Is it possible to get EU blue card while on student visa even before starting the studies if I have a valid job offer in Germany?

Question

I am Non EU IT/Software professional.

I got admitted to Masters Program in A German University.

I then applied to Consulate General in Mumbai for the student visa. I was planning to join university winter semester in 2021.

While the application is still being processed, I got an offer from a startup in Berlin. (pays me 68k Euros yearly). The contract starts from August.

Now, if I get the student visa, can I come to Germany early and apply for blue-card/work visa from Berlin without enrolling into university? Or Should I reapply to my local german consulate for a work visa even after getting a student visa?

(I could not find any satisfactory answer from the internet because every other answer conflicts with the previous.)

If I don't get a student visa, I have to reapply for work visa, from Mumbai.

I don't want to create ill intention in the eyes of Hon. German consulate in Mumbai or Germany.

Answer 1

Once in Berlin, you cannot apply for a visa but only for a residence permit (the distinction is important, you have to keep that in mind when reading official documentation on this topic). Transitioning from student status to Blue card is possible once you have the relevant residence permit but coming directly on a student visa seems dangerous. Since you have no intention of studying, the basis you had to obtain it is no longer current and any use of that visa to cross the border could be deemed an abuse of the terms of the visa. It could also call into question the sincerity of your original plans and backfire badly.

Furthermore, I don't know what you have been reading but official documentation in German and English seems pretty clear on the visa requirement. For example, here is what's on BAMF.de:

If you live outside the EU, you will generally require a visa for the purpose of gainful employment which will be issued by the competent German diplomatic mission.

Note that it says “visa for the purpose of gainful employment”, not any long-stay visa.

It goes on to describe three exceptions, the most interesting of which is

Individuals who are already living in Germany and hold another residence title may file an application for the EU Blue Card with the immigration authority competent for their place of residence.

In other words, you must specifically hold a residence title (and not merely a visa) to be exempted from the earlier requirement. I couldn't find an explicit legal basis for all this, however.

Now, if you were to receive a job offer upon landing or change your mind a few days after starting your study I don't know if you would technically be allowed to apply for the Blue Card from within Germany but it seems pretty risky.