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  3. work permits based on German employment contracts

What if an applicant holds a university degree but does not reach the Blue Card minimum salary?

The main requirements for a Blue Card are that the applicant is holding a university degree and that he/she is beeing offered a certain salary. Still, in some exceptional cases, there is also a chance tsurround these levels.

Sometimes an applicant is holding a recognised university degree from a foreign university and is also being offered a Germany employment contract in the field of studies, but does not reach the Blue Card salary levels.

In many cases post graduate work (Doktorandenstelle) offers a typical case for the issuing of such a situation.

In these case (but only after a case to case valuation) a special permit, which is a Blue Card equivalent, can be applied for.

The following conditions have to be met:

  1. German employment contract (no deputation) offered to employee
  2. Employee to hold an Anabin-certified university degree
  3. University degree to be recognised by the German authorities (Anabin)
  4. University degree matching with the job description
  5. Salary in normal range for such activity and the employee's qualification

Legal base: § 2 Abs. 1 Nr. 3 BeschV

This permit shall only be granted if the case specific situation gives reason for going below the defined levels. The issung of the permit requires the approval of the employment authority.

Holders of a German university degree do not fall under this restriction. In their case, it is only required that salary level is in a normal range (§ 2 Abs. 3 BeschV).

Blue Card alternatives:

Should the Blue Card not be an option as the applicant does not hold a university degree or should the job not be in the field of the degree, then a company specialist work permit might provide the relevant solution (§ 4 Nr. 1 BeschV).

Please do not hesitate to contact us should you need additional information or support with processing a Blue card visa.

Dwyer Legal Law Firm, Schwanthalerstr 13, Aufgang IV, 80336 Munich

Tel: +49 (0)89 24 88 14 310, www.dwyer-legal.com

Note: Information provided in this Knowledge Database is for orientation only and not binding.