Berlin Administrative Court, judgement of 14 May 2025 - Ref. 29 K 122/24
The Administrative Court of Berlin has ruled that a third-country national who already holds a settlement permit is still entitled to an extension of their EU Blue Card under certain conditions. Both residence permits - the permanent settlement permit and the temporary EU Blue Card - can therefore exist alongside each other if they each have independent rights attached to them.
For people with an EU Blue Card who want to work and reside permanently in Germany, this gives them the opportunity to document both residence statuses at the same time.
Facts: Application for extension despite new residence permit
The claimant, an Indian national, travelled to Germany in 2020 and received an EU Blue Card valid until November 2024. In January 2024, he applied for an extension of this card within the deadline.
In May 2024, the competent authority issued a settlement permit instead. The EU Blue Card was withdrawn and the new electronic residence permit only included the note "former holder of the EU Blue Card".
The plaintiff appealed to the Administrative Court and applied for both the extension of the EU Blue Card and the issue of an electronic residence permit expressly documenting this.
Decision of the Administrative Court of Berlin:
The court partially upheld the claim. The main points of the decision:
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Extension of the EU Blue Card is possible
The VG Berlin clarified that the requirements for an extension of the EU Blue Card are met and that the existing settlement permit does not preclude this. Both titles can legally coexist, as they relate to different areas of regulation. -
Different functions of the residence permits
The settlement permit ensures permanent residence and authorises any gainful employment. The EU Blue Card, on the other hand, is a residence title defined by European law that offers advantages, particularly with regard to mobility within the EU and certain time limits in the right of residence. -
Documentation can be provided on an additional sheet
Although there is a right to documentation of the EU Blue Card holder (Section 78 AufenthG), there is no right to a specific form (e.g. a separate electronic residence permit). The authorities can also note the EU Blue Card on a supplementary sheet to the settlement permit - as long as it clearly states that the person concerned still holds this card.
Legal classification: Parallel residence titles in German residence law
The Administrative Court relies on a ruling by the Federal Administrative Court from 2013 (BVerwG, judgement of 19.03.2013 - 1 C 12.12), which generally recognised the possibility of several residence permits in parallel. The prerequisite is that these do not pursue the same purpose, but grant separate rights in terms of content.
The Berlin Administrative Court is now consistently applying this principle to the combination of a settlement permit and an EU Blue Card.
Implications for practice and administration
The judgement has practical significance for:
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Skilled third-country nationals who wish to extend their EU Blue Card even though they have already been granted a permanent residence permit.
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Employers who are dependent on the specific conditions of the Blue Card (e.g. with regard to qualifications or career changes).
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Foreigners authorities, which in future will have to take into account the fact that several residence permits can exist simultaneously under certain circumstances when processing corresponding applications.
At the same time, the court clarifies that the note "former holder" alone is not sufficient. The documentation must be carried out in such a way that the current holder of the EU Blue Card remains recognisable and traceable.
Summary: Legal certainty for multiple residence permits
The judgement of the Berlin Administrative Court clarifies a previously unclear issue of German residence law. It confirms that the extension of the EU Blue Card is also possible if a settlement permit already exists - provided that the material requirements are met.
The decision not only strengthens legal clarity for the third-country nationals concerned, but also contributes to the standardisation of administrative practice.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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