Can I engage am employee under the Blue Card salary levels?

The main requirements for a Blue Card are that the applicant is holding a university degree and he/she is being offered a certain minimum salary. In exceptional cases, a visa can also be obtained with lower salaries.

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 several cases, post graduate work (a PhD is an example) offers a typical case for the issuing of such a situation.

In these case (and only after evaluation) 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.