Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment
Date: 2016-06-07
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU migration policy, foreign national, free movement of workers, labour law, migrant worker, occupational migration, recognition of vocational training qualifications, residence permit, skilled worker, work permit

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   EUROPEAN COMMISSION  Strasbourg, 7.6.2016  COM(2016) 378 final 2016/0176 (COD)   Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment  {SWD(2016) 193 final} {SWD(2016) 194 final}  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

This  proposal  forms  part  of  the  EU’s  efforts  to  develop  a  comprehensive  migration 
management  policy,  based  on  Article  79  of  the  Treaty  on  the  Functioning  of  the  European 
Union (TFEU), and in particular of a new policy on legal migration, and contributes to the EU 
Growth Strategy, in line with Europe 2020 priorities1. The 2009 “EU Blue Card” Directive2 
intended  to  facilitate  the  admission  and  mobility  of  highly  qualified  third-country  national 
workers,  and  their  family  members,  by  harmonising  entry  and  residence  conditions 
throughout  the  EU  and  by  providing  for  a  set  of  rights.  It  aimed  at  making  the  EU  more 
competitive in attracting highly qualified workers from around the world, thereby contributing 
to addressing labour and skills shortages within the EU labour market, and strengthening the 
EU’s  competitiveness  and  economic  growth.  However,  the  2009  Directive  failed  to  achieve 
these objectives.  

The current EU Blue Card Directive has demonstrated intrinsic weaknesses such as restrictive 
admission conditions and very limited facilitation for intra-EU mobility. This, combined with 
many  different  sets  of  parallel  rules,  conditions  and  procedures  for  admitting  the  same 
category of highly skilled workers which apply across EU Member States, has limited the EU 
Blue Card's attractiveness and usage. This is neither efficient, as such fragmentation entails a 
burden for  employers and individual applicants,  nor effective, as shown  by the very limited 
overall number of highly skilled permits issued. 

For this reason, Commission President Jean-Claude Juncker declared his intention to address 
the  shortcomings  of  the  EU  Blue  Card  Directive  and  substantially  broaden  its  impact  in 
attracting  more  highly  skilled  workers  to  the  EU3.  The  European  Agenda  on  Migration4 
announced  a  review  of  the  EU  Blue  Card,  as  part  of  the  new  policy  on  legal  migration,  to 
make it more effective in attracting talent to Europe. The Commission Work Programme 2016 
announced  that  “to  meet  Europe's  future  demographic  and  labour  market  needs,  [the 
Commission]  will  present  a  renewed  approach  on  legal  migration,  including  measures  to 
improve  the  EU  Blue  Card  Directive”.  This  proposal  represents  the  outcome  of  this  review 
process. 

The  Communication  of  6  April  20165  highlighted  the  need  of  sustainable,  transparent  and 
accessible  legal  pathways  to  Europe  as  a  part  of  successful  migration  management.  The 
Commission  reinstated its intention to  propose changes to  the EU Blue Card Directive with 
the  purpose  of  strengthening  it  as  the  single  EU-wide  scheme  for  admitting  highly  skilled 
workers. In the follow-up discussions the European Parliament has called for the creation of 
new legal avenues into Europe and urged the Commission to be ambitious in this regard. In its 

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For an overview, see the website “Europe 2020 in a nutshell”. 
Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals 
for the purposes of highly qualified employment (OJ L 155, 18.6.2009, p. 17). 
Political Guidelines Juncker; Priorities for this Commission; Mission letter Commissioner Avramopoulos. 
Commission Communication of 13 May 2015, A European Agenda On Migration, COM(2015) 240 final. 
Communication  from  the  Commission  to  the  European  Parliament  and  the  Council  'Towards  a  Reform  of  the 
Common European Asylum System and Enhancing Legal Avenues to Europe' COM(2016) 197 final. 

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report  of  23  March  20166  the  Parliament  recalled  that  the  revision  of  the  EU  Blue  Card 
Directive  should  be  both  ambitious  and  targeted,  and  notably  aim  to  remove  the  existing 
inconsistencies regarding e.g. the parallel national schemes. 

The EU already faces structural skills shortages and mismatches in certain sectors that have 
the  potential  to  limit  growth,  productivity  and  innovation  (e.g.  healthcare,  ICT  and 
engineering)  and  thus  slow  down  Europe’s  continued  economic  recovery  and  limit  its 
competitiveness. Activation, training and up-skilling of the existing labour force must all play 
a role in countering these shortages, especially at a time when overall unemployment is high. 
However, these measures are unlikely to be sufficient to fully meet the needs and, in any case, 
it will take time for them to have an actual effect on the labour market and on productivity. In 
the future, structural changes in the EU’s economies will continue to increase the demand for 
skills that are not immediately available in the labour market, creating further skills shortages.  

The EU’s current immigration system for highly skilled workers is not well equipped for the 
current  and  future  challenges.  The  overall  inflow  of  highly  skilled  third-country  national 
workers  to  the  participating  Member  States7  under  both  the  EU  Blue  Card  and  national 
schemes for highly skilled workers was 23 419 in 2012, 34 904 in 2013 and 38 774 in 20148. 
When  compared  to  the  projected  needs  for  highly  skilled  workers  in  certain  sectors,  these 
numbers are by far insufficient to address the existing and projected future labour and skills 
shortages in the EU in highly skilled occupations. Moreover, while surveys on intentions of 
highly  educated  potential  migrants  indicate  a  relatively  strong  attractiveness  of  the  EU,  the 
EU  is  not  effective  enough  neither  in  converting  this  into  higher  numbers  of  highly  skilled 
workers,  nor  in  retaining  talents  educated  in  the  EU,  when  compared  with  other  developed 
economies.  Figures  show  that  of  all  non-EU  migrants  coming  to  OECD  countries,  48%  of 
low-educated migrants and 31% of high-educated migrants choose an EU destination9.  

This  proposal,  which  replaces  the  existing  EU  Blue  Card  Directive  (2009/50/EC),  aims  to 
improve the EU’s ability to attract and retain highly skilled third-country nationals, as well as 
to  enhance  their  mobility  and  circulation  between  jobs  in  different  Member  States.  The 
objective is to improve the EU’s ability to effectively and promptly respond to existing and 
arising  demands  for  highly  skilled  third-country  nationals,  and  to  offset  skill  shortages,  in 
order to increase the contribution of economic immigration to enhancing the competitiveness 
of the EU economy and addressing the consequences of demographic ageing. 

• 

Consistency with existing policy provisions in the policy area 

The European Agenda on Migration confirmed the need to use the EU Blue Card for setting 
up  an  attractive  EU-wide  scheme  for  highly  skilled  third-country  nationals.  In  the 
Communication  of  6  April  2016  it  was  further  specified  that  this  would  be  achieved  by 
developing  a  harmonised  EU  common  approach,  which  would  include  more  flexible 
admission  conditions,  improved  admission  procedures  and  enhanced  rights,  including  intra-
EU mobility. 

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Report on the situation in the Mediterranean and the need for a holistic EU approach to migration, 23 March 2016, 
(2015/2095(INI)). 
The UK, Ireland and Denmark do not participate in the EU Blue Card Directive, in line with respective Protocols 
annexed to the Treaties. 
Eurostat statistics: National permits for highly skilled went up from 19 755 in 2012, to 21 940 in 2013 and 24 922 
in 2014 while EU Blue Cards rose from 3 664 in 2012, to 12 964 in 2013 and 13 852 in 2014.  
Senne,  J.-N.  and  David,  A.,  ‘General  Context  and  Contribution  of  Labour  Migration  in  Europe',  OECD  2016, 
forthcoming. 

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This initiative is complementary to other instruments adopted in the area of legal migration. In 
particular,  it  is  complementary  to  the  Directive  on  intra-corporate  transferees10,  which 
facilitates the entry and intra-EU mobility of highly skilled employees (managers, specialists) 
employed by non-EU companies who are temporarily assigned to subsidiaries situated in the 
EU.  It  is  also  complementary  to  Directive  (EU)  2016/801,  which  regulates  admission  and 
rights  for  students  and  researchers,  as  well  as  e.g.  for  trainees  and  volunteers  under  the 
European  Voluntary  System.  The  proposal  also  complements  and  derogates  from  Council 
Directives 2003/86/EC of 22 September 2003, which lays down the conditions under which 
the  right  to  family  reunification  can  be  exercised,  and  2003/109/EC  of  25  November  2003, 
concerning  the  status  of  third-country  nationals  who  are  long-term  residents.  The  present 
proposal goes further than these Directives in that it provides for more favourable conditions 
for family reunification and more facilitated access to long-term resident status. Moreover, it 
complements Directive 2011/95/EU (“Qualification Directive”)11 to the extent that the scope 
of  this  proposal  is  extended  to  highly  skilled  beneficiaries  of  international  protection.  They 
will be able to take up employment across Member States in accordance with their skills and 
education and fill occupational shortages in particular regions. This allows them to be active 
in  the labour market  also in  cases where there are no vacancies in  their specific field  in  the 
Member State that granted them protection. 

This  proposal  is  consistent  with  the  'Action  Plan  on  the  integration  of  third-country 
nationals'12 providing a common policy framework which could help Member States as they 
further develop  and strengthen their national  integration policies for third-country nationals, 
including highly skilled ones.  

The format of residence permits for third-country nationals is laid down in Regulation (EC) 
No 1030/2002 and applies to this proposal. 

• 

Consistency with other Union policies 

This proposal aims to provide an attractive EU-wide scheme for highly skilled workers in line 
with  the  EU  policies  aiming  at  deepening  and  upgrading  the  Single  Market13.  A  policy  on 
attracting  highly  skilled  workers  is  consistent  with  and  also  complementary  to  policies  to 
facilitate  the  mobility  of  EU  nationals  within  the  EU  supported  by  Regulation  492/201114, 
Regulation  2016/589  ('EURES')15  and  the  forthcoming  Labour  Mobility  package  as  regards 
the coordination of social security. It also complements policies improving and upgrading the 
skills  of  EU  workers,  and  the  recognition  of  qualifications,  in  view  of  their  better  labour 
market integration. A larger pool of available talent benefits the EU economy as a whole and 
the  displacement  effect  of  EU  workers  is  expected  to  be  low  in  the  case  of  highly  skilled 

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Directive 2014/66/EU of the European Parliament and of the Council  of 15 May 2014 on the conditions of entry 
and residence of third-country nationals in the framework of an intra-corporate transfer (OJ L 157, 27.5.2014, p. 1). 
Directive 2011/95/EU of the European Parliament  and of the Council of 13 December 2011 on standards for the 
qualification  of  third-country  nationals  or  stateless  persons  as  beneficiaries  of  international  protection,  for  a 
uniform status for refugees or for  persons eligible for subsidiary  protection, and for the content of the protection 
granted (recast) (OJ L 337, 20.12.2011, p. 9). 
COM(2016)377 final. 
Communication of 28 October 2015, "Upgrading the Single Market", COM(2015) 550 final. 
Regulation  (EU)  No 492/2011  of  the  European  Parliament  and  of  the  Council  of  5 April  2011  on  freedom  of 
movement for workers within the Union (OJ L 141, 27.5.2011, p. 1). 
Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network 
of  employment  services  (EURES),  workers'  access  to  mobility  services  and  the  further  integration  of  labour 
markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L107 of 22.04.2016, p.1). 

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workers.  The  forthcoming  New  Skills  Agenda  for  Europe16    deals  with  the  broad  issue  of 
recognition  of  qualifications  and  is  thus  also  relevant  for  the  admission  of  highly  skilled 
workers  under  the  EU  Blue  Card,  as  these  persons  often  face  barriers  and  high  costs  when 
getting qualifications obtained in third countries recognised. All of these initiatives contribute 
to the EU Growth Strategy, in line with Europe 2020 priorities.      

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This  proposal  concerns  conditions  of  entry  and  residence  for  third-country  nationals  and 
procedures for issuing the necessary permits linked to highly skilled work. It also lays down 
the  conditions  under  which  a  third-country  national  may  reside  in  a  second  Member  State. 
Consequently,  the  appropriate  legal  basis  is  Article  79(2)(a)  and  (b)  of  the  Treaty  on  the 
Functioning  of  the  European  Union  (TFEU),  in  connection  with  Article  79(1)  of  the  same 
Treaty.  

According to Protocol 21 annexed to the Treaties, the United Kingdom and Ireland may notify 
the Council, within three months after  a proposal  or initiative has been presented, or at  any 
time after its adoption, that they wish to take part in the adoption and application of any such 
proposed  measure.  Neither  Member  State  has  exercised  their  right  to  opt  into  the  EU  Blue 
Card Directive. According to Protocol 22 annexed to the Treaties, Denmark is not taking part 
in the adoption of measures based on this Article17.  

The admission of economic migrants is a shared competence between the EU and its Member 
States. In particular, any measure proposed in the area of legal migration “shall not affect the 
right of Member States to determine volumes of admission of third-country nationals coming 
from  third  countries  to  their  territory  in  order  to  seek  work,  whether  employed  or  self-
employed” (Article 79(5) TFEU). 

• 

Subsidiarity  

The challenge of improving the capacity to attract and retain talent from outside of the EU has 
increased and is common to all Member States. Although each Member State could continue 
to  have  its  own  national  system  for  highly  skilled  workers,  this  would  not  increase  the 
attractiveness  of  the  EU  as  a  whole.  Especially  when  comparing  the  EU  to  other  major 
destinations with a more uniform approach, Member States acting alone, particularly smaller 
ones,  are  not  adequately  equipped  to  compete  in  the  international  competition  for  highly 
skilled workers.  

The  current  fragmented  situation  with  diverging  and  parallel  national  rules  for  the  same 
category of third-country nationals across Member States is neither effective nor efficient for 
any  party  involved.  Applicants  and  employers  have  to  navigate  a  complex  regulatory 
framework which creates costs and administrative burden, which weighs especially heavily on 
SMEs. Furthermore, it would be easier and more cost-efficient for Member States' authorities 
to apply a single, clear and straightforward set of rules for examining applications of  highly 
skilled workers to stay and work. 

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COM(2016)381 final. 
The United Kingdom, Ireland and Denmark are not bound by Directive 2009/50/EC. 

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The EU, acting as  a single player towards the outside world,  can  create  economies of scale 
and  hence  better  compete  with  other  major  destinations  for  the  limited  supply  of  highly 
skilled workers. This proposal aims to increase the EU’s overall attractiveness by providing a 
single, transparent, flexible and streamlined scheme for highly skilled workers across the EU. 
It  sends  a  clear  message  to  highly  skilled  workers  that  the  EU  welcomes  them  by  offering 
clear and quick admission procedures combined with attractive residence conditions for them 
and their families. 

In addition, only action at EU level can offer highly skilled workers the possibility to easily 
move,  work  and  reside  in  several  EU  Member  States.  Intra-EU  mobility  helps  to  better 
respond  to  demands  for  highly  skilled  labour  and  offset  skills  shortages.  On  the  contrary, 
national schemes cannot offer, by their own nature, this possibility to move easily from one 
Member State to another should labour shortages or work opportunities arise.  

Even with a more harmonised EU-wide scheme and the abolition of parallel national schemes, 
Member  States  will  retain  competence  on  certain  aspects,  such  as  their  Treaty-based 
prerogative of defining the volumes of admission of third-country nationals coming from third 
countries to their territory in order to seek work. Member States will also have the possibility 
to introduce labour market tests in circumstances where their labour market undergoes serious 
disturbances such as a high level of unemployment in a given occupation or sector. Moreover, 
Member States themselves will have control over the level of the salary threshold – even if it 
will be more harmonised with lower and upper limits – which will be calculated on a national 
average  of  the  wages,  and  over  the  shortage  occupations  to  which  a  lower  threshold  will 
apply. 

Given all these considerations the proposal complies with the subsidiarity principle. 

• 

Proportionality 

This  proposal  concerns  admission  conditions,  procedures  and  rights  of  third-country  highly 
skilled workers, which are elements of a common immigration policy under Article 79 TFEU. 
EU-wide rules for this group of third-country nationals already exist, in parallel with national 
rules,  yet  they  need to  be modified to  address  the identified problems  and fully  achieve the 
objectives  of  the  Directive,  while  the  content  and  form  of  the  Union  action  should  remain 
limited to what is necessary to achieve these objectives. 

The proposal offers a balance between, on the one hand, enhanced rights including intra-EU 
mobility  through  a  higher  level  of  harmonisation,  and,  on  the  other  hand,  a  more  inclusive 
scheme  through  further  facilitation  of  admission  procedures  (including  lower  salary 
thresholds,  thus  enlarging  the  target  group),  with  a  certain  flexibility  for  Member  States  to 
adapt the scheme to their national situation.  

The  administrative  burden  imposed  on  Member  State  in  terms  of  change  of  legislation  and 
added cooperation would be moderate as the EU Blue Card scheme already exists and as this 
burden would be outweighed by the benefits.  

• 

Choice of the instrument 

The  instrument  chosen  is  a  new  Directive  to  repeal  and  replace  the  current  EU  Blue  Card 
Directive.  This  gives  Member  States  a  degree  of  flexibility  in  terms  of  implementation  and 
application.  A  Directive  is  binding  as  to  the  result  to  be  achieved  but  gives  Member  States 
flexibility in  respect  of the form  and method  for putting these objectives into effect  in  their 
national  legal  system  and  general  context.  No  reason  has  been  identified  to  move  from  a 
Directive to a directly applicable Regulation. 

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Non-binding  measures  would  have  too  limited  an  effect,  as  potential  applicants  and 
companies would continue to face an array of different rules for admission 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

• 
The first implementation report of the EU Blue Card Directive18 was presented in May 2014 
and  assessed  the  conformity  of  national  legislations  with  the  provisions  of  the  Directive.  It 
concluded that there  are  wide variations between Member States in  the number of EU Blue 
Cards granted due to policy choices by Member States who apply and promote the EU Blue 
Card  in  considerably  different  ways  and,  in  some  cases,  favour  their  parallel  national 
schemes. The current EU Blue Card Directive only sets minimum standards and leaves much 
leeway  to  Member  States  through  many  discretionary  provisions  and  references  to  national 
legislation. The report also found that there are a number of deficiencies in the transposition 
and,  more  specifically,  that  Member  States  have  been  neglecting  their  reporting  obligations 
under the Directive. These concerns were discussed with Member States through the network 
of National Contact Points and in Contact Group meetings. 

A further evaluation carried out by the Commission in 2015-2016 updated and expanded upon 
the first report. The conclusion is that the EU Blue Card in its current form does not achieve 
its  potential  for  adding  value  to  the  competing  and  complementary  national  schemes  for 
highly skilled workers19. 

• 

Stakeholder consultations 

Between 27 May and 30 September 2015, an online public consultation on the EU Blue Card 
and the EU’s labour migration policies was conducted. In total, 610 responses were received 
to the questionnaire and 15 written contributions from a wide range of actors representing all 
relevant  stakeholders20.  Contributions  were  sought  and  received  from  EU  citizens, 
organisations  and  third-country  nationals  (residing  inside  or  outside  the  EU)  as  well  as 
employers  (multinationals  as  well  as  SMEs),  their  associations,  private  and  public 
employment  organisations,  trade  unions,  ministries,  regional  and  local  authorities,  media 
workers,  academics,  international  organisations, organisations or  authorities of the  countries 
of origin, social partners and other civil society actors. Various bilateral and group meetings 
have  also  been  held  with  key  Member  States,  business  representatives,  practitioners,  social 
partners  and  international  organisations  (OECD,  UNHCR,  IOM).  A  specific  workshop  was 
organised with national social partners on 3 December 2015 in collaboration with the Labour 
Market Observatory (LMO) and the Permanent Study Group on Immigration and Integration 
(IMI)  of  European  Economic  and  Social  Committee.  Several  additional  stakeholder 
consultation  activities  were  conducted  by  an  external  contractor  with  selected  national 
authorities, employer organisations, trade unions, and organisations in countries of origin. 

The  results  have  been  taken  into  account  throughout  the  review  as  reflected  in  the  Impact 
Assessment report.  

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Collection and use of expertise  

Communication of 22 May 2014 on the implementation of Directive 2009/50/EC, COM(2014) 287 final. 
See Annex 5 of the accompanying Impact Assessment. 
Results and contributions are available online. 

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A Commission Expert Group on Economic Migration (EGEM)21 was established to  support 
the  future  policy  development  in  the  field  of  economic  migration.  During  the  first  EGEM 
meeting on 25 March 2015, the experts discussed ways to "better manage Labour Migration at 
EU level" and the main subject for discussion was the review of the EU Blue Card. The focus 
of the second EGEM meeting on 7 December 2015 was on the “policy options for a revised 
Blue Card”22. 

In addition, on 13 November 2015, a meeting of the EMN Skilled Migrants Expert Group — 
a  sub-group  of  the  European  Migration  Network  —  took  place  with  experts  from  Member 
States for a technical discussion on issues related to the EU Blue Card, the parallel national 
schemes for highly skilled workers and their interaction.  

• 

Impact assessment 

In  the  preparation  of  the  proposal  a  broad  range  of  policy  options  were  examined,  some  of 
which  –  repealing  the  EU  Blue  Card  Directive,  introducing  a  point-based  expression  of 
interest system, extending the scope to international service providers – were discarded in the 
first stage of assessment.  

Options considered 

Amongst the options retained for in-depth assessment are the following:  

0) Baseline scenario  

The current EU Blue Card would continue to be applied without legislative changes. Existing 
monitoring  and  enforcement  activities  of  the  current  legislation  would  continue,  as  well  as 
activities  to  improve  cross-national  recognition  of  foreign  qualifications  either  between 
Member  States  or  in  cooperation  with  third  countries  through  exchanges  of  practice  and 
further guidance to the national authorities. 

1)  Extending  the  scope  by  making  it  accessible  to  a  significantly  wider  group  of  workers, 
including (some) medium-skilled  

This option would make the EU Blue Card available also to some medium-skilled workers, as 
salary  and  qualifications  would  be  set  as  alternative  instead  of  cumulative  conditions.  The 
level of rights would not be significantly enhanced from the current level. 

2)  Modifying  admission  conditions  and  rights  without  extending  the  scope  beyond  highly 
skilled workers 

This  option  has  three  sub-options  depending  on  the  target  group  (wider  vs.  more  selective) 
and  remains  within  the  scope  and  basic  framework  of  the  current  Directive,  but  with 
facilitation common to all sub-options as regards conditions, procedures and rights.  

 

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2a) Making the EU Blue Card accessible to a wider group of highly skilled workers 

Register of Commission Expert Groups: E03253. 
Membership, meeting reports and written contributions from participants are available at: 
http://ec.europa.eu/transparency/regexpert/index.cfm?do=groupDetail.groupDetail&groupID=3253 

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This  sub-option  would  extend  the  scope  of  highly  skilled  workers  eligible  for  the  EU  Blue 
Card, facilitate admission and provide enhanced residence and mobility rights. Member States 
would  maintain  some  limited  leeway  for  national  adaptation  of  the  scheme,  but  parallel 
national schemes would be abolished.  

 

2b) Making the EU  Blue Card a tool to  attract  a selected  group of the most  highly 
skilled workers 

This option would make the EU Blue Card a rather selective instrument  for the very highly 
skilled.  Eligible  workers  would  benefit  from  fast  and  easy  admission  and  from  extensive 
rights. Parallel national schemes would remain allowed. 

 

2c) Creating a two-tiered Blue Card targeted at different skill levels of highly skilled 
workers 

This sub-option would be a combination of the previous sub-options by creating an EU Blue 
Card with two levels to address different categories of highly skilled workers: first level for a 
wide group of highly skilled workers and a more selective second level with faster access to 
long-term  residence  and  easier  intra-EU  mobility.  Parallel  national  schemes  would  be 
abolished.  

3) A unified standard EU-wide Blue Card 

This  policy  option  package  would  introduce  a  standard  EU-wide  set  of  Blue  Card  rules 
applicable across the Member States. There would be no scope for the Member States to adapt 
any  of  the  conditions  or  other  rules  of  the  EU  Blue  Card  to  national  labour  market 
circumstances. An EU Blue Card issued by one Member State would be mutually recognised 
by  all  Member  States  and  provide  unlimited  intra-EU  mobility.  Parallel  national  schemes 
would be abolished.  

Horizontal/parallel legislative options 

A  number  of  horizontal  legislative  options  have  also  been  considered  and  also  a  non-
legislative  one.  These  options  can  be  self-standing  on  top  of  the  baseline  situation  or 
combined with any of the legislative packages: 

a) Non-legislative actions to improve the effectiveness of the EU Blue Card 

This  policy  option  aims  at  enhancing  the  implementation  of  the  EU  Blue  Card  and  the 
practical  cooperation  between  Member  States,  and  reinforces  the  promotion  of  the  brand 
through  information  sharing,  promotion,  and  advertisement  activities.  It  would  include 
practical  measures  to  make  the  use  of  the  EU  Blue  Card  scheme  easier  by  improving  the 
recognition of foreign qualifications and improve skills and job matching. 

b) Legislative action extending the EU Blue Card to innovative entrepreneurs 

This  option  would  extend  the  scope  of  the  EU  Blue  Card  from  highly  skilled  employed 
workers  to  innovative  entrepreneurs  (thus  self-employed  workers),  and  a  separate  set  of 
admission conditions and rights (including possibly intra-EU mobility) for this group would 
be created within the Directive.  

c)  Legislative  action  extending  the  EU  Blue  Card  to  highly  skilled  beneficiaries  of 
international protection and asylum applicants 

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This option would open access to the EU Blue Card to other categories of migrants who are 
applying  for  or  have  received  international  protection  status.  Two  main  sub-categories  and 
sub-options  can  be  distinguished:  (i)  including  only  beneficiaries  of  international  protection 
(refugees, persons granted subsidiary protection); (ii) including also asylum seekers. 

Preferred option 

After  the  assessment  of  the  impacts,  effectiveness  and  efficiency  of  the  retained  options,  as 
well  as  of  their  feasibility,  the  preferred  option  is  2a)  in  combination  with  the  horizontal 
options  a)  (non-legislative  actions)  and  c),  sub-option  (i)  (including  only  beneficiaries  of 
international  protection  in  the  scope).  The  preferred  option  includes  therefore  the  following 
main elements:  modifying the admission conditions and making the EU Blue Card accessible 
to a wider group of highly skilled workers; improving the rights associated with the EU Blue 
Card,  including  intra-EU  mobility;  and  not  extending  the  scope  beyond  highly  skilled 
workers. Furthermore, national schemes for third-country nationals falling within the scope of 
application of this Directive would no longer be allowed. The legislative measures would be 
complemented  by  non-legislative  actions  and  potentially  by  making  the  EU  Blue  Card 
accessible to highly skilled beneficiaries of international protection. 

The  preferred  option  strikes  a  mid-way  balance  between,  on  the  one  hand,  a  high  level  of 
inclusiveness, substantial flexibility for Member States to adapt to their national situation, and 
a  high  substitution  potential  for  parallel  national  schemes,  and,  on  the  other  hand,  further 
facilitation of procedures, a higher level of rights, further facilitation of intra-EU mobility and 
a  high  level  of  harmonisation.  Consequently,  this  preferred  option  represents  a  balanced 
combination  between  (high)  effectiveness  and  efficiency,  positive  economic  and  social 
impacts. Such positive impacts would be maximised if combined with non-legislative actions 
such  as  active  promotion  of  the  scheme  and  improved  matching  between  employers  and 
potential migrants. 

The  estimated  additional  permits  for  this  option  are  in  the  range  of  minimum  32  484  to 
maximum  137 690 highly  skilled workers (per  year, aggregate across participating Member 
States,  variation  depending  on  the  salary  threshold  set  by  individual  Member  States).  This 
would  result  in  an  estimated  positive  annual  economic  impact  of  between  1.4  billion  to  6.2 
billion EUR accruing from  additional highly  skilled workers coming to  and working within 
the EU. Overall higher numbers of admitted highly skilled workers, and an increased retention 
potential of young talent trained in the EU, will create a larger pool of highly skilled workers 
from which employers can draw to fill shortages which would positively impact growth and 
the  EU’s  competitiveness.  Combined  with  increased  possibilities  for  occupational  mobility 
between jobs and intra-EU mobility this would facilitate and lower the cost of recruitment for 
SMEs and make it easier for them to fill labour shortages and boost their growth perspectives. 
There  would  also  be  positive  impact  on  the  capacity  of  companies  to  conduct  research  and 
development (R&D) and would benefit the EU’s overall capacity for innovation, research and 
entrepreneurship. The high effectiveness and efficiency of this option would also reduce the 
administrative burden linked its application.  

Social impacts will also be positive as EU citizens would benefit from the positive impact on 
overall  economic  growth  through  filling  labour  and  skills  shortages,  which  may  indirectly 
contribute  to  reinforcing  knowledge-based  economy  and  job  creation  in  the  EU.  Given  that 
this scheme is targeted at highly skilled workers, demand-driven and fairly selective, and that 
appropriate  safeguards  are  built  in,  the  potential  displacement  effect  on  EU  workers  is 
expected to be limited. Blue Card holders would enjoy a positive impact in terms of enhanced 

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family reunification rights,  access  to  long term  status and intra-EU mobility. Positive social 
impacts can also be expected due to the inclusion of beneficiaries of international protection 
as highly skilled beneficiaries would, by obtaining an EU Blue Card, become more visible to 
employers  in  their  host  Member  State  and  be  able  to  access  labour  markets  also  in  other 
Member States than the one that granted them protection. This facilitates their labour market 
participation  which  favours  their  integration  and  their  ability  to  provide  for  their  own 
livelihood. 

Opinion of the Regulatory Scrutiny Board 

On 5 February 2016 the impact assessment was submitted to the Regulatory Scrutiny Board 
(RSB) and a meeting was held on 2 March 2016. The Board issued a first opinion (negative) 
on 4 March 2016. The impact assessment was re-submitted on 14 March and a second opinion 
(positive) was issued on 18 March 2016. The main issues for improvement highlighted by the 
Regulatory  Scrutiny  Board's  opinions  were  the  following  and  were  taken  into  account  as 
follows:  

a) Clarify the addressed problems and their EU dimension  

The impact assessment report has been strengthened in its analysis on the existing and future 
labour shortages across the EU and how they can be effectively addressed by the revised Blue 
Card  and  especially  by  enhanced  intra-EU  mobility  of  third-country  national  highly  skilled 
workers.  The  interaction  between  intra-EU  mobility  of  EU  citizens  and  mobility  of  highly 
skilled  workers,  and  the  extent  to  which  both  contribute  to  addressing  skills  and  labour 
shortages, has also been clarified. Figures and additional analysis have been added to better 
demonstrate the need for EU action in attracting highly skilled third-country national workers 
and  the  EU  added  value  in  comparison  with  national  schemes.  The  interaction  between  the 
EU  Blue  Card  review  and  other  migrant  categories  such  as  beneficiaries  of  international 
protection/asylum seekers, service providers and entrepreneurs - as well as the need for their 
possible inclusion in its scope - has been further elaborated.  

b) Clarify the objectives and policy options  

The  general  and  specific  objectives  have  been  revised  to  be  more  consistent  with  both  the 
problem  definition  and  the  proposed  options.  The  underlying  logic  of  the  policy  option 
packages  has  been  explained,  and  the  presentation  simplified.  Justifications  for  discarding 
certain options upfront have been strengthened, and the screening and selection of the policy 
options has been improved. 

c) Focus the impact analysis on the main labour market aspects  

The  presentation  of  the  impact  analysis  has  been  simplified  and  made  more  reader-friendly 
and  focus  is  more  clearly  on  labour  market  aspects  and  economic  impacts.  Impacts  per 
Member  State  have  been  identified  where  feasible.  Differences  between  the  various  policy 
options  and  the  baseline  scenario  have  been  better  highlighted.  While  quantitative  data 
remains limited, administrative costs and gains for different stakeholders have been analysed. 
A preferred option, consisting of one policy option package and horizontal elements, has been 
selected as a result of gradual elimination of options based on clear and objective criteria. 

• 

Fundamental rights 

This initiative is fully consistent with the Charter of Fundamental Rights and enhances some 
of the rights enshrined therein. It in particular contributes to delivering the right to respect for 
private  and  family  life  (Article  7)  —  through  facilitated  provisions  in  relation  to  family 

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reunification  for  highly  skilled  workers  —  and  the  right  to  engage  in  work  and  to  pursue  a 
freely chosen or accepted occupation (Article 15(1)). It is also fully consistent with the rights 
related  to  working  conditions  (Article  15(3))  and  rights  of  workers  (Articles  27  to  36)  as  it 
maintains  the  rights  to  equal  treatment  for  highly  skilled  workers  as  regards  working 
conditions,  access  to  social  security,  to  education  and  vocational  training  as  well  access  to 
goods and services. Compatibility with Article 47 (right to an effective remedy and fair trial) 
is fully ensured as the current provisions in the EU Blue Card related to the right to appeal in 
case  the  application  is  rejected,  as  well  as  to  be  notified  the  grounds  for  rejection,  are 
maintained.  

4. 

BUDGETARY IMPLICATIONS 

There are no implications for the European Union budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The  Commission  will  check  the  correct  and  effective  transposition  into  national  laws  of  all 
participating  Member  States.  Throughout  the  implementation  phase  the  Commission  will 
organise  regular contact  committee meetings with all Member States. The Commission  will 
present  to  the European  Parliament  and the Council a report evaluating the implementation, 
functioning and impact of the EU Blue Card three years after the transposition deadline, and 
every three years thereafter. 

The  application  of  the  EU  Blue  Card  Directive  will  be  monitored  against  the  main  policy 
objectives  using  a  number  of  relevant  and  measurable  indicators  based  on  easily  available, 
accepted and credible data sources. The communication of more types of information is made 
mandatory in the revised Directive to improve its timely provision and reliability. This would 
increase  its  value  for  the  monitoring  and  evaluating  the  highly  skilled  migration  policy.  In 
addition,  the exchange of information  via the National  Contact  Points on the EU Blue Card 
will be improved.  

• 

Explanatory documents  

The  proposed  Directive  has  a  wide  personal  scope  as  regards  highly  skilled  third-country 
national  that  it  covers.  The  proposal  also  contains  a  larger  number  of  legal  obligations 
compared  to  the  existing  Directive  2009/50/EC.  Given  this,  and  the  fact  that  the  proposal 
includes provisions on a number of groups not yet covered in a mandatory way by the current 
legal  framework,  explanatory  documents,  including  a  correlation  table  between  national 
provisions and the Directive, accompanying the notification of transposition measures will be 
needed  so  that  the  transposition  measures  that  the  Member  States  have  added  to  existing 
legislation are clearly identifiable.  

• 

Detailed explanation of the specific provisions of the proposal 

Chapter I - GENERAL PROVISIONS 

Article 1 - Subject matter 

The objective of the proposal is to define the conditions for the entry and residence of third-
country nationals applying to reside in the EU for the purpose of highly skilled employment, 
either from outside the EU or legally residing in the EU with another status, and their family 

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members,  and  to  define  their  rights.  The  proposal  also  determines  the  conditions  in  which 
third-country  nationals  who  are  legally  residing  in  a  Member  State  under  the  terms  of  this 
proposal  may  move  and  reside  with  their  family  members  in  other  Member  States.  This 
provision remains essentially similar to the one in Directive 2009/50/EC but adapted to take 
account of the fact that the Blue Card will become the sole means for admitting highly skilled 
third country nationals. 

Article 2 – Definitions 

This Article sets out the definitions used in the proposal, which are to a large extent common 
to  other  existing  legal  migration  Directives.  A  definition  is  given  to  "highly  skilled 
employment",  which  replaces  the  concept  of  "highly  qualified  employment"  in  the  current 
Directive.  It  refers  to  paid  employment,  in  accordance  with  national  law  and  practice,  by  a 
person  having  the  necessary  competence  as  proven  by  "higher  professional  qualifications". 
The  latter  can  be  attested  by  either  "higher  education  qualifications"  (i.e.  the  successful 
completion of a post-secondary higher education or equivalent tertiary education programme, 
corresponding at least to level 6 of ISCED23 2011 or to level 6 of the European Qualification 
Framework)  or  by  "higher  professional  skills"  (i.e.  skills  attested  by  at  least  three  years  of 
professional experience of a level comparable to higher education qualifications and relevant 
to the work or profession to be carried out). The level of required skills remains unchanged, 
but  it  becomes  mandatory  for  Member  States  to  recognise  professional  experience  as  an 
alternative to education qualifications. Furthermore, the specific reference to ISCED and EQF 
levels is new, intended to provide added clarity. 

As  a  novelty  compared  to  Directive  2009/50/EC,  the  definition  of  "business  activity"  is 
provided in  order to  define which professional  activities can be carried out  by the EU  Blue 
Card holder in the context of the specific rules for short-term mobility to other Member States 
(see Article 19). 

Article 3 - Scope 

The  proposal,  similarly  to  Directive  2009/50/EC,  does  not  cover  EU  citizens,  third-country 
nationals  who  are  EU  long-term  residents  and  want  to  move  to  another  Member  State, 
seasonal workers nor posted workers. As there are potential overlaps between the scopes of 
Directive  (EU)  2016/801  of  the  European  Parliament  and  of  the  Council24  and  the  present 
instrument,  this  Article  expressly  excludes  from  the  scope  of  the  Directive  third-country 
nationals  who  apply  to  reside  in  a  Member  State  as  researchers,  within  the  meaning  of 
Directive  (EU)  2016/801,  in  order  to  carry  out  a  research  project.  However,  once  admitted 
under Directive (EU) 2016/801 legally residing researchers may apply for an EU Blue Card 
under this Directive for other purposes than those covered under Directive (EU) 2016/801.  

As a modification to Directive 2009/50/EC, all third-country national family members of EU 
citizens  are  given  access  to  the  EU  Blue  Card  in  order  to  enable  them  to  engage  in  highly 
skilled  employment  and  perform  business  trips  in  different  Member  States  regardless  of 
whether or not the EU citizen accompanies them. These highly skilled third-country national 
family  members  of  EU  citizens  have  the  same  short  and  long  term  professional  intra-EU 
mobility needs as other highly skilled third-country nationals, and they should not be denied 

23 
24 

UNESCO International Standard Classification of Education. 
Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry 
and  residence  of  third-country  nationals  for  the  purposes  of  research,  studies,  training,  voluntary  service,  pupil 
exchange schemes or educational projects and au pairing (OJ L 132, 21.05.2016, p. 21).  

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the possibility to apply for an EU Blue Card which they would have had in their country of 
origin  simply  due  to  the  fact  they  are  residing  legally  in  the  EU  as  family  members  of  EU 
nationals.  

The proposed Directive continues to not apply to persons seeking international protection and 
awaiting decision on their status or to those who are beneficiaries of temporary protection or 
residing in a Member State on a strictly temporary basis. As a novelty it does cover, however, 
beneficiaries  of 
international  protection  under  Directive  2011/95/EU  (“Qualification 
Directive”).  They  will  be  able  to  apply  for  an  EU  Blue  Card  like  any  other  third-country 
national,  while  retaining  all  the  rights  they  enjoy  as  beneficiaries  of  protection  (see  also 
comments  on  Articles  15  and  16).  Also  third-country  nationals  to  be  resettled  in  Member 
States  under  future  EU  schemes,  who  will  be  granted  similar  rights  as  those  laid  down  in 
Qualification  Directive,  are  to  be  given  access  to  the  EU  Blue  Card.  Highly  skilled 
beneficiaries  of  international  protection  will  thus  become  more  accessible  to  employers  and 
be  able  to  take  up  employment  in  a  more  targeted  way  in  accordance  with  their  skills  and 
education, filling shortages in sectors and occupations in any Member State. This allows them 
to actively participate in the labour market, which favours their integration, and to more easily 
secure  their  own  livelihood.  Furthermore,  it  avoids  wasting  their  skills  if  there  are  no 
vacancies in their specific field in the Member State that granted them protection, leading to a 
more  efficient  labour  market  allocation.  In  the  upcoming  revision  of  the  Qualification 
Directive the necessary references and modifications will be introduced to ensure consistency. 

A  provision  is  also  included  to  safeguard  international  agreements  concluded  by  the  Union 
and/or its Member States to ensure ethical recruitment, i.e. to protect those sectors suffering 
from lack of personnel in developing countries.   

As a distinction to Directive 2009/50/EC, the new proposal does not allow Member States to 
have parallel national schemes targeting the same group of highly skilled workers. In order to 
develop the EU Blue Card into a truly EU-wide scheme, Member States are obliged to grant 
an EU Blue Card instead of a national permit for highly skilled work to persons falling under 
its scope. Member States may only issue national permits in respect of third-country national 
workers not falling under the scope of the Directive, within the limitations set out in other EU 
legislation in the field of legal migration. 

Article 4 - More favourable provisions 

The  proposal  harmonises  admission  conditions  and  procedures  for  third-country  nationals 
falling under its scope, and for their family members, as well as for their subsequent mobility 
to other Member States.. 

Member States are nevertheless still allowed to grant more favourable conditions as regards 
rights,  in  particular in  relation  to  equal  treatment  (Article 15) and rights  of family members 
(Article  16).  Member  States  may  also  have  more  favourable  treatment  of  situations  of 
temporary  unemployment  (Article  14),  and  allowed  absences  from  the  territory  once  long-
term  resident  status  has  been  acquired  (Article  17(5)).  In  addition,  Member  States  may 
introduce more favourable provisions regarding procedural safeguards (Article 10).  

Chapter II - CONDITIONS OF ADMISSION 

Article 5 – Criteria for admission 

Article 5 lays down the conditions the applicant must fulfil in order to be admitted as an EU 
Blue  Card  holder.  Besides  the  general  conditions  similar  to  those  included  in  Directive 

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2009/50/EC and other existing acquis on legal migration (i.e., having a valid travel document, 
sickness insurance and not posing a threat to public policy, public security or public health), 
specific conditions include: 

- Paragraph 1(a): a work contract or a binding job offer with a duration of at least six months 
in  the  Member  State  concerned,  as  admission  is  demand-driven.  The  required  length  of 
contract is shortened from 12 to 6 months compared to the current Directive. This condition is 
intended  to  guarantee  a  certain  level  of  continuity  of  residence  and  employment  while 
offering  a  certain  degree  of  flexibility  in  line  with  the  demands  of  the  labour  market  and 
Member  States’  practices.  However,  an  important  share  of  national  residence  permits  for 
highly  skilled  workers  are  currently  issued  for  a  validity  period  of  less  than  twelve  months 
and  employers  tend  to  offer  a  trial  contract  first,  with  a  shorter  duration,  to  ensure  that  the 
employee is suitable for the position in question, after which an extension may be granted if 
the trial period has been successfully completed.  

- Paragraph 1(b): for regulated professions, similarly to Directive 2009/50/EC, the applicant 
must fulfil the requirements set out under national law for the exercise by Union citizens of 
the regulated profession concerned.  

- Paragraphs 1(c) and 6: for unregulated professions, the applicant must prove that he/she has 
the necessary higher professional qualifications, i.e. either higher education qualifications or 
higher  professional  skills;  Member  States  shall  facilitate  the  validation  and  recognition  of 
documents attesting the relevant higher professional qualifications. The changes compared to 
Directive 2009/50/EC have been described under Article 2.  

- Paragraph  2:  The salary specified in  the work contract  must be at  least  equal  to  a certain 
threshold  determined  by  Member  States  within  a  range  of  minimum  1.0  and  maximum  1.4 
times the average gross annual salary in the Member State concerned. This threshold is lower 
than the one set in Directive 2009/50/EC (minimum 1.5 times the average gross annual salary 
in  the  Member  State  concerned,  no  maximum  set),  thus  significantly  increasing  the 
inclusiveness of the EU Blue Card scheme, i.e. including a much higher number of potential 
highly skilled workers25. A fixed range increases the harmonising effect, while maintaining a 
certain level of flexibility for Member States to set the threshold in function of the particular 
situation  in  their  labour  market,  their  average  income  levels  and  divergence  in  income 
distribution.  The  use  of  Eurostat  data  (National  Accounts)  as  the  reference  figure  for 
calculating  the  salary  threshold  is  made  mandatory  in  order  to  increase  transparency  and 
harmonisation.  

- Paragraphs 4 and 5: these provisions introduce a mandatory lower salary threshold (at 80 
percent of the general threshold) for shortage occupations determined by the Member States, 
belonging  to  ISCO  major  groups  1  and  226,  as  well  as  for  young  graduates.  In  Directive 
2009/50/EC, there is only an optional lower salary threshold for shortage occupations at the 
minimum level of 1.2 times the average salary. The derogation for recent graduates  – which 
was  not  foreseen  in  Directive  2009/50/EC  –  facilitates  the  access  to  the  EU  Blue  Card  for 
young professionals who are likely not to have enough professional experience to claim high 

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26 

For  an  analysis  of  the  impact  and  'inclusiveness'  of  the  different  salary  thresholds  see  Annexes  7  and  14  of  the 
Impact Assessment accompanying this proposal, SWD(2016)193 
ISCO  (International  Standard  Classification  of  Occupations)  major  groups  1  and  2  include  managers  and 
professionals respectively. http://www.ilo.org/public/english/bureau/stat/isco/intro.htm. 

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salaries27. Such facilitation is consistent with recent amendments to EU legislation on students 
(Directive (EU) 2016/801), where graduates are allowed to look for employment in the host 
Member State for at least nine months.  

Articles 6 and 7 - Grounds for refusal, withdrawal or non-renewal of the EU Blue Card 

These  provisions  lay  down  the  mandatory  and  optional  grounds  for  refusal,  as  well  as  for 
withdrawal  and  non-renewal.  These  are  largely  similar  to  the  grounds  included  in  Directive 
2014/66/EU  in  relation  to  intra-corporate  transferees  and  some  provisions  have  been  added 
compared to Directive 2009/50/EC.  

As regards the possibility of carrying out a labour market test, whereas it is an unlimited right 
for  Member  States  under  Directive  2009/50/EC,  in  the  proposal  it  is  only  allowed  in 
circumstances  where  a  Member  State's  labour  market  undergoes  serious  disturbances,  for 
example a high level of unemployment in a given occupation or sector in a particular region 
in their territory. In case a Member States intends to carry out labour market tests, it shall send 
a justified notification to the Commission and communicate this to applicants and employers. 
The social partners may be involved by Member States in the assessment of the circumstances 
related to its labour market.  

Chapter III - EU BLUE CARD AND PROCEDURE 

Articles 8, 9, 10 and 11 - EU Blue Card, applications for admission, procedural safeguards 
and fees 

Applicants for whom a positive decision has been taken by the Member State concerned shall 
receive a residence permit called "EU Blue Card" stating the conditions under which they are 
allowed to work. The standard period of validity for the EU Blue Card is at least 24 months. 
Only if the work contract covers a shorter period, the EU Blue Card validity should be at least 
the  duration  of  the  work  contract  plus  three  months.  However,  when  an  EU  Blue  Card  is 
renewed,  the  period  of  validity  should  in  any  case  be  at  least  24  months.  In  Directive 
2009/50/EC, Member States are given the choice of a standard validity between 1 and 4 years 
or  length  of  the  contract  plus  three  months,  and  it  applies  equally  to  first  permits  and 
renewals. 

Applications  for  the  EU  Blue  Card  can  be  made  either  outside  or  inside the  territory  of  the 
Member State, the latter on the condition that the applicant is legally present in the territory of 
that Member State, on whatever grounds (bearing in mind, however, the categories excluded 
from  the  scope  under  Article  3(2)).  This  is  more  generous  than  provisions  in  Directive 
2009/50/EC, which only gives the possibility for Member States to  allow all legally staying 
third-country nationals to apply on their territory. 

Member States shall notify the applicant of a decision on an application at the latest within 60 
days after the submission of the application. This is shortened from the 90 days in Directive 
2009/50/EC. 

Member  States  may  decide  to  impose  fees  for  handling  applications.  However,  they  should 
not  be  disproportionate  or  excessive.  This  is  a  new  provision,  modelled  from  Directive 
2014/66/EU on intra-corporate transferees. 

Article 12 - Recognised employers 

27 

See Annex 7 of the Impact Assessment accompanying the proposal, SWD(2016)193 

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An  optional  system  of  'recognised  employers'  is  introduced,  which  was  not  foreseen  in 
Directive 2009/50/EC. The recognition procedure is regulated at national level; however, such 
procedure  must  be  transparent  and  not  entail  disproportionate  or  excessive  administrative 
burden and costs for employers. When an employer has been recognised in accordance with 
this Article, the application procedure for obtaining an EU Blue Card must be fast tracked (30 
days maximum) and linked to procedural facilitation (i.e. no evidence required as regards the 
qualifications for unregulated professions and sickness insurance). 

Chapter IV - RIGHTS 

Articles 13 and 14 - Access to the labour market and temporary unemployment  

Directive  2009/50/EC  contains  a  multifaceted  set  of  rules  regulating  access  to  the  labour 
market and the procedures linked thereto. In the proposal access is simplified: EU Blue Card 
holders are granted full access to highly skilled employment. Member States can only require 
that they communicate changes of employer or  changes that can affect  the fulfilment of the 
EU Blue Card admission conditions. The purpose is to make the legal situation clear across 
Member  States  and  to  avoid  unnecessary  administrative  burden.  This  will  not  affect  the 
possibility for Member States to withdraw or not to renew an EU Blue Card, where conditions 
are  no  longer  fulfilled.  In  addition,  EU  Blue  Card  holders  are  allowed  to  exercise  a  self-
employed  activity  in  parallel  with  their  Blue  Card  occupation  as  a  possible  gradual  path  to 
innovative  entrepreneurship.  This  entitlement  does  not  change  the  fact  that  the  admission 
conditions for the EU Blue Card have to be continuously fulfilled and, therefore, the EU Blue 
Card holder must remain in highly skilled employed activity.  

Similarly to Directive 2009/50/EC, temporary unemployment is allowed without this affecting 
the right of residence as an EU Blue Card holder. Unemployment cannot last for more than 
three months or occur more than once during the validity of the EU Blue Card. 

Articles 15 and 16 - Equal treatment and family members  

The  provisions  on  equal  treatment  of  EU  Blue  Card  holders  with  Member  State  nationals 
largely  correspond  to  the  rights  provided  under  Directive  2009/50/EC,  only  some  updates 
have been introduced to match the more recent Directives. 

Derogations from Directive 2003/86/EC are provided in order to facilitate family reunification 
of highly skilled workers. Like under Directive 2009/50/EC, no waiting period or integration 
measures can be imposed before reunification is allowed. As a further new facilitation, family 
members  will  be  entitled  to  receive  their  permits  immediately  when  the  EU  Blue  Card  is 
issued  and  thereby  be  able  to  join  the  worker  without  any  delay.  Moreover,  Member  States 
cannot apply limitations regarding family members' access to the labour market, but a labour 
market test can be carried out before granting access. 

EU Blue Card holders are not covered by these provisions whenever they enjoy rights, in the 
areas  covered  by  these  Articles,  as  beneficiaries  of  the  right  to  free  movement.  Likewise, 
beneficiaries  of  international  protection  are  not  covered  by  these  provisions  and  remain 
covered  by  the  rules  that  apply  to  them  as  beneficiaries  of  protection  vis-à-vis  the  Member 
State which granted them protection.  

Articles 17 and 18 - EU long-term residence for EU Blue Card holders 

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These  Articles  provide  for  derogations  from  Directive  2003/109/EC  and  thereby  give  EU 
Blue Card holders facilitated access to EU long-term resident status. Compared to Directive 
2009/50/EC, further facilitations are introduced while building on the existing model. In order 
to guarantee a sufficient level of integration in the host country, access can be gained first of 
all through a continuous residence period of three years in one Member State as an EU Blue 
Card  holder.  Alternatively,  where  the  EU  Blue  Card  holder  has  moved  to  another  Member 
State  under  the  EU  Blue  Card  mobility  provisions,  the  status  can  be  obtained  through  five 
years  of  continuous  residence  cumulated  in  different  Member  States  (also  residence  while 
holding another residence permit than the EU Blue Card will be accounted for). To reinforce 
the link to the country issuing the EU long-term resident status, it is required that the EU Blue 
Card holder has resided at least two years immediately prior to applying for the status in the 
Member State concerned. Where the period of three years applies, the EU long-term resident 
status  may  be  withdrawn  before  a  period  of  legal  and  continuous  residence  of  five  years 
within  the  territory  of  the  Member  States  has  been  completed  if  the  third-country  national 
becomes  unemployed  and  does  not  have  sufficient  resources  to  maintain  himself  or  herself 
and, where applicable, the members of his or her family, without having recourse to the social 
assistance  system  of  the  Member  State  concerned,  except  in  case  of  illness,  accident, 
involuntary  unemployment  or  vocational  training.  Where  the  period  of  five  years  applies, 
longer  absences  from  the  territory  of  Member  States  are  allowed  than  under  the  general 
regime foreseen in Directive 2003/109/EC.  

Directive 2009/50/EC already recognised a specific status for EU long-term residents who are 
former EU Blue Card holders. New provisions are introduced in the proposal to guarantee that 
no  rights  are  lost  in  this  transition:  The  short-term  intra-EU  mobility  rights  for  business 
activities  in  a  second  Member  State  enjoyed  under  the  EU  Blue  Card  scheme  will  be 
maintained upon the issuance of the EU long-term resident status. For residence in a second 
Member  State  long-term  residents  who  are  former  EU  Blue  Card  holders  will  rely  on  the 
regime  foreseen  in  Directive  2003/109/EC,  with  derogations  where  the  EU  Blue  Card 
arrangements are more favourable. 

Chapter V - MOBILITY BETWEEN MEMBER STATES 

Article 19 - Business activity in a second Member State 

This  completely  new  Article  allows  Blue  Card  holders  to  enter  and  stay  in  other  Member 
States for the purpose of carrying out a business activity as defined in  point (l) of Article 2. 
Second  Member  States  are  not  allowed  to  require  a  work  permit  or  any  other  authorisation 
than the EU Blue Card issued by the first Member State for carrying out such activity. Where 
the EU Blue Card is issued by a Member State applying the Schengen acquis in full, the EU 
Blue Card holder can move within the Schengen area and carry out a business activity for 90 
days  within  a  180-day  period.  He  or  she  can  carry  out  a  business  activity  for  the  same 
duration  when  moving  to  Member  States  participating  in  the  EU  Blue  Card  but  not  fully 
applying  the  Schengen  acquis.  Where  the  EU  Blue  Card  is  issued  by  a  Member  State  not 
applying the Schengen acquis in full, second Member States must allow entry and stay on the 
basis of the EU Blue Card for  the purpose of business activity, without requiring a separate 
visa or any other authorisation, also  for a duration of 90 days within a 180-day period. The 
main  purpose  of  this  Article  is  to  guarantee  that  intra-EU  business  activities,  which  may 
belong  to  the  habitual  tasks  of  highly  skilled  workers,  can  be  carried  out  without  legal 
uncertainty or excessive administrative burden. 

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Articles 20 and 21- Residence in a second Member State for EU Blue Card holders and their 
family members  

Compared to Directive 2009/50/EC, mobility between Member States is further facilitated in 
order  to  make  the  EU  Blue  Card  a  truly  EU-wide  scheme  better  equipped  to  attract  the 
necessary  skills  to  Europe.  The  residence  period  required  in  the  first  Member  State  is 
shortened  from  18  to  12  months  and,  in  line  with  the  scheme  for  long-term  mobility 
developed  in  the  context  of  Directive  2014/66/EU,  several  conditions  are  waived  when 
applying for an EU Blue Card in the second Member State. Notably, no labour market test is 
allowed  for  mobile  EU  Blue  Card  holders  if  it  is  not  also  introduced  for  first  entry 
applications,  no  quotas  are  allowed  and  the  second  Member  State  cannot  re-verify  the 
qualifications  for unregulated professions. The relevant  procedure is  simplified and speeded 
up,  and  work  can  begin  immediately  after  the  application  for  an  EU  Blue  Card  has  been 
submitted.  Family  members  can  join  the  EU  Blue  Card  holder  without  any  delay  and  some 
conditions are waived for their residence in the second Member State. 

Article 22 - Safeguards and sanctions  

New  safeguards  are  introduced  to  match  the  more  extensive  rights  given  to  EU  Blue  Card 
holders.  Where  the  EU  Blue  Card  is  issued  by  a  Member  State  not  applying  the  Schengen 
acquis  in  full,  Member  States  may  require  evidence  of  the  purpose  of  the  trip  when  an  EU 
Blue Card holder crosses an external border for mobility purposes. Moreover, if an EU Blue 
Card is not eventually issued by the second Member State, the first Member State has to allow 
re-entry of the person concerned with possible family members. There are special safeguards 
against  refoulement  for  situations  where  the  EU  Blue  Card  holder  is  also  a  beneficiary  of 
international  protection.  These  provisions  are  similar  to  those  included  in  Directive 
2011/51/EU, by which access to EU long-term resident status along with the relevant mobility 
rights was extended to beneficiaries of international protection. Member States are given the 
possibility to impose sanctions on employers not complying with their obligations. 

Chapter VI - FINAL PROVISIONS 

Articles  23,  24,  25  and  26  –  Access  to  information,  statistics,  reporting  and  cooperation 
between contact points 

Article  23  requires,  as  a  novelty  compared  to  Directive  2009/50/EC,  Member  States  to 
provide  easily  accessible  information  to  applicants  about  entry  and  residence  conditions,  as 
well as rights. It also requires them to communicate to the Commission data on a number of 
aspects,  such  as  the  annual  salary  thresholds,  the  list  of  shortage  occupations,  the  cases  in 
which  Member  States  make  use  of  the  clause  on  ethical  recruitment,  the  allowed  business 
activities in their territory,  

Article 23 requires Member States to communicate to the Commission statistics on numbers 
of  Blue  Card  issued,  rejected,  renewed  or  withdrawn,  as  well  as  on  permits  issued  to  their 
family  members.  Those  statistics  should  be  disaggregated  by  the  period  of  validity  of  the 
permits,  the  gender  and  age  of  the  applicants,  and  the  economic  sector.  They  should  also 
allow  disaggregating  third-country  nationals  who  have  been  granted  an  EU  Blue  Card  and 
who are beneficiaries of international protection or the right to free movement, as well as EU 
Blue Card holders who have acquired long-term resident status. Some statistics are required 
already  under  Directive  2009/50/EC,  but  the  proposal  imposes  further  requirements  on 
Member States, crucial for monitoring the implementation and developing the scheme. 

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Based on Article 25, the Commission shall report to the European Parliament and the Council 
on the application of this Directive – and particularly assess the impact of Articles 5, 12, 19 
and  20  –  every  three  years  and  propose  any  amendment  that  would  be  necessary.  This  is  a 
standard provision, but the new mobility rules are a particular object of interest. 

Article 26 requires Member States to designate contact points to exchange information related 
to  Article  17  (long  term  status),  19  (business  activities),  20  (long  term  mobility)  and  23 
(implementing  measures).  The  aim  is  to  broaden  the  information  exchange  compared  to 
Directive 2009/50/EC. 

Articles 27, 28, 29 and 30– Transposition, entry into force, addressees and repeal 

Articles  26  to  28  are  standard  provisions.  Article  29  provides  for  the  repeal  of  Directive 
2009/50/EC, which is replaced by the current proposal. 

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2016/0176 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the conditions of entry and residence of third-country nationals for the purposes of 
highly skilled employment  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
points (a) and (b) of Article 79(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee28,  
Having regard to the opinion of the Committee of the Regions29, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

The Commission's Communication of 3 March 2010 entitled ‘Europe 2020: A strategy 
for  smart,  sustainable  and  inclusive  growth’30  sets  the  objective  of  the  Union 
becoming  an  economy  based  on  knowledge  and 
the 
administrative burden on companies and better matching labour supply with demand. 
Measures  to  facilitate  the  admission  of  third-country  national  highly  skilled  workers 
have to be seen in that broader context. 

innovation,  reducing 

The conclusions of the European Council of 26 and 27 June 2014 state that in order to 
remain  an  attractive  destination  for  talents  and  skills,  Europe  must  compete  in  the 
global  race  for  talent.  Strategies  to  maximise  the  opportunities  of  legal  migration 
should therefore be developed, including the streamlining of existing rules. 

The  European  Agenda  on  Migration  adopted  on  13  May  2015  calls  for  an  attractive 
EU-wide  scheme  for  highly  qualified  third-country  nationals,  and  specifies  that  a 
review  of  Council  Directive  2009/50/EC31  is  needed  to  make  it  more  effective  in 
attracting  talents  to  the  Union  and  thereby  address  both  the  demographic  challenges 
faced  by  the  Union  and  labour  and  skills  shortages  in  key  sectors  of  the  Union 
economy. 

(4) 

It is necessary to respond to the challenges identified in the implementation report on 
Directive  2009/50/EC.  The  Union  should  aim  at  establishing  a  more  attractive  and 
effective  EU-wide  scheme  for  highly  skilled  workers.  The  Union  approach  on 

28 
29 
30 
31 

OJ C , , p. . 
OJ C , , p. . 
COM(2010) 2020 final 
Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals 
for the purposes of highly qualified employment (OJ L 155, 18.6.2009, p.17). 

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(5) 

(6) 

(7) 

attracting highly skilled workers should be further harmonised and the EU Blue Card 
should be made the primary tool in  that regard  with  faster procedures,  more flexible 
and inclusive admission criteria, and more extensive rights including more facilitated 
intra-EU mobility. As this would entail substantial changes to Directive 2009/50/EC, 
that Directive should therefore be repealed and replaced by a new Directive. 

An  EU-wide  admission  system  to  attract  and  retain  highly  skilled  workers  into  the 
Union should be created. Member States should  issue an EU Blue Card instead of  a 
national  permit  to  all  applicants  falling  within  the  scope  of  this  Directive.  Member 
States should retain the right to issue permits other than EU Blue Card for any purpose 
of  employment  to  third-country  nationals  who  fall  outside  of  the  scope  of  this 
Directive,  subject  to  the  limitations  following  from  other  directives  in  the  area  of 
labour migration. 

The  concept  of  highly  skilled  worker  should  replace  the  concept  of  highly  qualified 
worker  in  order  to  emphasise  that  both  formal  educational  qualifications  and 
equivalent professional experience should be taken equally into account as criteria for 
admission.  According  to  a  Council  Recommendation  of  20  December  201232,  the 
validation  of  learning  outcomes,  namely  competences  (knowledge,  skills  and 
attitudes)33 acquired through non-formal and informal learning can play an important 
role in enhancing employability and mobility. It recommends Member States to have 
in  place,  no  later  than  2018,  arrangements  for  the  validation  of  non-formal  and 
informal learning. As mechanisms and arrangements for the evaluation and validation 
of professional experience are not readily available in all Member States, an additional 
transposition period of two years after the entry into force of this Directive should be 
provided for the provisions related to recognising professional experience in order to 
enable  Member  States,  where  necessary, 
to  develop  such  mechanisms  and 
arrangements. Member States’ National Contact Points on the EU Blue Card should be 
involved  in  effective  cooperation  with  stakeholders  and  networks  in  the  education, 
training, employment and youth sectors, as well as other relevant policy areas, for the 
purpose of recognising professional experience under this Directive. 

This  Directive  should  not  affect  the  right  of  the  Member  States  to  determine  the 
volumes of admission of third-country nationals  coming from third countries to their 
territory in order to seek work in accordance with Article 79(5) of the Treaty. On that 
basis, Member States should be able to either consider an application for an EU Blue 
Card  inadmissible  or  reject  it.  As  Article  79(5)  TFEU  only  refers  to  third-country 
nationals  coming  from  third  countries,  the  right  to  determine  volumes  of  admission 
does not apply in situations where a third-country national has already been admitted 
in  the territory of Member States under this Directive and is  seeking to  continue the 
period of residence in the same or a second Member State. 

(8) 

Beneficiaries  of  international  protection  as  defined  in  Article  2(a)  of  Directive 
2011/95/EU of the European Parliament and of the Council34 have a wide set of rights 

32 

33 

34 

Council Recommendation of 20 December 2012 on the validation of non-formal and informal learning 
(2012/C 398/01) (OJ C 398, 22.12.2012, p. 1). 
Recommendation  of  the  European  Parliament  and  of  the  Council  of  18 December  2006  on  key  competences  for 
lifelong learning (OJ L 394, 30.12.2006, p. 10). 
Directive 2011/95/EU of the European Parliament and of the Council  of 13 December 2011 on standards for the 
qualification  of  third-country  nationals  or  stateless  persons  as  beneficiaries  of  international  protection,  for  a 
uniform status for refugees or for persons eligible for subsidiary  protection, and for the content of the protection 
granted (recast) (OJ L 337, 20.12.2011, p. 9). 

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(9) 

(10) 

including labour market  access in the Member State having granted them protection. 
In order to further promote social inclusion of these persons and enhance their labour 
market opportunities across the Union, those who are highly skilled should be entitled 
to apply for an EU Blue Card. They should be subject to the same rules as any other 
third-country  national  falling  within  the  scope  of  this  Directive,  while  holding  the 
statuses of beneficiary of international protection and EU Blue Card holder in parallel. 
However, for reasons of legal clarity and coherence, the provisions on equal treatment 
and family reunification  of this  Directive should  not  apply to  this  group  of EU Blue 
Card holders in the Member State which granted them international protection. Those 
rights should remain regulated under the asylum acquis and, where applicable, Council 
Directive 2003/86/EC35.  

The transfer of responsibility for protection of beneficiaries of international protection 
is  outside  the  scope  of  this  Directive:  the  protection  status  and  the  rights  associated 
with it should not be transferred to another Member State on the basis of the issuance 
of an EU Blue Card. 

In order to facilitate the independent intra-EU mobility and business activities of those 
highly  skilled  third-country  nationals  who  are  beneficiaries  of  the  right  to  free 
movement,  they  should  be  given  access  to  the  EU  Blue  Card  according  to  the  same 
rules as any other third-country national falling within the scope of this Directive. This 
should apply regardless of whether or not the Union citizen of reference has exercised 
the fundamental right to move and reside freely under Article 21 TFEU and regardless 
of whether the third-country national concerned was first an EU Blue Card holder or a 
beneficiary of the right to free movement. The rights that these third-country nationals 
acquire as EU Blue Card holders should be without prejudice to rights they may enjoy 
under  Directive  2004/38/EC  of  the  European  Parliament  and  of  the  Council36.  For 
reasons  of  legal  clarity  and  coherence,  in  terms  of  family  reunification  and  equal 
treatment  the  rules  under  Directive  2004/38/EC  should  prevail.  All  provisions 
regarding the beneficiaries of the right to free movement in this Directive should also 
apply where that right is derived from those third-country nationals who enjoy rights 
of  free  movement  equivalent  to  those  of  Union  citizens  under  agreements  either 
between  the  Union  and  its  Member  States  and  third  countries  or  between  the  Union 
and third countries. 

(11)  This  Directive  should  not  apply  to  categories  of  third-country  nationals  to  whom  a 
particular scheme under Union law, with specific  entry conditions and sets of rights, 
applies when the inclusion of those categories in this Directive would go against the 
rationale of the particular scheme, create unnecessary legal complexity or entail a risk 
of  abuses.  This  Directive  should  not  apply  to  third-country  nationals  who  apply  to 
reside in a Member State as researchers in order to carry out a research project, as they 
fall  within  the  scope  of  Directive  (EU)  2016/801  of  the  European  Parliament  and  of 
the  Council37  which  introduces  a  specific  procedure  for  admitting  third-country 

35 

36 

37 

Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 
12). 
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of 
the Union and their family members to move and reside freely within the territory of the Member States (OJ L 158, 
30.4.2004, p. 77). 
Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry 
and  residence  of  third-country  nationals  for  the  purposes  of  research,  studies,  training,  voluntary  service,  pupil 
exchange schemes or educational projects and au pairing (OJ L 132, 21.05.2016, p. 21). 

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23 

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nationals  for  the  purposes  of  scientific  research.  However,  once  admitted  under 
Directive  (EU) 2016/801, legally  residing  researchers should be entitled to apply for 
an  EU  Blue  Card  under  this  Directive  for  other  purposes  than  those  covered  under 
Directive (EU) 2016/801. 

(12)  This  Directive should not  affect  the possibility for an EU  Blue Card holder to  enjoy 
additional rights and benefits which may be provided by national law, and which are 
compatible with this Directive. 

(13) 

It  is  necessary  to  provide  for  a  flexible  demand-driven  admission  system  based  on 
objective criteria, such as a work contract or a binding job offer of at least 6 months, a 
salary threshold adaptable by the Member States  to the situation in its labour market 
and higher professional qualifications. 

(14)  This  Directive  is  without  prejudice  to  national  procedures  on  the  recognition  of 
diplomas. In order to evaluate if the third-country national concerned possesses higher 
education  or  equivalent  qualifications,  reference  should  be  made  either  to  ISCED 
(International  Standard Classification of Education) 2011 levels  6, 7 and 8, or to  the 
broadly  equivalent  EQF  (European  Qualifications  Framework)  levels  6,  7  and  8, 
according to the choice of the Member State concerned. 

(15) 

In  order  to  ensure  a  sufficient  level  of  harmonisation  in  the  admission  conditions 
throughout the Union, both minimum and maximum factors for calculating the salary 
threshold  should  be  determined.  Member  States  should  fix  their  threshold  in 
accordance with the situation and organisation of their respective labour markets and 
their general immigration policies.  

(16)  A  lower  salary  threshold  should  be  laid  down  for  specific  professions  where  it  is 
considered by the Member State concerned that there is a particular lack of available 
workforce  and  where  such  professions  belong  to  major  group  1  or  2  of  the  ISCO 
("International Standard Classification of Occupation") classification.  

(17)  A  lower  salary  threshold  should  also  be  laid  down  to  benefit  third-country  nationals 
during a certain period after their graduation. This period should be granted each time 
that the third-country national reaches a level of education relevant for the purposes of 
this  Directive,  namely  levels  6,  7  or  8  of  ISCED  2011,  or  levels  6,  7  or  8  of  EQF, 
according  to  the  national  law  of  the  Member  State  concerned.  It  should  apply 
whenever  the  third-country  national  applies  for  an  initial  or  renewed  EU  Blue  Card 
within three years from the date of obtaining the qualifications and in addition, when 
that  third-country  national  applies  for  a  first  renewal  of  the  EU  Blue  Card  and  the 
initial EU Blue Card was issued for a period shorter than 24 months. After these grace 
periods  –  which  may  run  in  parallel  –  have  elapsed  the  young  professionals  can  be 
reasonably expected to have gained sufficient professional experience in order to fulfil 
the regular salary threshold. 

(18)  The  conditions  of  entry  and  residence  of  third-country  nationals  for  the  purposes  of 
highly  skilled  employment,  including  the  eligibility  criteria  related  to  a  salary 
threshold  should  be  defined.  It  should  not  aim  to  determine  salaries  and  therefore 
should  not  derogate  from  the  rules  or  practices  at  Member  State  level  or  from 
collective agreements, and should not be used to constitute any harmonisation in this 
field.  This  Directive  should  fully  respect  the  competences  of  Member  States, 
particularly on employment, labour and social matters. 

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(19) 

It should not be necessary for a third-country national to hold a travel document whose 
validity covers the whole duration of the initial EU Blue Card. Third-country nationals 
should be allowed to renew their travel document while holding an EU Blue Card. 

(20)  Member  States  should  reject  applications  for  an  EU  Blue  Card  and  be  allowed  to 
withdraw  or  refuse  to  renew  an  EU  Blue  Card  if  there  is  a  threat  to  public  policy, 
public security or public health. Any rejection on grounds of public policy or public 
security  should  be  based  on  the  individual  behaviour  of  the  person  concerned,  in 
accordance with the principle of proportionality. Illness or disability suffered after the 
third-country  national  was  admitted  to  the  territory  of  the  first  Member  State  should 
not constitute the sole ground for withdrawing or refusing to renew an EU Blue Card 
or for not issuing an EU Blue Card in a second Member State.  

(21)  Member  States  should  be  allowed  to  withdraw  or  refuse  to  renew  an  EU  Blue  Card 
where  the  EU  Blue  Card  holder  has  either  failed  to  comply  with  the  conditions  for 
mobility  under  this  Directive  or  has  repetitively  exercised  the  mobility  rights  in  an 
abusive manner, for example by applying for EU Blue Cards in second Member States 
and beginning employment immediately while it is clear that the conditions will not be 
fulfilled and the application will be refused.  

(22)  Any decision to reject an application for an EU Blue Card or to withdraw or refuse to 
renew  an EU  Blue Card should take into consideration the specific circumstances of 
the  case  and  respect  the  principle  of  proportionality.  In  particular,  where  the  ground 
for rejection is related to the activity of the employer, a minor misconduct should not 
in  any  case constitute the sole  ground for  rejecting  an application or withdrawing or 
refusing to renew the permit. 

(23)  Once all the conditions for admission are fulfilled, Member States should issue an EU 
Blue  Card  within  specified  time  limits.  If  a  Member  State  issues  residence  permits 
only on its  territory  and  all the conditions  of this  Directive  relating to  admission are 
fulfilled,  the  Member  State  should  grant  the  third-country  national  concerned the 
requisite visa. It should be ensured that the competent authorities effectively cooperate 
in order to issue the visa without delay.  

(24)  The  rules  on  processing  times  for  EU  Blue  Card  applications  should  guarantee  the 
swift  issuance  of  permits  in  all  cases.  The  processing  time  for  examining  the 
application  for  an  EU  Blue  Card  should  not  include  the  time  required  for  the 
recognition  of  professional  qualifications,  where  applicable,  or  the  time  required  for 
issuing a visa, if required.  

(25)  The  format  of  the  EU  Blue  Card  should  be  in  accordance  with  Regulation  (EC) 
No 1030/200238,  thus  enabling  the  Member  States  to  refer  in  particular  to  the 
information on the conditions under which the person is permitted to work. 

(26)  The Member State concerned should ensure that applicants have the right to challenge 
before a court or tribunal any decision rejecting an application for an EU Blue Card, or 
not  renewing  or  withdrawing  an  EU  Blue  Card.  This  is  without  prejudice  to  the 
possibility to designate an administrative authority to carry out a prior administrative 
review of such decisions. 

38 

Regulation  (EC)  No 1030/2002  of  13  June  2002  laying  down  a  uniform  format  for  residence  permits  for 
third-country nationals (OJ L 157, 15.6.2002, p. 1). 

EN 

25 

   EN 

                                                 
(27)  Since  EU  Blue  Card  holders  are  highly  skilled  workers  contributing  to  addressing 
labour and skills shortages in key sectors, the principle of access to the labour market 
should  be  the  general  rule.  However,  in  circumstances  where  the  domestic  labour 
market  undergoes  serious  disturbances  such  as  a  high  level  of  unemployment  in  a 
given occupation or sector, which may be limited to particular regions or other parts of 
the  territory,  a  Member  State  should  be  able  to  take  into  account  the  situation  of  its 
labour market before issuing an EU Blue Card.  

(28) 

(29) 

In case Member States decide to make use of this possibility for a given occupation or 
sector, possibly in a particular part of their territory, they should send a notification to 
the Commission  hereof,  explaining the economic, social  and other reasons  justifying 
the  decision  to  introduce  such  labour  market  test  for  the  next  12  months  and  do  so 
again  for  every  subsequent  12  month  period.  Member  States  may  involve  social 
partners in the assessment of the circumstances related to the domestic labour market. 
This verification should not be possible when an EU Blue Card is renewed in the first 
Member State. For EU Blue Cards in a second Member State, taking into account the 
situation of the labour  market  should only  be possible if that Member  State has also 
introduced checks for first applications for third-country nationals coming from third 
countries  and  after  a  separate  justified  notification.  In  case  Member  States  decide  to 
make use of this  possibility, they should communicate this in  a clear, accessible and 
transparent way to applicants and employers, including online. 

In  implementing  this  Directive,  Member  States  should  refrain  from  pursuing  active 
recruitment  in  developing  countries  in  sectors  suffering  from  a  lack  of  personnel. 
Ethical  recruitment  policies  and  principles  applicable  to  public  and  private  sector 
employers should be developed in key sectors, for example the health sector. This is 
consistent with EU's commitment to the 2010 WHO Global Code on the International 
Recruitment  of  Health  Personnel39  in  addition  to  the  Council  and  Member  States' 
conclusions  of  14  May  2007  on  the  European  Programme  for  Action  to  tackle  the 
critical  shortage  of  health  workers  in  developing  countries  (2007-2013)  and  the 
education sector, as appropriate. These principles and policies should be strengthened 
by  the  development  and  application  of  mechanisms,  guidelines  and  other  tools  to 
facilitate, as appropriate, circular and temporary migration, as well as other measures 
that  would  minimise  negative  and  maximise  positive  impacts  of  highly  skilled 
immigration on developing countries in order to turn "brain drain" into "brain gain". 

(30)  A  simplified  procedure  for  employers  which  have  been  recognised  for  that  purpose 
should  be  provided,  optional  for  Member  States.  The  status  of  recognised  employer 
should  bring  specific  facilitation  in  terms  of  procedures  and  admission  conditions  – 
amounting to a simplified procedure – under this Directive and Member States should 
include sufficient safeguards against abuse. Where the status of recognised employer 
is  withdrawn  during  the  period  of  validity  of  an  EU  Blue  Card  issued  under  the 
simplified  procedure,  regular  admission  conditions  should  apply  upon  renewing  that 
EU  Blue  Card,  unless  the  third-country  national  concerned  is  employed  by  another 
recognised employer. 

(31) 

In  order  to  promote  innovative  entrepreneurship,  third-country  nationals  admitted 
under this Directive should be given the right to exercise in parallel a self-employed 
activity  without  it  affecting  the  right  of  residence  as  an  EU  Blue  Card  holder.  This 

39 

The WHO Global Code of Practice on the International Recruitment of Health Personnel, adopted on 21 May 2010 
by the Sixty-third World Health Assembly in resolution WHA63.16. 

EN 

26 

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right should be without prejudice to the continuous obligation to meet the conditions 
for  admission  under  this  Directive,  and  the  EU  Blue  Card  holder  should  therefore 
remain in highly skilled employed activity.  

(32)  Equal treatment as granted to EU Blue Card holders should include equal treatment in 
respect of those branches of social security listed in Article 3 of Regulation (EC) No 
883/2004  of  the  European  Parliament  and  of  the  Council40.  This  Directive  does  not 
harmonise the social security legislation of Member States. It is limited to applying the 
principle of equal treatment in the field of social security to the third-country nationals 
falling within its scope.  

(33) 

In  the  event  of  mobility  between  Member  States,  Regulation  (EU)  No  1231/2010  of 
the European Parliament and of the Council41 applies. This Directive should not confer 
more  rights  to  the  mobile  EU  Blue  Card  holder  than  those  already  provided  for  in 
existing Union law in the field of social security for third-country nationals who have 
cross-border interests between Member States. 

(34)  Professional  qualifications  acquired  by  a  third-country  national  in  another  Member 
State should be recognised in the same way as those of Union citizens. Qualifications 
acquired in a third country should be taken into account in accordance with Directive 
2005/36/EC  of the European Parliament  and of the Council42. Where a third-country 
national  is  applying  for  an  EU  Blue  Card  to  practice  an  unregulated  profession, 
Member  States  should  avoid  excessive  formal  requirements  and  full  recognition 
procedures  regarding  qualifications,  wherever  sufficient  evidence  can  be  otherwise 
obtained. 

(35)  The  rights  acquired  by  a  beneficiary  of  international  protection  as  an  EU  Blue  Card 
holder  should  be  without  prejudice  to  rights  enjoyed  by  the  person  concerned  under 
Directive 2011/95/EU and under the Geneva Convention in the Member State which 
granted  the  protection  status.  In  that  Member  State,  in  order  to  avoid  situations  of 
conflicting  rules,  the  provisions  on  equal  treatment  and  family  reunification  of  this 
Directive should not apply. Persons who are beneficiaries of international protection in 
one Member State and EU Blue Card holders in another should enjoy the same rights 
including equality of treatment with nationals of the Member State of residence as any 
other EU Blue Card holders in the latter Member State.  

(36)  Favourable  conditions  for  family  reunification  and  unhindered  access  to  work  for 
spouses  should  be  a  fundamental  element  of  this  Directive  in  order  to  facilitate  the 
attraction  of  highly  skilled  workers.  Specific  derogations  from  Council  Directive 
2003/86/EC  should  be  provided  for  in  order  to  reach  this  aim.  Conditions  related  to 
integration  or  waiting  periods  should  not  be  applied  before  allowing  family 
reunification, as highly skilled workers and their families are likely to have favourable 
starting point regarding integration in the host community. With the aim of facilitating 
the  swift  entry  of  highly  skilled  workers,  residence  permits  to  their  family  members 

40 

41 

42 

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination 
of social security systems (OJ L 166, 30.4.2004, p. 1). 
Regulation (EU) No 1231/2010 of the European Parliament and  of the Council of 24 November  2010 extending 
Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already 
covered by these Regulations solely on the ground of their nationality (OJ L 344, 29.12.2010, p. 1). 
Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of 
professional qualifications (OJ L 255, 30.9.2005, p. 22). 

EN 

27 

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should be issued at the same time as the EU Blue Card, where the relevant conditions 
are fulfilled and the applications were lodged simultaneously.  

(37) 

(38) 

In  order  to  attract  highly  skilled  workers  and  encourage  their  continuous  stay  in  the 
Union,  while  enabling  mobility  within  the  Union  as  well  as  circular  migration, 
derogations from Council Directive 2003/109/EC43 should be provided for in order to 
give EU Blue Card holders an easier access to EU long-term resident status.  

In order to foster the mobility of highly skilled workers between the Union and their 
countries of origin, derogations from Directive 2003/109/EC should be provided for in 
order to allow longer periods of absence than those provided for in that Directive after 
highly skilled third-country workers have acquired the EU long-term resident status  

(39)  The  occupational  and  geographical  mobility  of  third-country  highly  skilled  workers 
should  be  recognised  as  an  important  contributor  to  improving  labour  market 
efficiency  across  the  Union,  addressing  skills  shortages  and  offsetting  regional 
imbalances. Mobility within the Union should be facilitated. 

(40)  Existing legal uncertainty surrounding business trips of highly skilled workers should 
be  addressed  by  defining  this  notion  and  setting  a  list  of  activities  that  in  any  case 
should  be  considered  as  business  activities  in  all  Member  States.  Second  Member 
States  should  not  be  allowed  to  require  from  EU  Blue  Card  holders  engaging  in 
business  activities  a  work  permit  or  any  other  authorisation  than  the  EU  Blue  Card 
issued  by  the  first  Member  State.  Where  the  EU  Blue  Card  is  issued  by  a  Member 
State  not  applying  the  Schengen  acquis  in  full,  its  holder  should  be  entitled  to  enter 
and stay in one or several second Member States for the purpose of business activity 
for up to 90 days in any 180-day period based on the EU Blue Card. 

(41)  EU  Blue  Card  holders  should  be  allowed  to  move  to  a  second  Member  State  under 
simplified conditions where they intend to apply for a new EU Blue Card based on an 
existing  work  contract  or  binding  job  offer.  Second  Member  States  should  not  be 
allowed  to  require  from  EU  Blue  Card  holders  any  other  authorisation  than  the  EU 
Blue Card issued by the first Member State. As soon as they submit an application for 
an  EU  Blue  Card  within  the  deadline  provided  for  in  this  Directive,  they  should  be 
allowed to begin employment. In the second Member State the procedure for issuing 
an  EU  Blue  Card  should  be  simplified  compared  to  the  first  EU  Blue  Card;  as  the 
mobile  EU  Blue  Card  holder  has  already  exercised  highly  skilled  activity  in  one 
Member State for a certain period of time, the second Member State should not have 
the need to  control  all the same details  for a second time. However, mobility should 
remain demand-driven and therefore a work contract should always be required in the 
second  Member  State,  and  the  salary  should  meet  the  threshold  set  by  the  second 
Member State in accordance with this Directive. 

(42)  While some special rules are provided in this Directive regarding entry and stay in a 
second  Member  State  for  the  purpose  of  business  activity,  as  well  as  moving  to  a 
second  Member  State  to  apply  for  a  new  EU  Blue  Card  in  its  territory,  all  the  other 
rules governing the movement of persons across borders as laid down in the relevant 
provisions of the Schengen acquis apply. 

43 

Council Directive 2003/109/EC of 25 November 2003 on the status of third-country nationals who are long-term 
residents (OJ L 16, 23.1.2004, p. 44). 

EN 

28 

   EN 

                                                 
(43)  Where  the  EU  Blue  Card  is  issued  by  a  Member  State  not  applying  the  Schengen 
acquis in full and the EU Blue Card holder, in the mobility situations provided for in 
this  Directive,  crosses  an  external  border  within  the  meaning  of  Regulation  (EU) 
2016/399 of the European Parliament and of the Council44, a Member State should be 
entitled to require evidence that the EU Blue Card holder is entering its territory either 
for  the  purpose  of  business  activities  or  in  order  to  apply  for  a  new  EU  Blue  Card 
based on a work contract or binding job offer. In the case of mobility for carrying out 
business  activities,  that  Member  State  should  be  able  to  require  evidence  of  the 
business  purpose  of  the  stay,  such  as  invitations,  entry  tickets,  or  documents 
describing the business activities of the company and the position of the EU Blue Card 
holder in the company. 

(44)  Where the EU Blue Card holder moves to a second Member State to apply for an EU 
Blue  Card  and  he  or  she  is  accompanied  by  family  members,  that  Member  State 
should be able to require evidence of their lawful residence in the first Member State. 
Besides,  in  case  of  crossing  of  an  external  border  within  the  meaning  of  Regulation 
(EU)  2016/399,  the  Members  States  applying  the  Schengen  acquis  in  full  should 
consult  the  Schengen  information  system  and  should  refuse  entry  or  object  to  the 
mobility  of  persons  for  whom  an  alert  for  the  purposes  of  refusing  entry  or  stay,  as 
referred to  in  Regulation (EC) No 1987/2006  of  the European Parliament and of the 
Council45, has been issued in that system. 

(45)  For  the  purpose  of  residence  of  beneficiaries  of  international  protection  across 
Member States, it is necessary to ensure that Member States other than the one which 
issued  international  protection  are  informed  of  the  protection  background  of  the 
persons concerned in order to enable Member States to comply with their obligations 
regarding the principle of non-refoulement. 

(46)  Where a Member State intends to expel a person who has acquired an EU Blue Card in 
that  Member  State  and  who  is  a  beneficiary  of  international  protection  in  another 
Member  State,  that  person  should  enjoy  the  protection  against  expulsion  guaranteed 
under  Directive  2011/95/EU  and  under  Article  33  of  the  Convention  Relating  to  the 
Status of Refugees of 28 July 1951, as amended by the Protocol signed in New York 
on 31 January 1967 (the Geneva Convention).  

(47)  Where the expulsion of a beneficiary of international protection outside the territory of 
the Member States is permitted under Directive 2011/95/EU, Member States should be 
obliged  to  ensure  that  all  information  is  obtained  from  relevant  sources,  including, 
where  appropriate,  from  the  Member  State  that  granted  international  protection,  and 
that  it  is  thoroughly  assessed  with  a  view  to  guaranteeing  that  the  decision  to  expel 
that beneficiary is in accordance with Article 4 of the Charter of Fundamental Rights 
of the European Union. 

(48)  Specific reporting provisions should be provided for to monitor the implementation of 
this  Directive,  with  a  view  to  identifying  and  possibly  counteracting  its  possible 
impacts  in  terms  of  brain  drain  in  developing  countries  and  in  order  to  avoid  brain 
waste.  

44 

45 

Regulation (EU) 2016/399 of the European Parliament and of the Council  of 9 March 2016 on a Union Code on 
the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23 03 2016, p. 1).  
Regulation  (EC)  No 1987/2006  of  the  European  Parliament  and  of  the  Council  of  20 December 2006  on  the 
establishment,  operation  and  use  of  the  second  generation  Schengen  Information  System  (SIS II)  (OJ  L  381, 
28.12.2006, p. 4). 

EN 

29 

   EN 

                                                 
(49)  Since the objectives of this Directive, namely the establishment of a special admission 
procedure  and  the  adoption  of  conditions  of  entry  and  residence,  and  the  rights, 
applicable to third-country nationals for the purpose of highly skilled employment and 
their  family  members,  cannot  be  sufficiently  achieved  by  the  Member  States, 
especially – to better exploit the EU’s overall attractiveness – as regards ensuring their 
mobility  between  Member  States  and  offering  a  clear  and  single  set  of  admission 
criteria across the Member States, and can therefore be better achieved at Union level, 
the Union may adopt measures, in accordance with the principle of subsidiarity as set 
out  in  Article  5  of  the  Treaty  on  European  Union  (TEU).  In  accordance  with  the 
principle  of  proportionality,  as  set  out  in  that  Article,  this  Directive  does  not  go 
beyond what is necessary in order to achieve those objectives. 

(50)  This Directive respects the fundamental rights and observes the principles recognised 
by  the  Charter  of  Fundamental  Rights  of  the  European  Union,  in  accordance  with 
Article 6 of the Treaty on European Union (TEU). 

(51) 

(52) 

In accordance with  the Joint Political  Declaration of 28 September 2011 of Member 
States  and  the  Commission  on  explanatory  documents46,  Member  States  have 
undertaken  to  accompany,  in  justified  cases,  the  notification  of  their  transposition 
measures  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislator considers the transmission of 
such documents to be justified. 

In accordance with Articles 1 and 2 and Article 4a(1) of Protocol 21 on the position of 
the  United  Kingdom  and  Ireland  in  respect  of  the  Area  of  Freedom,  Security  and 
Justice,  annexed  to  TEU  and  TFEU,  and  without  prejudice  to  Article  4  of  the  that 
Protocol, those Member States are not taking part in the adoption of this Directive and 
are not bound by or subject to its application. 

(53) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  22  on  the  position  of  Denmark 
annexed  to  TEU  and  TFEU,  Denmark  is  not  taking  part  in  the  adoption  of  this 
Directive, and is not bound by it or subject to its application. 

(54)  Directive 2009/50/EC should therefore be repealed, 

HAVE ADOPTED THIS DIRECTIVE: 

Chapter I 

GENERAL PROVISIONS 

Article 1 

Subject matter 

This Directive lays down: 

46 

OJ C 369, 17.12.2011, p. 14. 

EN 

30 

   EN 

 
                                                 
(a) 

(b) 

the conditions of entry and residence for more than three months in the territory of 
the  Member  States,  and  the  rights,  of  third-country  nationals  for  the  purpose  of 
highly skilled employment, and of their family members; 

the conditions of entry and residence, and the rights, of third-country nationals and of 
their  family  members,  referred  to  in  point  (a),  in  Member  States  other  than  the 
Member State which first granted an EU Blue Card. 

Article 2 

Definitions 

For the purposes of this Directive: 

(a) 

"third-country national" means any person who is not a citizen of the Union within 
the meaning of Article 20(1) of the Treaty; 

(b) 

"highly skilled employment" means the employment of a person who: 

– 

– 

– 

in  the  Member  State  concerned,  is  protected  as  an  employee  under  national 
employment  law  or  in  accordance  with  national  practice,  irrespective  of  the 
legal relationship, for the purpose of exercising genuine and effective work for, 
or under the direction of, someone else;  

is paid; and  

has the required competence, as proven by higher professional qualifications. 

"EU  Blue  Card"  means  the  residence  permit  bearing  the  term  "EU  Blue  Card" 
entitling  its  holder  to  reside  and  work  in  the territory  of  a  Member  State  under  the 
terms of this Directive; 

"first  Member  State"  means  the  Member  State  which  first  grants  a  third-country 
national an "EU Blue Card"; 

"second Member State" means any Member State in which the EU Blue Card holder 
intends  to  exercise  or  exercises  the  right  of  mobility  within  the  meaning  of  this 
Directive,  other than the first Member State; 

"family  members"  means  third-country  nationals  as  defined  in  Article  4(1)  of 
Directive 2003/86/EC; 

"higher  professional  qualifications"  means  qualifications  attested  by  evidence  of 
higher education qualifications or higher professional skills; 

"higher education qualifications" means any diploma, certificate or other evidence of 
formal  qualifications  issued  by  a  competent  authority  attesting  the  successful 
completion  of  a  post-secondary  higher  education  or  equivalent  tertiary  education 
programme,  namely  a  set  of  courses  provided  by  an  educational  establishment 
recognised  as  a  higher  education  institution  or  equivalent  tertiary  educational 
institution  by  the  State  in  which  it  is  situated,  where  the  studies  needed  to  acquire 
those qualifications lasted at least three years and correspond at least to ISCED 2011 
level 6 or to EQF level 6, according to national law; 

“higher  professional  skills”  means  skills  attested  by  at  least  three  years  of 
professional experience of a level comparable to higher education qualifications and 
which is relevant in the profession or sector specified in the work contract or binding 
job offer; 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

EN 

31 

   EN 

(j) 

(k) 

(l) 

"professional  experience"  means  the  actual  and  lawful  pursuit  of  the  profession 
concerned;  

"regulated profession" means a regulated profession as defined in Article 3(1) (a) of 
Directive 2005/36/EC; 

"business activity" means a temporary  activity related to the business interests of the 
employer,  such  as  attending  internal  and  external  business  meetings,  attending 
conferences and seminars, negotiating business deals, undertaking sales or marketing 
activities,  performing  internal  or  client  audits,  exploring  business  opportunities,  or 
attending and receiving training; 

(m) 

“international  protection”  has  the  meaning  as  defined  in  Article  2(a)  of  Directive 
2011/95/EU of the European Parliament and of the Council. 

Article 3 

Scope 

1. 

This Directive shall apply to third-country nationals who apply to be admitted or who 
have  been  admitted  to  the  territory  of  a  Member  State  for  the  purpose  of  highly 
skilled employment. 

2. 

This Directive shall not apply to third-country nationals: 

(a)  who seek international protection and are awaiting a decision on their status or 
who are beneficiaries of temporary protection in accordance with the Council 
Directive 2001/55/EC47 in a Member State; 

(b)  who seek protection in accordance with national law, international obligations 
or practice of the Member State and are awaiting a decision on their status, or 
who  are  beneficiaries  of  protection  in  accordance  with  national  law, 
international obligations or practice of the Member State; 

(c)  who  apply  to  reside  in  a  Member  State  as  researchers  within  the  meaning  of 

Directive (EU) 2016/801 in order to carry out a research project; 

(d)  who enjoy EU long-term resident status in a Member State in accordance with 
Directive  2003/109/EC  and  exercise  their  right  to  reside  in  another  Member 
State  in  order  to  carry  out  an  economic  activity  in  an  employed  or  self-
employed capacity; 

(e)  who  enter  a  Member  State  under  commitments  contained  in  an  international 
agreement  facilitating  the  entry  and  temporary  stay  of  certain  categories  of 
trade  and  investment-related  natural  persons,  with  the  exception  of  third-
country nationals who have been admitted to the territory of a Member State as 
intra-corporate  transferees  pursuant  to  Directive  2014/66/EU  of  the  European 
Parliament and of the Council48;    

47 

48 

Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event 
of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in 
receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12). 
Directive 2014/66/EU of the European Parliament and of the Council  of 15 May 2014 on the conditions of  entry 
and residence of third-country nationals in the framework of an intra-corporate transfer (OJ L 157, 27.5.2014, p. 1). 

EN 

32 

   EN 

                                                 
(f)  who have been admitted to the territory of a Member State as seasonal workers 
pursuant  to  Directive  2014/36/EU  of  the  European  Parliament  and  of  the 
Council49; 

(g)  whose expulsion has been suspended for reasons of fact or law; 

(h)  who are covered by Directive 96/71/EC of the European Parliament and of the 
Council50  as  long  as  they  are  posted  on  the  territory  of  the  Member State 
concerned;  

(i)  who  under  agreements  between  the  Union  and  its  Member  States  and  third 

countries enjoy rights of free movement equivalent to those of Union citizens. 

This Directive shall be without prejudice to any agreement between the Union and its 
Member States or between the Member States and one or more third countries, that 
lists the professions which do not fall under this Directive in order to assure ethical 
recruitment,  in  sectors  suffering  from  a  lack  of  personnel,  by  protecting  human 
resources in the developing countries which are signatories to these agreements. 

Member  States  shall  not  issue  any  other  permit  than  an  EU  Blue  Card  to  third-
country nationals for the purpose of highly skilled employment.  

3. 

4. 

Article 4 

More favourable provisions 

1. 

This Directive shall be without prejudice to more favourable provisions of: 

(a)  Union  law,  including  bilateral  or  multilateral  agreements  concluded  between 
the Union or the Union and its Member States on the one hand and one or more 
third countries on the other; 

(b)  bilateral  or  multilateral  agreements  already  concluded  between  one  or  more 
Member States  and  one  or  more  third  countries  before  the  date  of  entry  into 
force of this Directive. 

2. 

This  Directive  shall  not  affect  the  right  of  Member  States  to  adopt  or  retain  more 
favourable provisions in respect of Articles 10, 14, 15, 16 and 17(5). 

49 

50 

Directive  2014/36/EU  of  the  European  Parliament  and  of  the  Council  of  26 February  2014  on  the  conditions  of 
entry and stay of third-country nationals for the purpose of employment as seasonal workers (OJ L 94, 28.3.2014, 
p. 375). 
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of 
workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 

EN 

33 

   EN 

                                                 
Chapter II 

CRITERIA FOR ADMISSION, REFUSAL AND WITHDRAWAL  

Article 5 

Criteria for admission 

1. 

A third-country national who applies for an EU Blue Card shall: 

(a)  present a valid work contract or, as provided for in national law, a binding job 
offer for highly skilled employment, of at least six months in the Member State 
concerned; 

(b) 

for  regulated  professions,  present  a  document  attesting  fulfilment  of  the 
conditions set out under national law for the exercise by Union citizens of the 
regulated  profession  specified  in  the  work  contract  or  binding  job  offer  as 
provided for in national law; 

(c) 

for  unregulated  professions,  present  evidence  attesting  higher  professional 
qualifications; 

(d)  present  a  valid  travel  document,  as  determined  by  national  law,  and,  if 
required, an application for a visa or a valid visa or, where applicable, a valid 
residence permit or a valid long-stay visa;  

(e)  present evidence of having or, if provided for by national law, having applied 
for a sickness insurance for all the risks normally covered for nationals of the 
Member State  concerned  for  periods  where  no  such  insurance  coverage  and 
corresponding  entitlement  to  benefits  are  provided  in  connection  with,  or 
resulting from, the work contract. 

In  addition  to  the  conditions  laid  down  in  paragraph  1,  the  gross  annual  salary 
resulting from the monthly or annual salary specified in the work contract or binding 
job  offer  shall  not  be  inferior  to  the  salary  threshold  set  and  published  for  that 
purpose by the Member States. The salary threshold set by the Member States shall 
be at least 1.0 times but not higher than 1.4 times the average gross annual salary in 
the Member State concerned. 

Member  States  shall  require  that  all  conditions  in  the  applicable  laws,  collective 
agreements  or  practices  in  the  relevant  occupational  branches  for  highly  skilled 
employment are met. 

By way of derogation from  paragraph 2, and  for employment  in  professions which 
are  in  particular  need  of  third-country  national  workers  and  which  belong  to  major 
groups  1  and  2  of  ISCO,  the  salary  threshold  shall  be  80  percent  of  the  salary 
threshold set by the Member State concerned in accordance with paragraph 2. 

By way of derogation from paragraph 2, as regards third-country nationals who have 
obtained a higher education qualification not more than three years before submitting 
the application for an EU Blue Card, the salary threshold shall be 80 percent of the 
salary threshold set by the Member State concerned in accordance with paragraph 2. 
The  period  of  three  years  shall  reapply  after  the  attainment  of  each  level  of  higher 
education qualifications.  

2. 

3. 

4. 

5. 

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6. 

7. 

8. 

1. 

2. 

The salary threshold referred to in the first subparagraph of this paragraph shall apply 
whenever an application for  a first  EU  Blue Card or a renewal  is  submitted during 
that period of three years. Where the EU Blue Card issued during the period of three 
years is renewed after the three years period has elapsed, the salary threshold referred 
to in paragraph 2 shall apply. However, where the first EU Blue Card issued during 
the  period  of  three  years  was  issued  for  less  than  24  months,  the  lower  salary 
threshold referred to in the first subparagraph of this paragraph shall apply upon the 
first renewal. 

Member States shall facilitate the validation and recognition of documents attesting 
the  relevant  higher  professional  qualifications  pursuant  to  point  (c)  of  paragraph  1.

Member States shall reject applications of third-country nationals who are considered 
to pose a threat to public policy, public security or public health. 

Member  States  may  require  the  third-country  national  concerned  to  provide  his  or 
her address in their territory. 

Where the national law of a Member State requires an address to be provided at the 
time of application and the third-country national concerned does not yet know his or 
her future address, Member States shall accept a temporary address. In such a case, 
the  third-country  national  shall  provide  his  or  her  permanent  address  at  the  latest 
when the EU Blue Card pursuant to Article 8 is issued. 

Article 6 

Grounds for refusal 

Member  States  shall  reject  an  application  for  an  EU  Blue  Card  in  any  of  the 
following cases: 

(a)  where the applicant does not meet the conditions set out in Article 5;  

(b)  where the documents presented have been fraudulently acquired, or falsified or 

tampered with. 

In circumstances where their labour market situation undergoes serious disturbances 
such as a high level of unemployment in a given occupation or sector, which may be 
limited to a particular part of their territory, Member States may check whether the 
concerned  vacancy  could  not  be  filled  by  national  or  Union  workforce,  by  third-
country nationals lawfully resident in that Member State and already forming part of 
its labour market  by virtue of Union or national  law, or by EU long-term residents 
wishing to move to that Member State for highly skilled employment in accordance 
with Chapter III of Directive 2003/109/EC. 

The  Member  State  concerned  shall  notify  the  Commission  of  its  intention  to 
introduce  such  check  in  a  given  occupation  or  sector,  which  may  be  limited  to  a 
particular  part  of  their  territory,  for  third-country  nationals  coming  from  third 
countries for the next 12 months, and shall supply the Commission with all relevant 
reasons justifying this decision. For each extension of 12 months the Member State 
concerned shall send a new justified notification. 

3. 

Member States may reject an application for an EU Blue Card where: 

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(a) 

(b) 

(c) 

the employer has failed to meet its legal obligations regarding social security, 
taxation, labour rights or working conditions; 

the  employer's  business  is  being  or  has  been  wound  up  under  national 
insolvency laws or no economic activity is taking place; or 

the  employer  has  been  sanctioned  for  employment  of  illegally  staying  third-
country nationals in accordance with  Article 9 of Directive 2009/52/EC of the 
European  Parliament  and  of  the  Council51,  or  for  undeclared  work  or  illegal 
employment according to national law. 

4. 

5. 

Member  States  may  reject  an  application  for  an  EU  Blue  Card  in  order  to  ensure 
ethical  recruitment  in  sectors  suffering  from  a  lack  of  qualified  workers  in  the 
countries of origin. 

Without  prejudice  to  paragraph  1,  any  decision  to  reject  an  application  shall  take 
account  of  the  specific  circumstances  of  the  case  and  respect  the  principle  of 
proportionality. 

Article 7 

Withdrawal or non-renewal of the EU Blue Card 

1. 

Member States shall withdraw or refuse to renew an EU Blue Card where: 

(a) 

(b) 

the EU Blue Card or the documents presented have been fraudulently acquired, 
or have been falsified or tampered with; 

the  third-country  national  no  longer  holds  a  valid  work  contract  for  highly 
skilled  employment  or  the  qualifications  required  by  points  (b)  and  (c)  of 
Article 5(1) or his or her salary no longer meets the salary threshold as set in 
accordance  with  Article  5(2),  (4)  or  (5),  as  applicable,  without  prejudice  to 
Article 14. 

2. 

Member States  may  withdraw  or  refuse  to  renew  an  EU  Blue  Card  issued  on  the 
basis of this Directive in any of the following cases: 

(a) 

for reasons of public policy, public security or public health; 

(b)  where appropriate, where the employer has failed to meet its legal obligations 

regarding social security, taxation, labour rights or working conditions; 

(c)  where the conditions in the applicable laws, collective agreements or practices 
in  the  relevant  occupational  branches  for  highly  skilled  employment  are  no 
longer met; 

(d)  where the third-country national has not communicated the changes referred to 

in Article 13(1), where applicable, and in Article 14(3); 

(e)  where the third-country national no longer holds a valid travel document;  

51 

Directive  2009/52/EC  of  the  European  Parliament  and  of  the  Council  of  18 June  2009  providing  for  minimum 
standards  on  sanctions  and  measures  against  employers  of  illegally  staying  third-country  nationals  (OJ  L  168, 
30.6.2009, p. 24). 

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(f)  where the third-country national fails to comply with the conditions of mobility 
under this Chapter or repetitively makes use of the mobility provisions of this 
Chapter in an abusive manner. 

Where  an  EU  Blue  Card  is  withdrawn  or  not  renewed  on  the  basis  of  point  (e)  of 
paragraph 2, Member States shall, prior to withdrawing or not renewing the EU Blue 
Card, set a reasonable deadline for the third-country national concerned to obtain and 
present a valid travel document. 

The lack of communication pursuant to Article 13(1) or 14(3) shall not be considered 
to  be  a  sufficient  reason  for  withdrawing  or  not  renewing  the  EU  Blue  Card  if  the 
holder proves  that the communication did  not reach the competent  authorities for a 
reason independent of the holder's will. 

Without prejudice to paragraph 1, any decision to withdraw or refuse to renew an EU 
Blue Card shall take account of the specific circumstances of the case and respect the 
principle of proportionality. 

Chapter III 

EU BLUE CARD AND PROCEDURE  

Article 8 

EU Blue Card 

Where a third-country national  fulfils  the criteria set  out  in  Article 5 and where no 
ground for rejection pursuant to Article 6 applies, he or she shall be issued with an 
EU Blue Card. 

Where  a  Member  State  only  issues  residence  permits  on  its  territory  and  the  third-
country national fulfils all the admission conditions laid down in this Directive, the 
Member State concerned shall issue him or her the requisite visa. 

Member States shall  set  a standard period of validity for the EU Blue Card, which 
shall be at least 24 months. If the work contract covers a shorter period, the EU Blue 
Card shall be issued at least for the duration of the work contract plus three months. 
Where an EU Blue Card is renewed, its period of validity shall be at least 24 months. 

The EU Blue Card shall be issued by the competent authorities of the Member State 
using  the  uniform  format  as  laid  down  in  Regulation  (EC)  No  1030/2002.  In 
accordance with point (a) 7.5-9 of the Annex to that Regulation, Member States shall 
indicate on the EU Blue Card the conditions for access to the labour market as set out 
in  Article  13(1)  of  this  Directive.  Member  States  shall  enter  the  words  "EU  Blue 
Card" under the heading "type of permit" in the residence permit. 

Where a Member State issues an EU Blue Card to a third-country national to whom 
it  has  granted  international  protection,  it  shall  enter  the  following  remark  in  that 
third-country national's EU Blue Card, under the heading “Remarks”: “International 
protection  granted  by  [name  of  the  Member  State]  on  [date]”.  Where  that  Member 
State withdraws the international protection enjoyed by the EU Blue Card holder, it 
shall, where appropriate, issue a new EU Blue Card not containing that remark. 

3. 

4. 

1. 

2. 

3. 

4. 

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5. 

Where an EU Blue Card is issued by a Member State to a third-country national who 
is  a  beneficiary  of  international  protection  in  another  Member  State,  the  Member 
State  issuing  the  EU  Blue  Card  shall  enter  the  remark  “International  protection 
granted by [name of the Member State] on [date]” in the EU Blue Card.  

Before the Member State enters that remark, it shall notify the Member State to be 
mentioned  in  that  remark  of  the  issuance  of  the  EU  Blue  Card  and  request  that 
Member State to provide information as to whether the EU Blue Card holder is still a 
beneficiary  of  international  protection.  The  Member  State  mentioned  in  the  remark 
shall reply no later than one month after receiving the request for information. Where 
international  protection  has  been  withdrawn  by  a  final  decision,  the  Member  State 
issuing the EU Blue Card shall not enter that remark. 

Where,  in  accordance  with  the  relevant  international  instruments  or  national  law, 
responsibility  for  the  international  protection  of  the  EU  Blue  Card  holder  was 
transferred to the Member State after it issued an EU Blue Card in accordance with 
the first subparagraph, that Member State shall amend the remark accordingly within 
three months after the transfer. 

6. 

During the period of its validity, the EU Blue Card shall entitle its holder to: 

(a) 

enter,  re-enter  and  stay  in  the  territory  of  the  Member  State  issuing  the  EU 
Blue Card;  

(b) 

enjoy the rights recognised in this Directive. 

1. 

2. 

1. 

Article 9 

Applications for admission 

Member States shall determine whether applications for an EU Blue Card are to be 
made  by  the  third-country  national  or  by  the  employer.  Member  States  may  also 
allow an application from either of the two. 

The  application  shall  be  considered  and  examined  either  when  the  third-country 
national concerned is residing outside the territory of the Member State to which he 
or  she  wishes  to  be  admitted,  or  when  he  or  she  is  already  legally  present  in  the 
territory of that Member State. 

Article 10 

Procedural safeguards 

The  competent  authorities  of  the  Member  States  shall  adopt  a  decision  on  the 
application  for  an  EU  Blue  Card  and  notify  the  applicant  in  writing,  in  accordance 
with the notification procedures laid down in the national law of the Member State 
concerned. The notification shall be made at the latest within 60 days of the date of 
submission of the application.  

Where  the  employer  has  been  recognised  in  accordance  with  Article  12,  the 
notification shall be made at the latest within 30 days of the date of submission of the 
application. 

2. 

Under  exceptional  and  duly  justified  circumstances  linked  to  the  complexity  of  the 
application, Member States may extend the maximum period referred to in paragraph 

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3. 

4. 

5. 

6. 

1 by 30 days. They shall inform the applicant of the extension before that maximum 
period has expired. 

Where  the  information  or  documents  supplied  in  support  of  the  application  are 
inadequate or incomplete, the competent authorities shall notify the applicant of the 
additional information that is required and set a reasonable deadline for providing it. 
The  period  referred  to  in  paragraph 1  shall  be  suspended  until  the  authorities  have 
received  the  additional  information  or  documents  required.  If  the  additional 
information  or  documents  have  not  been  provided  within  the  deadline,  the 
application may be rejected. 

Any  decision  rejecting  an  application  for  an  EU  Blue  Card,  or  a  decision  not  to 
renew  or  to  withdraw  an  EU  Blue  Card  shall  be  notified  in  writing  to  the 
third-country national concerned and, where relevant, to his employer in accordance 
with the notification procedures set out in the relevant national law. The notification 
shall specify the reasons for the decision and the competent authority with which an 
appeal may be submitted as well as the time limit for submitting the appeal. Member 
States shall provide an effective judicial remedy, in accordance with national law. 

An applicant shall be allowed to submit an application for renewal before the expiry 
of the EU Blue Card. Member States may set a maximum deadline of 60 days prior 
to the expiry of the EU Blue Card for submitting an application for renewal. 

Where  the  validity  of  the  EU  Blue  Card  permit  expires  during  the  procedure  for 
renewal,  Member  States  shall  allow  the  third-country  national  to  stay  on  their 
territory until the competent authorities have taken a decision on the application. 

Article 11 

Fees 

The level of  fees required by  Member States  for  the processing of applications shall not  be 
disproportionate or excessive. 

Article 12 

Recognised employers 

1. 

Member  States  may  decide  to  provide  for  recognition  procedures  for  employers  in 
accordance  with  their  national  law  or  administrative  practice  for  the  purpose  of 
applying simplified procedures for obtaining an EU Blue Card. 

Where a Member State decides to provide for recognition procedures, it shall provide 
clear  and  transparent  information  to  the  employers  concerned  about,  among  others, 
the conditions and criteria for approval, the period of validity of the recognition and 
the  consequences  of  non-compliance  with  the  conditions,  including  possible 
withdrawal and non-renewal, as well as any sanction applicable. 

The  recognition  procedures  shall  not  entail  disproportionate  or  excessive 
administrative burden or costs for the employers. 

2. 

Member States may refuse to recognise an employer pursuant to paragraph 1, where 
the employer has been sanctioned for employment of illegally staying third-country 
nationals pursuant to Directive 2009/52/EC. 

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The simplified procedures shall include processing of applications as provided for in 
the  second  subparagraph  of  Article  10(1).  Applicants  shall  be  exempt  from 
presenting the evidence referred to in points (c) and (e) of Article 5(1) and in Article 
5(8). 

3. 

Member  States  shall  provide  for  measures  to  prevent  possible  abuses.  Those 
measures  may  include  monitoring,  assessment  at  regular  intervals  and,  where 
appropriate, inspection in accordance with national law or administrative practice. 

Member States may, among other measures, refuse to renew or decide to withdraw 
the  status  of  recognised  employer  where  the  employer  has  not  respected  its 
obligations  under  this  Directive  or  in  cases  where  the  recognition  has  been 
fraudulently acquired.  

Chapter IV 

RIGHTS 

Article 13  

Labour market access 

1. 

2. 

3. 

4. 

1. 

2. 

EU  Blue  Card  holders  shall  have  full  access  to  highly  skilled  employment  in  the 
Member State concerned. Member States may require that a change of employer and 
changes  affecting the  fulfilment of the criteria for admission as set  out  in Article 5 
are communicated in accordance with procedures laid down by national law.  

The  communication  procedure  shall  not  suspend  the  right  of  the  EU  Blue  Card 
holder to pursue the employment. 

Without  prejudice  to  the  criteria  for  admission  set  out  in  Article  5,  EU  Blue  Card 
holders  may  engage  in  self-employed  activity  in  parallel  to  the  activity  in  highly 
skilled employment. 

By  way  of  derogation  from  paragraph  1,  Member  States  may  retain  restrictions  on 
access  to  employment,  where  the  employment  activities  entail  involvement  in  the 
exercise  of  public  authority  and  the  responsibility  for  safeguarding  the  general 
interest of the State.  

This  Article  shall  apply  without  prejudice  to  the  principle  of  preference  for  Union 
citizens where applicable under the provisions of the relevant Acts of Accession. 

Article 14 

Temporary unemployment  

Unemployment  in  itself  shall  not  constitute  a  reason  for  withdrawing  an  EU  Blue 
Card,  unless  the  period  of  unemployment  exceeds  three  consecutive  months,  or 
where the unemployment occurs more than once during the period of validity of an 
EU Blue Card. 

During  the  period  referred  to  in  paragraph  1,  the  EU  Blue  Card  holder  shall  be 
allowed to seek and take up employment in accordance with the conditions set out in 
Article 13. 

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3. 

The EU Blue Card holder shall communicate the beginning and, where appropriate, 
the end of the period of unemployment to the competent authorities of the Member 
State of residence, in accordance with the relevant national procedures. 

Article 15 

Equal treatment  

1. 

EU Blue Card holders shall enjoy equal treatment with nationals of the Member State 
issuing the EU Blue Card, as regards: 

(a) 

(b) 

(c) 

(d) 

terms  of  employment,  including  the  minimum  working  age,  and  working 
conditions, including pay and dismissal, working hours, leave and holidays, as 
well as health and safety requirements at the workplace; 

freedom  of  association  and  affiliation  and  membership  of  an  organisation 
representing workers or employers or of any organisation whose members are 
engaged in a specific occupation, including the rights and benefits conferred by 
such  organisations,  without  prejudice  to  the  national  provisions  on  public 
policy and public security; 

education and vocational training; 

recognition  of  diplomas,  certificates  and  other  professional  qualifications  in 
accordance with the relevant national procedures; 

(e)  branches  of  social  security,  as  defined  in  Article  3  of  Regulation  (EC)  No 

883/2004;  

(f) 

access  to  goods  and  services  and  the  supply  of  goods  and  services  made 
available to the public, including procedures for obtaining housing, as well as 
information and counselling services afforded by employment offices. 

With  respect  to  point  (c)  of  paragraph  1  the  Member  State  concerned  may  restrict 
equal  treatment  as  regards  study  and  maintenance  grants  and  loans  or  other  grants 
and loans regarding secondary and higher education and vocational training. Access 
to university and post-secondary education may be subject to specific prerequisites in 
accordance with national law.  

With  respect  to  point  (f)  of  paragraph  1  the  Member  State  concerned  may  restrict 
equal  treatment  as  regards  procedures  for  obtaining  housing.  This  shall  be  without 
prejudice to the freedom of contract in accordance with Union and national law. 

EU Blue Card holders moving to a third country, or their survivors who reside in a 
third country and who derive rights from the EU Blue Card holder, shall receive, in 
relation  to  old  age,  invalidity  and  death,  statutory  pensions  based  on  the  EU  Blue 
Card holder's previous employment and acquired in accordance with the legislation 
referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions 
and  at  the  same  rates  as  the  nationals  of  the  Member  States  concerned  when  they 
move to a third country. 

The right to equal treatment laid down in paragraph 1 shall be without prejudice to 
the right of the Member State to withdraw or to refuse to renew the EU Blue Card in 
accordance with Article 7. 

This  Article  shall  not  apply  to  EU  Blue  Card  holders  who  are  beneficiaries  of  the 
right to free movement under Union law in the Member State concerned. 

2. 

3. 

4. 

5. 

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6. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

This  Article  shall  apply  to  EU  Blue  Card  holders  who  are  beneficiaries  of 
international  protection  only  when  they  reside  in  a  Member  State  other  than  the 
Member State which granted them international protection. 

Article 16 

Family members 

Council  Directive  2003/86/EC  shall  apply  with  the  derogations  laid  down  in  this 
Article. 

By  way  of  derogation  from  Articles  3(1)  and  8  of  Directive  2003/86/EC,  family 
reunification shall  not  be made dependent  on the requirement of the EU Blue Card 
holder having reasonable prospects of obtaining the right of permanent residence and 
having a minimum period of residence. 

By  way  of  derogation  from  the  third  subparagraph  of  Article  4(1)  and  from  the 
second  subparagraph  of  Article  7(2)  of  Directive  2003/86/EC,  the  integration 
conditions  and  measures  referred  to  therein  may  only  be  applied  after  the  persons 
concerned have been granted family reunification. 

By  way  of  derogation  from  the  first  subparagraph  of  Article  5(4)  of  Directive 
2003/86/EC,  where  the  conditions  for  family  reunification  are  fulfilled  and  the 
applications  were  submitted  simultaneously,  residence  permits  for  family  members 
shall be granted at the same time as the EU Blue Card. Where the family members 
join the EU Blue Card holder after the EU Blue Card has been granted to him or her 
and  where  the  conditions  for  family  reunification  are  fulfilled,  residence  permits 
shall be granted at the latest within 60 days from the date on which the application 
was submitted. 

By  way  of  derogation  from  Article  13(2)  and  (3)  of  Directive  2003/86/EC,  the 
duration of validity of the residence permits of family members shall be the same as 
that of the EU Blue Card insofar as the period of validity of their travel  documents 
allows it.  

By  way  of  derogation  from  Article  14(1)(b)  and  (2)  of  Directive  2003/86/EC, 
Member  States  shall  not  apply  any  time  limit  in  respect  of  access  to  the  labour 
market.  Without  prejudice  to  the  restrictions  referred  to  in  Article  13(3)  of  this 
Directive,  family  members  shall  have  access  to  any  employed  or  self-employed 
activity in the Member State concerned.  

Before a family member is granted access to employment, Member States may check 
whether the concerned vacancy could not be filled by national or Union workforce, 
by  third-country  nationals  lawfully  resident  in  that  Member State  and  already 
forming part of its labour market by virtue of Union or national law, or by EU long-
term residents wishing to move to that Member State for employment in accordance 
with Chapter III of Directive 2003/109/EC.  

By way of derogation from Article 15(1) of Directive 2003/86/EC, for the purposes 
of  calculation  of  the  five  years  of  residence  required  for  the  acquisition  of  an 
autonomous  residence  permit,  residence  in  different  Member  States  shall  be 
cumulated.  

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8. 

9. 

10. 

1. 

2. 

The  provisions  set  out  in  Article  17  concerning  the  accumulation  of  periods  of 
residence in different Member States by the EU Blue Card holder for the purpose of 
acquiring the EU long-term resident status shall apply by analogy. 

This  Article  shall  not  apply  to  EU  Blue  Card  holders  who  are  beneficiaries  of  the 
right to free movement under Union law in the Member State concerned. 

This  Article  shall  apply  to  EU  Blue  Card  holders  who  are  beneficiaries  of 
international  protection  only  when  they  reside  in  a  Member  State  other  than  the 
Member State which granted them international protection. 

Article 17  

EU long-term resident status for EU Blue Card holders 

Directive 2003/109/EC shall apply with the derogations laid down in this Article. 

By  way  of  derogation  from  Article  4(1)  of  Directive  2003/109/EC,  Member  States 
shall grant EU long-term resident status to third-country nationals who have legally 
and  continuously  resided  as  EU  Blue  Card  holders  within  their  territory  for  three 
years immediately prior to the submission of the relevant application. 

The EU long-term resident status granted in accordance with the first subparagraph 
of  this  paragraph  may  be  withdrawn  before  the  period  of  legal  and  continuous 
residence  of  five  years  referred  to  in  Article  4(1)  of  Directive  2003/109/EC  within 
the  territory  of  the  Member  States  has  been  completed,  where  the  third-country 
national  becomes  unemployed  and  does  not  have  sufficient  resources  to  maintain 
himself or herself and, where applicable, the members of his or her family, without 
having recourse to the social assistance system of the Member State concerned. 

However, the EU long-term resident status shall not be withdrawn where the third-
country national: 

(a) 

(b) 

is temporarily unable to work as the result of an illness or accident; 

is in duly recorded involuntary unemployment and has registered as job-seeker 
with the relevant employment office;  

(c)  begins vocational training which, unless the third-country national concerned is 
involuntarily unemployed, shall be related to the previous employment. 

3. 

By way of derogation from Article 4(1) of Directive 2003/109/EC, the EU Blue Card 
holder having made use of the possibility provided for in Article 20 of this Directive 
is  allowed  to  cumulate  periods  of  residence  in  different  Member  States  in  order  to 
fulfil  the  requirement  concerning  the  duration  of  residence,  if  that  holder  has 
accumulated: 

(a) 

(b) 

five years of legal and continuous residence within the territory of the Member 
States; and 

two  years  of  legal  and  continuous  residence  as  an  EU  Blue  Card  holder 
immediately  prior  to  the  submission  of  the  relevant  application  within  the 
territory  of  the  Member  State  where  the  application  for  the  EU  long-term 
resident status is submitted. 

4. 

For the purpose of calculating the five years period of legal and continuous residence 
in the Union referred to in point (a) of paragraph 3 and by way of derogation from 

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the first subparagraph of Article 4(3) of Directive 2003/109/EC, periods of absence 
from  the  territory  of  the  Member  States  shall  not  interrupt  the  five  years  period  if 
those  periods  of  absence  are  shorter  than  twelve  consecutive  months  and  do  not 
exceed in total eighteen months within the five years period of legal and continuous 
residence.  

By way of derogation from Article 9(1)(c) of Directive 2003/109/EC, Member States 
shall extend to 24 consecutive months the period of absence from the territory of the 
Member States which is allowed to an EU long-term resident holder of a long-term 
residence permit with the remark referred to in Article 18(2) of this Directive and of 
his family members having been granted the EU long-term resident status. 

The derogations set out in paragraphs 4 and 5 may be restricted to cases where the 
third-country national concerned can present evidence that he has been absent from 
the territory of the Member States to exercise an economic activity in an employed or 
self-employed  capacity,  or  to  perform  a  voluntary  service,  or  to  study  in  his  own 
country of origin. 

Point (f) of Article 15(1), Article 19 and, where applicable, Articles 16 and 21 shall 
apply  to  holders  of  a  long-term  residence  permit  with  the  remark  referred  to  in 
Article 18(2). 

Where  the  EU  long-term  resident  who  holds  a  long-term  residence  permit  with  the 
remark referred to in Article 18(2) of this Directive is exercising his or her right to 
move to a second Member State pursuant to Chapter III of Directive 2003/109/EC, 
Article 14(3) and (4) and point (b) of Article 15(2) of that Directive shall not apply. 
The second Member State may apply measures in accordance with Article 20(6) of 
this Directive.  

Article 18 

Long-term residence permit 

EU Blue Card holders who fulfil the conditions set out in Article 17 of this Directive 
for  the  acquisition  of  the  EU  long-term  resident  status  shall  be  issued  with  a 
residence  permit  in  accordance  with  Article 1(2)(a)  of  Regulation  (EC)  No 
1030/2002. 

Member States shall enter the words "Former EU Blue Card holder" in the residence 
permit referred to in paragraph 1 of this Article under the heading "remarks". 

5. 

6. 

7. 

8. 

1. 

2. 

Chapter V 

MOBILITY BETWEEN MEMBER STATES 

Article 19 

Business activity in a second Member State 

1. 

Where a third-country national who holds a valid EU Blue Card issued by a Member 
State applying the Schengen acquis in full enters and stays in one or several second 
Member  States  for  a  period  of  90  days  in  any  180-day  period  for  the  purpose  of 

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2. 

1. 

2. 

carrying  out  a  business  activity,  the  second  Member  State  shall  not  require  any 
authorisation for exercising such activity other than the EU Blue Card issued by the 
first Member State. 

A third-country national who holds a valid EU Blue Card issued by a Member State 
not  applying  the  Schengen  acquis  in  full  shall  be  entitled  to  enter  and  stay  for  the 
purpose of carrying out a business activity in one or several second Member States 
for up to 90 days in any 180-day period on the basis of the EU Blue Card issued by 
the first Member State. The second Member State shall not require any authorisation 
for exercising the business  activity  other than the EU Blue Card issued by  the first 
Member State. 

Article 20 

Application for an EU Blue Card in a second Member State 

After twelve months of legal residence in the first Member State as an EU Blue Card 
holder, the third-country national shall be entitled to enter a second Member State for 
the  purpose  of  highly  skilled  employment  on  the  basis  of  the  EU  Blue  Card  and  a 
valid travel document under the conditions set out in this Article.  

As  soon  as  possible  and  no  later  than  one  month  after  entering  the  territory  of  the 
second Member State, the EU Blue Card holder or his employer or both shall submit 
an application for an EU Blue Card to the competent authority of that Member State 
and present all the documents proving the fulfilment of the conditions referred to in 
paragraph 3 for the second Member State.  

The  EU  Blue  Card  holder  shall  be  allowed  to  work  in  the  second  Member  State 
immediately after submitting the application. 

The  application  may  also  be  submitted  to  the  competent  authorities  of  the  second 
Member State while the EU Blue Card holder is still residing in the territory of the 
first Member State. 

3. 

For  the  purposes  of  the  application  referred  to  in  paragraph  2,  the  EU  Blue  Card 
holder shall present: 

(a) 

(b) 

(c) 

(d) 

(e) 

the valid EU Blue Card issued by the first Member State; 

a valid work contract or, as provided for in national law, a binding job offer for 
highly skilled employment, of at least six months in the second Member State; 

for regulated professions, a document attesting fulfilment of the conditions set 
out  under  national  law  for  the  exercise  by  Union  citizens  of  the  regulated 
profession specified in the work contract or binding job offer as provided for in 
national law; 

a valid travel document, as determined by national law;  

evidence  of  meeting  the  salary  threshold  set  in  the  second  Member  State  in 
application of paragraph 2 or, where applicable, of paragraphs 4 or 5 of Article 
5. 

4. 

The second Member State shall reject an application for an EU Blue Card in any of 
the following cases: 

(a) 

the documents required pursuant to paragraph 3 are not presented; 

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5. 

6. 

7. 

8. 

9. 

10. 

(b) 

(c) 

the documents were fraudulently acquired, or falsified or tampered with;  

the  employment  does  not  comply  with  the  conditions  laid  down  in  the 
applicable  laws,  collective  agreements  or  practices  as  referred  to  in  Article 
5(3). 

The second Member State shall reject an application for an EU Blue Card where the 
third-country national poses a threat to public policy, public security or public health. 

The  second  Member  State  may  reject  an  application  for  an  EU  Blue  Card  on  the 
basis of a check made in accordance with Article 6(2) after a justified notification as 
set out in that Article, and only if the second Member State has also introduced such 
checks for third-country nationals coming from third countries under this Directive. 

The second Member State may reject an application for an EU Blue Card where the 
third-country national repetitively makes use of the possibility to enter and work in 
second  Member  States  pursuant  to  this  Article  in  an  abusive  manner.  The  second 
Member State shall notify the first Member State of the rejection for the purpose of 
point (f) of Article 7(2). 

By  way  of  derogation  from  Article  10(1),  the  second  Member  State  shall  adopt  a 
decision on an application for an EU Blue Card and notify the applicant and the first 
Member State in writing at the latest within 30 days of the date of submission of the 
application of its decision to either: 

(a)  where the conditions  laid down in this Article are fulfilled, issue an EU Blue 
Card  and  allow  the  third-country  national  to  reside  on  its  territory  for  the 
purpose of highly skilled employment; or  

(b)  where the conditions laid down in this Article are not fulfilled, refuse to issue 
an  EU  Blue  Card  and  oblige  the  applicant  and  his  family  members,  in 
accordance  with  the  procedures  provided  for  in  national  law,  to  leave  its 
territory.  

Where  the  EU  Blue  Card  issued  by  the  first  Member  State  expires  during  the 
procedure,  the  second  Member  State  may  issue,  if  so  required  by  national  law, 
national  temporary  residence  permits,  or  equivalent  authorisations,  allowing  the 
applicant to continue to stay legally on its territory until a decision on the application 
has been taken by the competent authorities. 

From the second time that an EU Blue Card holder and, where applicable, his family 
members, make use of the possibility to move to another Member State pursuant to 
this Article, "first Member State" shall be understood as meaning the Member State 
from where the person concerned moves and "second Member State" as meaning the 
Member State to which he is applying to reside. By way of derogation from Article 
20(1),  an  EU  Blue  Card  holder  may  move  to  another  Member  State  a  second  time 
after  six  months  of  legal  residence  in  the  first  Member  State  as  an  EU  Blue  Card 
holder. 

Article 21 

Residence in the second Member State for family members 

1. 

Where the EU Blue Card holder moves to a second Member State in accordance with 
Article  20  and  where  the  family  was  already  constituted  in  the  first  Member  State, 
the members of his or her family shall be authorised to accompany him or her and to 

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enter  and  stay  in  the  second  Member  State  based  on  the  valid  residence  permits 
obtained as family members of an EU Blue Card holder in the first Member State. 

2. 

No later than one month after entering the territory of the second Member State, the 
family members concerned or the EU Blue Card holder, in accordance with national 
law,  shall  submit  an  application  for  a  residence  permit  as  a  family  member  to  the 
competent authorities of that Member State. 

Where the residence permit  of the family member issued by the first Member State 
expires during the procedure or no longer entitles the holder to reside legally on the 
territory  of  the  second  Member  State,  the  second  Member  State  shall  allow  the 
family member to  stay in their territory, if necessary by issuing national  temporary 
residence permits or equivalent authorisations, until a decision on the application has 
been taken by the competent authorities of the second Member State. 

3. 

The  second  Member  State  may  require  the  family  members  concerned  to  present 
with their application for a residence permit: 

4. 

5. 

6. 

7. 

8. 

1. 

(a) 

(b) 

their residence permit in the first Member State and a valid travel document, or 
certified copies thereof;  

evidence that they have resided as members of the family of the EU Blue Card 
holder in the first Member State. 

By  way  of  derogation  from  Article  16(4),  where  the  family  members  join  the  EU 
Blue Card holder after he or she has moved to the second Member State, residence 
permits  shall  be  granted  at  the  latest  within  30  days  from  the  date  on  which  the 
application was submitted, where the conditions for family reunification are fulfilled. 

In addition to the derogations listed in Article 16, the second Member State shall not 
require  the  evidence  referred  to  in  points  (a)  and  (b)  of  Article  7(1)  of  Directive 
2003/86/EC. 

Where the family  was  not  already  constituted in  the first  Member State,  Article 16 
shall apply. 

This  Article  shall  apply  to  EU  Blue  Card  holders  who  are  beneficiaries  of 
international protection only when they move to reside in a Member State other than 
the Member State which granted them international protection. 

This  Article  shall  not  apply  to  EU  Blue  Card  holders  who  are  beneficiaries  of  the 
right to free movement under Union law in the second Member State.   

Article 22 

Safeguards and sanctions 

Where  the  EU  Blue  Card  is  issued  by  a  Member  State  not  applying  the  Schengen 
acquis in full and the EU Blue Card holder crosses an external border for the purpose 
of  mobility  as  referred  to  in  Articles  19  and  20,  the  second  Member  State  shall  be 
entitled to require as evidence of the mobility of the EU Blue Card holder: 

(a) 

(b) 

(c) 

the valid EU Blue Card issued by the first Member State; 

for the purpose of Article 19, evidence of the business purpose of the stay;  

for the purpose of Article 20, a work contract or a binding job offer for highly 
 skilled employment of at least six months in the second Member State. 

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2. 

3. 

4. 

5. 

6. 

Where  the  EU  Blue  Card  is  issued  by  a  Member  State  not  applying  the  Schengen 
acquis  in  full  and  the  family  members  of  an  EU  Blue  Card  holder  join  him  or  her 
when  crossing  an  external  border  for  the  purpose  of  moving  to  a  second  Member 
State  as  referred  to  in  Article  21(1),  the  second  Member  State  shall  be  entitled,  in 
addition  to  the  evidence  referred  to  in  paragraph  1  of  this  Article,  to  require  that 
family members present  their residence permits in the first Member State as family 
members of the EU Blue Card holder.  

Where  the  second  Member  State  rejects  the  application  for  an  EU  Blue  Card  in 
accordance  with  point  (b)  of  Article  20(8),  the  first  Member  State  shall,  upon  the 
request of the second Member State, allow re-entry of the EU Blue Card holder and, 
where  applicable,  his  family  members,  without  formalities  and  without  delay.  This 
shall also apply if the EU Blue Card issued by the first Member State has expired or 
has been withdrawn during the examination of the application. Article 14 shall apply 
after re-entry into the first Member State. 

The EU Blue Card holder or his employer in the second Member State may be held 
responsible for the costs related to the re-entry of the EU Blue Card holder and his 
family members referred to in paragraph 4. 

Member States may hold  the employer of  the EU Blue Card holder responsible for 
failure  to  comply  with  the  conditions  of  mobility  laid  down  in  this  Chapter  or  for 
repetitively  making  use  of  the  mobility  provisions  of  this  Chapter  in  an  abusive 
manner.  

The Member State concerned shall provide for sanctions where the employer is held 
responsible. Those sanctions shall be effective, proportionate and dissuasive. 

Where  a  Member  State  withdraws  or  does  not  renew  an  EU  Blue  Card  which 
contains the remark referred to in Article 8(4) and decides to expel the third-country 
national,  it  shall  request  the  Member  State  mentioned  in  that  remark  to  confirm 
whether the person concerned is still a beneficiary of international protection in that 
Member  State.  The  Member  State  mentioned  in  the  remark  shall  reply  within  one 
month after receiving the request for information. 

Where  the  third-country  national  is  still  a  beneficiary  of  international  protection  in 
the  Member  State  mentioned  in  the  remark,  that  person  shall  be  expelled  to  that 
Member State, which shall, without prejudice to the applicable Union or national law 
and  to  the  principle  of  family  unity,  immediately  allow  the  re-entry,  without 
formalities, of that beneficiary and his or her family members. 

By  way  of  derogation  from  the  second  subparagraph,  the  Member  State  which 
adopted the expulsion decision shall retain the right to remove, in accordance with its 
international  obligations,  the  third-country  national  to  a  country  other  than  the 
Member  State  which  granted  international  protection,  where  that  person  fulfils  the 
conditions specified in Article 21(2) of Directive 2011/95/EU. 

7. 

Where  the  EU  Blue  Card  holder  or  his  or  her  family  members  cross  the  external 
border of a Member State applying the Schengen acquis  in  full, that Member State 
shall consult the Schengen information system. That Member State shall refuse entry 
for persons  for whom  an alert  for the purposes  of refusing  entry and stay  has been 
issued in the Schengen information system. 

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Chapter VI 

FINAL PROVISIONS 

Article 23 

Access to information and monitoring 

1. 

Member States shall make easily accessible to applicants the information on all the 
documentary  evidence  needed  for  an  application  and  information  on  entry  and 
residence conditions, including the rights, obligations and procedural safeguards, of 
the  third-country  nationals  falling  under  the  scope  of  this  Directive  and  of  their 
family members. This information shall include information on the salary thresholds 
set in the Member State concerned in accordance with Article 5(2), (4) and (5), and 
on the applicable fees. 

This information shall also include information:  

(a)  on business activities allowed in the territory of the Member State concerned to 
an EU Blue Card holder from another Member State as referred to in Article 19  

(b)  on the procedures applicable to obtaining an EU Blue Card as well as residence 
permits  for  family  members,  in  a  second  Member  State,  as  referred  to  in 
Article 20 and 21. 

In the case where Member States decide to make use of the possibility provided for 
by Article 6(2), the introduction of a check of the labour market situation in a given 
occupation or sector, in a given region, shall be communicated in the same way. 

2. 

Member  States  shall  communicate  to  the  Commission  each  year  and  upon  each 
modification,  the  factor  they  have  decided  to  set  for  determining  the  annual  salary 
thresholds,  and  the  resulting  nominal  amounts,  in  accordance  with  Article  5(2),  (4) 
and (5). 

Member  States  shall  communicate  each  year  to  the  Commission  the  list  of  the 
professions for which a derogation in accordance with Article 5(4) applies. 

Where  Member  States  refuse  applications  for  an  EU  Blue  Card  based  on  ethical 
recruitment  considerations in  accordance with  Article 6(4), they shall communicate 
to  the  Commission  and  to  the  other  Member  States  a  duly  justified  decision 
indicating the countries and sectors concerned. 

Member States shall  communicate to  the Commission  each  year the list of allowed 
business activities, as meant in Article 2(l), for the application of Article 19. 

3. 

Member  States  shall  monitor  and  communicate  each  year  to  the  Commission  the 
impact of this Directive on the national labour markets. 

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Article 24 

Statistics 

1. 

Annually,  and  for  the  first  time  by  …52  at  the  latest,  Member  States  shall,  in 
accordance  with  Regulation  (EC)  No  862/200753,  communicate  to  the  Commission 
statistics  on  the  numbers  of  third-country  nationals  who  have  been  granted  an  EU 
Blue  Card  and  on  those  whose  application  have  been  rejected,  specifying  those 
rejected  in  application  of  Article  6(2),  as  well  as  on  the  numbers  of  third-country 
nationals whose EU Blue Card has been renewed or withdrawn, during the previous 
calendar year. Those statistics shall be disaggregated by the citizenship, occupation, 
length  of  validity  of  the  permits,  sex  and  age  of  the  applicants,  and  the  economic 
sector. Those statistics for third-country nationals who have been granted an EU Blue 
Card  shall  be  further  disaggregated  into  beneficiaries  of  international  protection, 
beneficiaries  of the right to  free movement  and  those who have acquired EU long-
term resident status in accordance with Article 17.  

Statistics on admitted family members shall be  communicated in  the same manner, 
except as regards information on their occupation and the economic sector.  

For  EU  Blue  Card  holders,  and  members  of  their  families,  who  have  been  granted 
residence permits in a second Member State in accordance with Articles 20 and 21, 
the  information  provided  shall,  in  addition,  specify  the  Member  State  of  previous 
residence.  

2. 

For  the  purpose  of  the  implementation  of  paragraphs  Article  5(2),  (4)  and  (5), 
reference shall be made to data sent to Eurostat in accordance with Regulation (EU) 
No 549/201354. 

Article 25 

Reporting 

Every three years, and for the first time by [five years after the date of entry into force of this 
Directive],  the  Commission  shall  report  to  the  European  Parliament  and  the  Council  on  the 
application of this Directive in the Member States, in particular the assessment of the impact 
of Articles 5, 12, 19 and 20, and the impact  of this  Directive on the national  labour market 
situations. The Commission shall propose any amendments that are necessary. 

The Commission shall notably assess the relevance of the salary threshold set out in Article 5 
and  of  the  derogations  provided  for  in  that  Article,  taking  into  account,  among  others,  the 
diversity  of  the  economical,  sectorial  and  geographical  situations  and  the  labour  market 
impact within the Member States. 

52 
53 

54 

Four years after the date of entry into force of this Directive. 
Regulation  (EC)  No  862/2007  of  the  European  Parliament  and  of  the  Council  of  11  July  2007  on  Community 
statistics  on  migration  and  international  protection  and  repealing  Council  Regulation  (EEC)  No  311/76  on  the 
compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23). 
Regulation  (EU)  No 549/2013  of  the  European Parliament  and of  the  Council  of  21  May  2013  on  the European 
system of national and regional accounts in the European Union (OJ L 174, 26.6.2013, p. 1). 

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Article 26 

Cooperation between contact points 

1. 

2. 

3. 

Member States shall appoint contact points which shall be responsible for receiving 
and transmitting the information needed to implement Articles 17, 19, 20 and 23 and 
shall cooperate effectively with each other. 

The Member States’ contact points shall in particular cooperate effectively regarding 
validation  arrangements  with  stakeholders  in  the  education,  training,  employment 
and  youth  sectors,  as  well  as  other  relevant  policy  areas,  needed  to  implement 
Articles 5(1)(c) and 5(6). 

Member  States  shall  provide  appropriate  cooperation  in  the  exchange  of  the 
information and documentation referred to in paragraph 1. Member States shall give 
preference to exchanging information via electronic means. 

Article 27 

Repeal of Directive 2009/50/EC 

Directive 2009/50/EC is repealed with effect from … [two years+1 day after the date of entry 
into force of this Directive]. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation tables in Annex []. 

Article 28 

Transposition 

1. 

2. 

3. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [Two  years  after  the  date  of 
entry  into  force  of  this  Directive].  They  shall  forthwith  inform  the  Commission 
thereof. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive or shall be accompanied by such reference on the occasion of their official 
publication. Member States shall determine how such reference is to be made. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

By  way  of  derogation  from  paragraph  1,  Member  States  shall  bring  into  force  the 
laws,  regulations  and  administrative  provision  necessary  to  comply  with  points  (g) 
and  (i)  of  Article  2  with  regard  to  recognising  higher  professional  skills  as  higher 
professional qualifications by [2 years after the general transposition deadline]. 

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Article 29 

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 30 

Addressees 

This Directive is addressed to the Member States, in accordance with the Treaties. 

Done at Strasbourg, 

For the European Parliament 
The President 

For the Council 
The President 

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