Settlement permit after your Blue Card salary drops: section 18c (1) or (2) AufenthG?
If your salary has dropped below the EU Blue Card threshold, the Blue Card route to a settlement permit (Niederlassungserlaubnis) is not the only one open to you. Section 18c of the Residence Act (Aufenthaltsgesetz, AufenthG) has two routes for skilled workers. Paragraph 2 is the Blue Card route and counts months of employment under section 18g, the Blue Card section. Paragraph 1 is the general skilled worker route: it counts three years on a residence title under sections 18a, 18b, 18d or 18g, and the Blue Card is one of those titles. With a degree or vocational training from Germany, the periods in paragraph 1 drop to two years and 24 months of pension contributions. This page is general information based on the German text of the law, not legal advice.
The two routes in section 18c side by side
Section 18c (1), skilled worker:
- three years on a title under 18a, 18b, 18d or 18g (two years with a German degree or training);
- 36 months of pension contributions (24 with a German degree or training);
- a current job you may hold under 18a, 18b, 18d or 18g;
- sufficient German (B1);
- section 9 (2) nos. 2, 4 to 6, 8 and 9.
Section 18c (2), Blue Card holder:
- 27 months of employment under 18g, or 21 months with B1 German;
- pension contributions for those months;
- basic German (A1);
- section 9 (2) nos. 2, 4 to 6, 8 and 9; the current job is not listed as a separate condition.
Section 2 (9) AufenthG defines basic German (einfache Kenntnisse) as level A1, and section 2 (11) defines sufficient German (ausreichende Kenntnisse) as B1.
Both paragraphs say the permit "ist zu erteilen", is to be granted, when the conditions are met. Neither needs the approval of the Federal Employment Agency. Paragraph 2 opens with "abweichend von Absatz 1", by way of derogation from paragraph 1. The words describe a second set of conditions for Blue Card holders. They do not say that a Blue Card holder is barred from paragraph 1.
Why a lower salary matters for paragraph 2
Section 18g (1) sets the salary for a Blue Card: at least 50 percent of the annual contribution ceiling in the general pension insurance, or 45.3 percent for certain occupation groups and for people who earned their degree no more than three years before applying. Section 18g (7) says the Federal Ministry of the Interior publishes the minimum salaries for each calendar year by 31 December of the year before.
Paragraph 2 of section 18c counts employment "nach § 18g". The text of section 18c does not say how months are treated when the salary of the same job falls below the section 18g figure. That is a question for the immigration office (Ausländerbehörde) in your case, and it is the reason many people in this position look at paragraph 1 instead.
If the pay drop came with a new employer in your first twelve months on the Blue Card, section 18g (4) lets the office suspend the change for 30 days and refuse it if the Blue Card conditions are not met. Our guide on changing employers in Germany on a residence permit covers that step.
What paragraph 1 asks for
Number 1, the time on a title. Three years on a residence title under sections 18a, 18b, 18d or 18g. A Blue Card is a title under section 18g, so Blue Card time counts here. The sentence after number 5 cuts the three years to two if you successfully completed vocational training or a degree in Germany ("eine inländische Berufsausbildung oder ein inländisches Studium").
Number 2, the current job. You must hold a job "der nach den Voraussetzungen der §§ 18a, 18b, 18d oder § 18g von ihr besetzt werden darf", that you may fill under the conditions of any of those sections. Section 18b reads in full: a skilled worker with an academic education is granted a residence permit to carry out any qualified employment. Its text names no salary threshold. Whether your current job fits section 18b or another of the four sections is decided by the office.
Number 3, pension contributions. At least 36 months of compulsory or voluntary contributions to the statutory pension insurance, or comparable payments to another scheme. With a German degree or vocational training, 24 months.
Number 4, German. Sufficient knowledge, which is B1 under section 2 (11). This is the main extra requirement compared with the A1 version of paragraph 2.
Number 5, the conditions from section 9. Section 9 (2) sentence 1 nos. 2, 4 to 6, 8 and 9 must be met: secured livelihood, no reasons of public safety or order against you, permission to work if you are an employee, any other permits your work needs, basic knowledge of the legal and social order and of living conditions in Germany, and sufficient living space for you and your family members who live with you. Section 9 (2) sentence 2 also applies: the language and civic knowledge conditions count as proven if you completed an integration course.
A German graduate with a Blue Card: putting it together
The r/germany question behind this page came from someone with five years in Germany, a Blue Card for part of that time, a German university degree, more than two years of work, and a salary now below the Blue Card figure. Under paragraph 1, a German graduate needs two years on a title under sections 18a, 18b, 18d or 18g and 24 months of contributions, plus B1 German, a job that fits one of the four sections, and the section 9 conditions.
The lower salary is not itself a condition of paragraph 1. It can still matter in two places. The office checks under number 2 that the current job fits one of the four sections. And under number 5 it checks that your livelihood is secured, which section 2 (3) AufenthG defines as being able to pay for it, including health insurance, without public funds. A lower but stable salary can meet that test. Our article on a settlement permit on a fixed-term contract explains how secured livelihood is judged and what evidence helps.
Making sure the office looks at the right paragraph
We could not find an official Berlin page that explains how the online application sorts Blue Card holders between the two routes, so this page does not describe the form. What the law gives you is the content of the claim. If you apply under paragraph 1, say so in writing: name "§ 18c Abs. 1 AufenthG" in the application or in a short cover letter, and attach proof for each number: your German degree certificate for the shorter periods, your residence titles, your pension contribution record, a B1 or integration course certificate, your current contract and payslips, and your rental contract.
If the office answers under paragraph 2 only, ask in writing for a decision on paragraph 1 as well. If your current card expires while the application is open, our page on what section 81 (4) AufenthG still protects explains how a timely application keeps your status.
Read next
- Niederlassungserlaubnis on a fixed-term contract: does Germany require an unlimited one?
- Changing jobs in Germany on a residence permit: when you need the immigration office
- Blue Card refused in Germany: does section 81(4) AufenthG still protect you?
FAQ
Can a Blue Card holder apply under section 18c (1) instead of 18c (2)?
Section 18c (1) counts time on a title under section 18g, the Blue Card, and the wording of paragraph 2 does not exclude Blue Card holders from paragraph 1. Name the paragraph you apply under in writing.
Does my salary have to stay above the Blue Card threshold for paragraph 1?
Paragraph 1 does not name a salary. It requires a job you may hold under sections 18a, 18b, 18d or 18g, and a secured livelihood under section 9 (2).
How long do I need with a German university degree?
Under section 18c (1), two years on a qualifying title and 24 months of pension contributions instead of three years and 36 months.
What German level does each route need?
Paragraph 1 needs B1. Paragraph 2 needs A1 after 27 months of Blue Card employment, or B1 after 21 months.
Do months below the Blue Card salary count for the 27 months?
The text of section 18c (2) counts employment under section 18g and does not address this case. Ask the immigration office how it counts those months.
Does an integration course help?
Yes. Under section 9 (2) sentence 2, which section 18c applies, a completed integration course proves the German and civic knowledge conditions.
How Jobsy fits
We build Jobsy, a job search service for Europe that searches for you: you say what work you want, and Jobsy finds employers and recruitment agencies, including in Germany, and prepares personal messages in the recipient's language. It does not give immigration advice; questions about your permit stay with the Ausländerbehörde or a lawyer. The first result is free.
Sources
- Gesetze im Internet: § 18c AufenthG, Niederlassungserlaubnis für Fachkräfte
- Gesetze im Internet: § 18g AufenthG, Blaue Karte EU
- Gesetze im Internet: § 18b AufenthG, Fachkräfte mit akademischer Ausbildung
- Gesetze im Internet: § 9 AufenthG, Niederlassungserlaubnis
- Gesetze im Internet: § 2 AufenthG, Begriffsbestimmungen
Comments
No comments yet. Be the first.
Sign in to join the discussion.
Sign in to comment