland for more than a year.


I also did not encounter any issue with the application of Blue Card in Germany. I'm done within 60 minutes (including the 30-45 minutes waiting)


I am just telling you my experience.

You may or may not encounter the same.

Your miles may vary.

1 member reacted to this post
A
#9

@controlaltdelete9 was this application without WORK PERMIT from the German Employer or did you submit WORK PERMIT?

My question is not about Blue Card itself.

According to the link I shared above, rule the changed in November 2021 about blue card.

I understand from the explanation in the link,聽 I can apply directly to blue card in Germany WITHOUT WORK PERMIT聽 (fully fulfilled the Blue card requirements i.e. valid job contract from German company, salary threshold etc.) after 12 months working in Poland.

So the question is is there anyone who changed the jobs without work permit after holding 12 months of Blue Card in another EU Country ?

G
#10

I already answered your question in my post, albeit implicitly. Please read it again. And check the embassy's website.


If you want to be sure, your best route is to ask the embassy.

They are quite responsive to my inquiries before.

1 member reacted to this post
Ruslana Bobrivska
#11

@controlaltdelete9 hi. Very valid response. Thank you. But can you tell weather this 5 months that you stayed in Poland on the Blue Card count as a threshold on your 3 year road to get a permanent residence in Germany? Because the law is that if you stay in the first country for 18 months, you have the right to move to the second country without a visa for 1 month; re-apply for the second Blue Card during this month and even work on the 1st blue card while you are waiting (again - no visa is required) and after 18 months in Germany on the second Blue card be eligible for permanent residence already (these 18 months do count so you got only 18 to go instead of the new 36 all over again). So now what about your 5 months? Or is the count 0 for you now in Germany thus you are on the German Blue Card?

Regards.

G
#12

That I am not sure. I honestly don't know how to check that.

If its on the validity of the card, then no.


I highly doubt it was counted.


When I applied for it, I did not present my old one, nor did they ask about it. (although I had scanned copies prepared just in case)

I did not ask about the count as well.

Because I do not want additional questions regarding it.

The only thing they asked is my purpose of stay in Poland.

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