# EU blue card - German proficiency required?



## contraststriker (Jan 20, 2020)

I searched on the forums but could not find an answer to a question on EU blue card vs. family reunification, see my situation below:

I am a US citizen married to a German citizen currently living/working in Ireland and anticipate getting an engineering job offer in Germany soon. I am a mechanical engineer with a degree from a recognized US university/program and the job's salary will exceed minimum EU blue card requirements.

The challenge I see with the family reunification/permit with my German spouse is that I worry I will not achieve German A1 proficiency by the time my work begins in Germany (A1 is required for family reunification from speaking to the German embassy). That is why I am asking about the EU blue card--there is no language proficiency required, correct? Would this be a better option for me to pursue? Do I apply for this or must my employer complete documentation for the blue card?

I have a very basic understanding of German and will be enrolling in an A1 course in the meantime, but wasn't sure if the blue card was a contingency option...I fully anticipate becoming proficient in German eventually, but possibly not in time for entry into Germany for work.

Thanks in advance for your help.


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## b0ll0cks-to-brexit (Oct 25, 2019)

https://ec.europa.eu/immigration/blue-card/essential-information_en


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## ALKB (Jan 20, 2012)

contraststriker said:


> I searched on the forums but could not find an answer to a question on EU blue card vs. family reunification, see my situation below:
> 
> I am a US citizen married to a German citizen currently living/working in Ireland and anticipate getting an engineering job offer in Germany soon. I am a mechanical engineer with a degree from a recognized US university/program and the job's salary will exceed minimum EU blue card requirements.
> 
> ...


First of all, there is no language requirement for BlueCard.

Second of all, you may not need one at all.

You have three ways to get to Germany and get a residence/work permit.

1. Your own merit aka BlueCard or regular work permit. All specific rules apply. Tied to a specific job/employer.

2. German spouse visa. As a US national you do not need prior entry clearance, you can move to Germany and apply for a residence permit in-country. If you are university-educated, your chances of getting the language/integration course requirement waived are excellent. Full access to labour market. First permit valid for one year, then usually a two year permit, followed either by indefinite leave, if you meet the requirements for that or yet another two year permit. Free of charge.

3. Surinder Singh route under EU rules of freedom of movement. Since you are living in Ireland with your German spouse - has your spouse been working or studying full time in Ireland? - you might be eligible for a residence card for family members of EU nationals. This is usually not available for non-EU family members of EU nationals in countries they hold citizenship of (Germans in Germany, Irish in Ireland, Italians in Italy, etc.) BUT

if an EU national lived in an EU country they do not hold citizenship of, exercised EU treaty rights (working, usually) , and their non-EU family member (you) lived there with them, upon returning to their home country, they can be treated as EU nationals rather than nationals subject to domestic law. So, you could move to Germany, register your residence, go to the local Ausländerbehörde and apply for a residence card. Depending on where you are , big or small town, etc., you may or may not have to educate the officials on EU law, but usually there shouldn't be a problem. Residence cards are valid for 5 years and give unrestricted access to the labour market, no language requirements. Low cost fee.


Have a look at the 'good to know' window:

https://www.bamf.de/EN/Themen/Migra...ZuEUBuergern/nachzug-zu-eu-buergern-node.html

https://en.wikipedia.org/wiki/R_(Se...mmigration_Appeal_Tribunal_and_Surinder_Singh


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## contraststriker (Jan 20, 2020)

Wow thanks ALKB, that is great information! I actually have held an "EU family" residence permit in Ireland for the past 2 years (lived there a total of 3) so I believe that joining my German spouse and her being treated as an EU national vs. German national in Germany is my cleanest way to a residence permit. That "good to know" information in the first link is pure gold!

All my endless googling and I never found either of these nuggets of information. And the Germany embassy kept telling me that my holding a residence permit in Ireland has no bearing and my spouse will be treated under German domestic law--the "good to know" directly contradicts that and it is from the official immigration web site. Perhaps it is a matter of educating some people on EU law.


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## contraststriker (Jan 20, 2020)

ALKB said:


> First of all, there is no language requirement for BlueCard.
> 
> Second of all, you may not need one at all.
> 
> ...


ALKB one more question--if I plan to arrive into Germany and either apply for option 2 or 3 that you listed, is 3-4 weeks adequate time for my permit to be granted? I need to begin work about a month after arriving into Germany and I assume either #2 or #3 permits can only begin to be processed once I reside there so the clock will be ticking. Thanks.


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## contraststriker (Jan 20, 2020)

contraststriker said:


> ALKB one more question--if I plan to arrive into Germany and either apply for option 2 or 3 that you listed, is 3-4 weeks adequate time for my permit to be granted? I need to begin work about a month after arriving into Germany and I assume either #2 or #3 permits can only begin to be processed once I reside there so the clock will be ticking. Thanks.


From your first hyperlink: "If you are a member of an EU national’s family, you will receive a residence card within six months of registering in Germany, once you have provided the requisite information. "

Yikes...residence permits sound like they take quite a long time...I presume that my Irish residency card for EU family does not allow me to work in Germany while the new permit is granted. It looks like maybe I need the blue card to allow me to work while the residence permit via #3 is granted?


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