Article 1 Subject matter
This Directive lays down: (a) the conditions of entry and residence for more than 3 months in the territory of the Member States, and the rights, of third-country nationals for the purpose of highly qualified employment and of their family members; (b) 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: (1) ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU; (2) ‘highly qualified employment’ means the employment of a person who: (a) 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, another person; (b) is paid for that work; and (c) has the required higher professional qualifications; (3) ‘EU Blue Card’ means a residence permit bearing the term ‘EU Blue Card’ that entitles its holder to reside and work in the territory of a Member State under the terms of this Directive; (4) ‘first Member State’ means the Member State which first grants a third-country national an EU Blue Card; (5) ‘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; (6) ‘family members’ means third-country nationals who are family members as referred to in Article 4(1) of Directive 2003/86/EC; (7) ‘higher professional qualifications’ means qualifications attested by evidence of higher education qualifications or higher professional skills; (8) ‘higher education qualifications’ means any diploma, certificate or other evidence of formal qualifications issued by a competent authority attesting to 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 last at least 3 years and correspond at least to ISCED 2011 level 6 or, where appropriate, to EQF level 6, in accordance with national law; (9) ‘higher professional skills’ means: (a) as concerns the occupations listed in Annex I, knowledge, skills and competences attested by professional experience at a level comparable to higher education qualifications, which are relevant to the profession or sector specified in the work contract or binding job offer, and which have been acquired over the duration set out in Annex I for each relevant occupation; (b) as concerns other occupations, only where provided for by national law or national procedures, knowledge, skills and competences attested by at least 5 years of professional experience at a level comparable to higher education qualifications and which are relevant to the profession or sector specified in the work contract or binding job offer; (10) ‘professional experience’ means the actual and lawful pursuit of the profession concerned; (11) ‘regulated profession’ means a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC; (12) ‘unregulated profession’ means a profession that is not a regulated profession; (13) ‘business activity’ means a temporary activity directly related to the business interests of the employer and to the professional duties of the EU Blue Card holder based on the work contract in the first Member State, including attending internal or external business meetings, attending conferences or seminars, negotiating business deals, undertaking sales or marketing activities, exploring business opportunities, or attending and receiving training; (14) ‘international protection’ means international protection as defined in Article 2, point (a), of Directive 2011/95/EU.
Article 3 Scope
1. This Directive applies 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 qualified employment under this Directive. 2. This Directive does 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 Council Directive 2001/55/EC ( 23 ) in a Member State; (b) who seek protection in accordance with national law, international obligations or practice of a 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 a 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; (f) whose expulsion has been suspended for reasons of fact or law; (g) who are covered by Directive 96/71/EC for the duration of their posting to the territory of the Member State concerned; or (h) who, under agreements between the Union and the Member States on the one hand, and third countries on the other, as nationals of those third countries, enjoy rights of free movement equivalent to those of Union citizens. 3. This Directive is without prejudice to the right of Member States to issue residence permits other than an EU Blue Card for the purpose of highly qualified employment. Such residence permits shall not confer a right of residence in other Member States as provided for in this Directive.
Article 4 More favourable provisions
1. This Directive is without prejudice to more favourable provisions of: (a) Union law, including bilateral or multilateral agreements concluded between the Union or the Union and the Member States on the one hand, and one or more third countries on the other; and (b) bilateral or multilateral agreements concluded between one or more Member States and one or more third countries. 2. This Directive shall not affect the right of Member States to adopt or retain more favourable provisions in respect of Article 8(5), Article 11, Article 15(4), Articles 16 and 17 and Article 18(4).
Article 5 Criteria for admission
1. As regards the admission of a third-country national under this Directive, an applicant 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 qualified employment for a period of at least 6 months in the Member State concerned; (b) for unregulated professions, present documents attesting to relevant higher professional qualifications in relation to the work to be carried out; (c) for regulated professions, present documents attesting to the 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, in accordance with national law; (d) present a valid travel document, as determined by national law, and, if required, an application for a visa, a valid visa or, where applicable, a valid residence permit or valid long-stay visa; (e) provide evidence of having or, if provided for by national law, having applied for, sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods when no such insurance coverage or corresponding entitlement to benefits is provided for in connection with, or resulting from, the work contract. 2. Member States shall require that the conditions under the applicable law, set in collective agreements or established by practices in the relevant occupational branches for highly qualified employment are met. 3. In addition to the requirements laid down in paragraphs 1 and 2, the amount of gross annual salary resulting from the monthly or annual salary specified in the work contract or binding job offer shall not be lower than the salary threshold set and published for that purpose by the Member State concerned. The salary threshold referred to in the first subparagraph shall be set by the Member State concerned, after consulting the social partners according to national practices. It shall be at least 1,0 times, but not higher than 1,6 times, the average gross annual salary in the Member State concerned. 4. By way of derogation from paragraph 3, for employment in professions in which there is particular need of third-country national workers and which belong to major groups 1 and 2 of the ISCO classification, a Member State may apply a lower salary threshold that is at least 80 % of the salary threshold set by that Member State in accordance with paragraph 3, provided that the lower salary threshold is not lower than 1,0 times the average gross annual salary in that Member State. 5. By way of derogation from paragraph 3, as regards third-country nationals who have obtained a higher education qualification no more than 3 years before submitting the application for an EU Blue Card, a Member State may apply a lower salary threshold that is at least 80 % of the salary threshold set by that Member State in accordance with paragraph 3, provided that the lower salary threshold is not lower than 1,0 times the average gross annual salary in the Member State concerned. Where the EU Blue Card issued during the period of 3 years is renewed, the salary threshold referred to in the first subparagraph shall continue to apply if: (a) the initial period of 3 years has not elapsed; or (b) a period of 24 months after the issuance of the first EU Blue Card has not elapsed. 6. Where an application for an EU Blue Card concerns a third-country national who holds a national residence permit for the purpose of highly qualified employment issued by the same Member State, that Member State shall not: (a) require the applicant to present the documents provided for in paragraph 1, point (b) or (c), if the relevant higher professional qualifications were already verified in the context of the application for the national residence permit; (b) require the applicant to present the evidence provided for in paragraph 1, point (e), of this Article unless the application is submitted in the context of a change of employment, in which case Article 15 shall apply accordingly; and (c) apply Article 7(2), point (a), unless the application is submitted in the context of a change of employment, in which case Article 15 shall apply accordingly. 7. Member States may require the third-country national concerned to provide his or her address in their territory. Where the 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 cases, the third-country national shall provide his or her permanent address at the latest when the EU Blue Card is issued pursuant to Article 9.
Article 6 Volumes of admission
This Directive shall not affect the right of Member States to determine volumes of admission of third-country nationals in accordance with Article 79(5) TFEU.
Article 7 Grounds for rejecting an application for an EU Blue Card
1. A Member State shall reject an application for an EU Blue Card where: (a) Article 5 is not complied with; (b) the documents presented have been fraudulently acquired, falsified or tampered with; (c) the third-country national concerned is considered to pose a threat to public policy, public security or public health; or (d) the employer’s business was established or operates for the main purpose of facilitating the entry of third-country nationals. 2. A Member State may reject an application for an EU Blue Card: (a) where the competent authorities of the Member State, after checking the labour market situation, for example where there is a high level of unemployment, conclude that the vacancy concerned may be filled from the national or Union workforce, or by third-country nationals who are lawfully resident in that Member State and already form part of its labour market by virtue of Union or national law, or by EU long-term residents who wish to move to that Member State for highly qualified employment in accordance with Chapter III of Directive 2003/109/EC; (b) where the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions; (c) where the employer’s business is being, or has been, wound up under national insolvency laws or carries out no economic activity; (d) where the employer has been sanctioned for the employment of illegally staying third-country nationals in accordance with Article 9 of Directive 2009/52/EC of the European Parliament and of the Council ( 24 ) , or for undeclared work or illegal employment according to national law; or (e) to ensure ethical recruitment in professions suffering from a lack of qualified workers in the countries of origin, including on the basis of an agreement listing professions for that purpose either between the Union and the Member States on the one hand, and one or more third countries on the other, or between the Member States on the one hand, and one or more third countries on the other. 3. Without prejudice to paragraph 1, any decision to reject an application shall take account of the specific circumstances of the case and shall respect the principle of proportionality.
Article 8 Grounds for withdrawing or not renewing an EU Blue Card
1. A Member State shall withdraw or refuse to renew an EU Blue Card where: (a) the EU Blue Card or the documents presented have been fraudulently acquired, falsified or tampered with; (b) the third-country national concerned no longer holds a valid work contract for highly qualified employment; (c) the third-country national concerned no longer holds the qualifications referred to in Article 5(1), point (b) or (c); or (d) the salary of the third-country national concerned no longer meets the salary threshold set in accordance with Article 5(3), (4) or (5), as applicable. 2. A Member State may withdraw or refuse to renew an EU Blue Card: (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 EU Blue Card holder 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 that Member State; (d) where the EU Blue Card holder is residing in that Member State for purposes other than those for which he or she was authorised to reside; (e) where the conditions under the applicable law, set in collective agreements or established by practices in the relevant occupational branches for highly qualified employment are no longer met; (f) where the EU Blue Card holder has not complied with the relevant procedures as provided for in Article 15(2), point (a), or in Article 15(3) or (4); (g) where the EU Blue Card holder no longer holds a valid travel document, provided that, prior to withdrawing the EU Blue Card, that Member State had set a reasonable deadline for that EU Blue Card holder to obtain and present a valid travel document; or (h) where the EU Blue Card holder fails to comply with the conditions of mobility under Chapter V. For the purposes of point (c) of the first subparagraph, a Member State shall evaluate the sufficiency of resources by reference to their nature and regularity and may take into account the level of minimum national wages, minimum income or minimum pensions as well as the number of family members of the EU Blue Card holder. Such evaluation shall take into account the contributions of the family members to the household income. 3. By way of derogation from paragraph 2, first subparagraph, point (f), of this Article, a failure to make a communication required under Article 15(2), point (a), or Article 15(3) or (4) shall not be considered to be a sufficient reason for withdrawing or not renewing the EU Blue Card if the EU Blue Card holder proves that the communication did not reach the competent authorities for a reason outside his or her control. 4. By way of derogation from paragraph 1, points (b) and (d), Member States may decide not to withdraw or not to refuse to renew an EU Blue Card where the EU Blue Card holder temporarily, in any case for no longer than 12 months, does not fulfil the criteria for admission set out in Article 5(1), point (a), Article 5(3) or, where applicable, Article 5(4) or (5), as a result of illness, disability or parental leave. 5. By way of derogation from paragraph 1, points (b) and (d), and paragraph 2, first subparagraph, point (c), the EU Blue Card shall not be withdrawn and its renewal shall not be refused in the event of the unemployment of the EU Blue Card holder, except where: (a) the EU Blue Card holder cumulates a period of unemployment exceeding 3 months and has held an EU Blue Card for less than 2 years; or (b) the EU Blue Card holder cumulates a period of unemployment exceeding 6 months and has held an EU Blue Card for at least 2 years. Member States may allow longer periods of unemployment to cumulate before withdrawing or not renewing the EU Blue Card. 6. Where a Member State intends to withdraw or not to renew an EU Blue Card in accordance with paragraph 2, first subparagraph, point (b) or (e), the competent authority shall notify the EU Blue Card holder in advance and shall set a reasonable deadline of at least 3 months for the EU Blue Card holder to seek new employment, subject to the conditions set out in Article 15(1), (2) and (3). The period for seeking employment shall be at least 6 months where the EU Blue Card holder has been previously employed for at least 2 years. 7. Without prejudice to paragraph 1, any decision to withdraw or to refuse to renew an EU Blue Card shall take account of the specific circumstances of the case and shall respect the principle of proportionality.
Article 9 EU Blue Card
1. Where a third-country national fulfils the criteria set out in Article 5 and where no grounds for rejection pursuant to Article 7 apply, 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 with the requisite visa to obtain an EU Blue Card. 2. Member States shall set a standard period of validity for the EU Blue Card, which shall be at least 24 months. If the EU Blue Card holder’s work contract covers a shorter period, the EU Blue Card shall be valid for at least the duration of the work contract plus 3 months, but for no longer than the standard period referred to in the first sentence. However, if the period of validity of the EU Blue Card holder’s travel document is shorter than the period of validity of the EU Blue Card that would apply under the first or second sentence, the EU Blue Card shall be valid at least for the period of validity of the travel document. 3. The EU Blue Card shall be issued by the competent authorities of the Member State concerned using the uniform format laid down in Regulation (EC) No 1030/2002. In accordance with point (a)(12) of the Annex to that Regulation, Member States may indicate on the EU Blue Card the conditions for access to the labour market set out in Article 15(1) of this Directive. Member States shall enter the words ‘EU Blue Card’ in the space reserved for the ‘type of permit’ in the residence permit. Member States may provide additional information related to the employment relationship of the EU Blue Card holder in paper form or store such data in electronic form in accordance with Article 4 of Regulation (EC) No 1030/2002 and point (a)(16) of the Annex thereto. 4. 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 the EU Blue Card issued to that third-country national, 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. 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 following remark in the EU Blue Card issued to that third-country national, under the heading ‘Remarks’: ‘International protection granted by [name of the Member State] on [date]’. Before the Member State enters that remark, it shall notify the Member State that is to be mentioned in that remark that it intends to issue the EU Blue Card and request that Member State to confirm that the EU Blue Card holder is still a beneficiary of international protection. The Member State that is to be mentioned in the remark shall reply no later than 1 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 3 months after the transfer. 6. Where an EU Blue Card is issued by a Member State on the basis of higher professional skills in occupations not listed in Annex I, the Member State issuing the EU Blue Card shall enter the following remark in that EU Blue Card, under the heading ‘Remarks’: ‘[Occupation not listed in Annex I]’. 7. 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; and (b) enjoy the rights provided for in this Directive.
Article 10 Applications for admission
1. Member States shall determine whether applications for an EU Blue Card are to be made by the third-country national or by the employer. Alternatively, Member States may allow applications to be made by either of the two. 2. An application for an EU Blue Card 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 residing in the territory of that Member State as holder of a valid residence permit or long-stay visa. 3. By way of derogation from paragraph 2, a Member State may accept, in accordance with its national law, an application for an EU Blue Card submitted by a third-country national who is not in possession of a valid residence permit or long-stay visa but is legally present in its territory.
Article 11 Procedural safeguards
1. The competent authorities of the Member State concerned 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 law of that Member State. That decision shall be adopted and notified as soon as possible but not later than 90 days after the date of submission of the complete application. Where the employer has been recognised in accordance with Article 13, the decision on the application for an EU Blue Card shall be adopted and notified as soon as possible but not later than 30 days after the date on which the complete application was submitted. 2. Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline for presenting or providing them. The period referred to in paragraph 1 shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application may be rejected. 3. Any decision to reject an application for an EU Blue Card, to withdraw an EU Blue Card or not to renew an EU Blue Card shall be notified in writing to the third-country national concerned and, where relevant, to his or her 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 to which an appeal may be submitted, as well as the time limit for submitting an appeal. Member States shall provide an effective judicial remedy, in accordance with national law. 4. An applicant shall be allowed to submit an application for the renewal of his or her EU Blue Card before it expires. Member States may set a deadline of no more than 90 days prior to the expiry of the EU Blue Card for submitting an application for renewal. 5. Where the validity of the EU Blue Card expires during the renewal procedure, Member States shall allow the third-country national to stay in their territory as if he or she were an EU Blue Card holder until the competent authorities have taken a decision on the application for renewal. 6. Where Member States issue national residence permits for the purpose of highly qualified employment, they shall grant EU Blue Card holders the same procedural safeguards as those provided for under their national schemes where the procedural safeguards under such national schemes are more favourable than those provided for in paragraphs 1 to 5.
Article 12 Fees
Member States may require the payment of fees for the handling of applications in accordance with this Directive. The level of fees imposed by a Member State for the processing of applications shall not be disproportionate or excessive. Where Member States issue national residence permits for the purpose of highly qualified employment, they shall not require EU Blue Card applicants to pay higher fees than those imposed on applicants for national permits.
Article 13 Recognised employers
1. Member States may provide for recognition procedures for employers in accordance with their national law or administrative practice for the purposes of a simplified procedure for obtaining an EU Blue Card. Where a Member State provides for such recognition procedures, it shall provide clear and transparent information to the employers concerned in relation to, inter alia, the conditions and criteria for recognition, the period of validity of the recognition and the consequences of non-compliance with the conditions for recognition, including the possible withdrawal or non-renewal of the recognition, as well as any sanctions that apply. The recognition procedures shall not entail disproportionate or excessive administrative burdens or costs for employers, in particular for small and medium-sized enterprises. 2. The simplified procedure shall include the processing of applications in accordance with the second subparagraph of Article 11(1). Applicants shall be exempt from presenting or providing one or more pieces of evidence referred to in Article 5(1), point (b) or (e), or in Article 5(7). 3. Member States may refuse to recognise an employer pursuant to paragraph 1 where a sanction has been imposed on that employer for: (a) the employment of illegally staying third-country nationals in accordance with Directive 2009/52/EC; (b) undeclared work or illegal employment under national law; or (c) failing to meet its legal obligations regarding social security, taxation, labour rights or working conditions. Any decision to refuse to recognise an employer shall take account of the specific circumstances of the case, including the time that has passed since the sanction was imposed, and shall respect the principle of proportionality. 4. Member States may refuse to renew, or may decide to withdraw, the recognition of an employer where the employer has not fulfilled its obligations under this Directive or where the recognition has been fraudulently acquired. 5. Where Member States issue national residence permits for the purpose of highly qualified employment and have established recognition procedures for employers facilitating the issuance of such residence permits, they shall apply the same recognition procedures to applications for EU Blue Cards where the recognition procedures for the issuance of such permits are more favourable than those provided for in paragraphs 1 to 4.
Article 14 Sanctions against employers
1. Member States shall provide for sanctions against employers who have not fulfilled their obligations under this Directive. Those sanctions shall be effective, proportionate and dissuasive. 2. Member States shall provide for measures to prevent possible abuses of this Directive. Those measures shall include monitoring, assessment and, where appropriate, inspection in accordance with national law or administrative practice.
Article 15 Labour market access
1. EU Blue Card holders shall have access to highly qualified employment in the Member State concerned under the conditions provided for in this Article. 2. During the first 12 months of legal employment of the person concerned as an EU Blue Card holder, a Member State may: (a) require that a change of employer or a change which may affect the fulfilment of the criteria for admission as set out in Article 5 be communicated to the competent authorities in that Member State, in accordance with procedures laid down in national law; and (b) subject any change of employer to a check of the labour market situation, provided that that Member State carries out such a check in accordance with Article 7(2), point (a). The right of the EU Blue Card holder to change employment may be suspended for a maximum of 30 days while the Member State concerned checks that the conditions for admission laid down in Article 5 are fulfilled and that the vacancy concerned could not be filled by the persons listed in Article 7(2), point (a). The Member State concerned may oppose the change of employment within those 30 days. 3. After the expiry of the 12-month period referred to in paragraph 2, Member States may require only that a change of employer or a change affecting the fulfilment of the criteria for admission as set out in Article 5 be communicated in accordance with procedures laid down by national law. Such a requirement shall not suspend the right of the EU Blue Card holder to take up and carry out the new employment. 4. During a period of unemployment, the EU Blue Card holder shall be allowed to seek and take up employment in accordance with this Article. 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. 5. Without prejudice to the criteria for admission set out in Article 5, Member States may allow EU Blue Card holders to engage in self-employed activity in parallel to the activity in highly qualified employment in accordance with conditions laid down in national law. This shall not affect the competence of the Member States for limiting the scope of the allowed self-employed activity. Any such self-employed activity shall be subsidiary to the main activity of the person concerned as an EU Blue Card holder. 6. Where Member States issue national residence permits for the purpose of highly qualified employment, they shall guarantee EU Blue Card holders access to self-employed activities under no less favourable conditions than those provided for under the relevant national scheme. 7. Without prejudice to the criteria for admission set out in Article 5, Member States may allow EU Blue Card holders to engage in professional activities other than their main activity as an EU Blue Card holder in accordance with conditions laid down in national law. 8. By way of derogation from paragraph 1, a Member State may retain restrictions on access to employment in accordance with existing national or Union law, provided that such employment activities entail at least occasional involvement in the exercise of public authority and the responsibility for safeguarding the general interest of the State or that such employment activities are reserved to nationals of that Member State, Union citizens or EEA citizens. 9. This Article is without prejudice to the principle of preference for Union citizens where applicable under the relevant Acts of Accession.
Article 16 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) 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; (b) 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; (c) education and vocational training; (d) recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures; (e) branches of social security referred to in Article 3 of Regulation (EC) No 883/2004; and (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 provided by employment offices. 2. With respect to paragraph 1, point (c), Member States 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 paragraph 1, point (f), Member States 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. 3. EU Blue Card holders moving to a third country, or their survivors who reside in a third country and who derive rights from an 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 that were 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 nationals of the Member States concerned where such nationals move to a third country. 4. The right to equal treatment laid down in paragraph 1 is without prejudice to the right of a Member State to withdraw or to refuse to renew the EU Blue Card in accordance with Article 8. 5. This Article does not apply to EU Blue Card holders who are beneficiaries of the right to free movement under Union law in the Member State concerned. 6. This Article applies 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. 7. Where Member States issue national residence permits for the purpose of highly qualified employment, they shall grant EU Blue Card holders the same equal treatment rights as those granted to holders of national residence permits, where such equal treatment rights are more favourable than those provided for in this Article.
Article 17 Family members
1. Directive 2003/86/EC applies, subject to the derogations laid down in this Article. 2. By way of derogation from Article 3(1) and Article 8 of Directive 2003/86/EC, family reunification shall not be made dependent on the EU Blue Card holder having reasonable prospects of obtaining the right of permanent residence, holding a residence permit for a period of validity of 1 year or more, or having a minimum period of residence. 3. 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 be applied, but only after the persons concerned have been granted family reunification. 4. 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 complete applications were submitted simultaneously, the decisions on the applications of family members shall be adopted and notified at the same time as the decision on the application for an EU Blue Card. Where the family members join the EU Blue Card holder after the EU Blue Card has been granted and where the conditions for family reunification are fulfilled, the decision shall be adopted and notified as soon as possible but not later than 90 days after the date of submission of the complete application. Article 11(2) and (3) of this Directive shall apply accordingly. 5. 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. 6. By way of derogation from Article 14(2) of Directive 2003/86/EC, Member States shall not apply any time limit in respect of access to the labour market for family members. By way of derogation from Article 14(1), point (b), of that Directive, and without prejudice to the restrictions referred to in Article 15(8) of this Directive, family members shall have access to any employment, and to self-employed activity in accordance with applicable requirements under national law, in the Member State concerned. 7. By way of derogation from Article 15(1) of Directive 2003/86/EC, for the purposes of calculation of the duration of residence required for the acquisition of an autonomous residence permit, residence in different Member States shall be cumulated. Member States may require 2 years of legal and continuous residence in the territory of the Member State where the application for the autonomous residence permit is submitted immediately prior to the submission of the relevant application. 8. This Article does not apply to family members of EU Blue Card holders who are beneficiaries of the right to free movement under Union law in the Member State concerned. 9. This Article applies to family members of EU Blue Card holders who are beneficiaries of international protection only when those EU Blue Card holders reside in a Member State other than the Member State which granted them international protection. 10. Where Member States issue national residence permits for the purpose of highly qualified employment, they shall grant EU Blue Card holders and their family members the same rights as those granted to holders of national residence permits and their family members where such rights are more favourable than those provided for in this Article.
Article 18 EU long-term resident status for EU Blue Card holders
1. Directive 2003/109/EC applies, subject to the derogations laid down in this Article. 2. By way of derogation from Article 4(1) of Directive 2003/109/EC, an EU Blue Card holder who has made use of the possibility provided for in Article 21 of this Directive may cumulate periods of residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that the EU Blue Card holder has accumulated: (a) the number of years of legal and continuous residence required under Article 4(1) of Directive 2003/109/EC as a holder of an EU Blue Card, a national residence permit for highly qualified employment, an authorisation as researcher or, where appropriate, an authorisation as a student in accordance with the second subparagraph of Article 4(2) of Directive 2003/109/EC or as a beneficiary of international protection within the territory of the Member States; and (b) 2 years of legal and continuous residence as an EU Blue Card holder within the territory of the Member State where the application for EU long-term resident status is submitted immediately prior to the submission of the relevant application. 3. For the purpose of calculating the duration of legal and continuous residence in the Union referred to in paragraph 2, point (a), of this Article, and by way of derogation from the first subparagraph of Article 4(3) of Directive 2003/109/EC, periods of absence from the territory of the Member State concerned shall not interrupt the duration of legal and continuous residence in the Union if those periods of absence are shorter than 12 consecutive months and do not exceed in total 18 months within that duration. 4. By way of derogation from Article 9(1), point (c), of Directive 2003/109/EC, Member States shall extend to 24 consecutive months the period of absence from the territory of the Union during which an EU long-term resident who holds a long-term residence permit bearing the remark referred to in Article 19(2) of this Directive and his or her family members having been granted EU long-term resident status are allowed to be absent. 5. Article 16(1), point (f), Article 16(3), Article 20 and, where applicable, Articles 17 and 22 apply to holders of a long-term residence permit bearing the remark referred to in Article 19(2). 6. Where an EU long-term resident who holds a long-term residence permit bearing the remark referred to in Article 19(2) of this Directive exercises 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) of that Directive shall not apply. The second Member State may apply measures in accordance with Article 21(8) of this Directive.
Article 19 Long-term residence permit
1. Member States shall issue EU Blue Card holders who fulfil the conditions set out in Article 18 of this Directive for the acquisition of EU long-term resident status with a residence permit in accordance with Regulation (EC) No 1030/2002. 2. Member States shall enter the words ‘Former EU Blue Card holder’ in the residence permit referred to in paragraph 1 under the heading ‘remarks’.
Article 20 Short-term mobility
1. Where a third-country national who holds a valid EU Blue Card issued by a Member State that applies 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 carrying out a business activity, the second Member State shall not require any authorisation for exercising such activity other than the EU Blue Card. 2. A third-country national who holds a valid EU Blue Card issued by a Member State that does not apply 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 and a valid travel document. Where the EU Blue Card holder crosses an internal border for which controls have not yet been lifted into a second Member State that applies the Schengen acquis in full, the second Member State may require the EU Blue Card holder to provide evidence of the business purpose of the stay. The second Member State shall not require any authorisation for exercising the business activity other than the EU Blue Card.
Article 21 Long-term mobility
1. After 12 months of legal residence in the first Member State as an EU Blue Card holder, the third-country national shall be entitled to enter, reside and work in a second Member State for the purpose of highly qualified employment on the basis of the EU Blue Card and a valid travel document under the conditions set out in this Article. 2. Where the EU Blue Card is issued by a Member State that does not apply the Schengen acquis in full and the EU Blue Card holder crosses, for the purpose of long-term mobility, an internal border for which controls have not yet been lifted into a second Member State that applies the Schengen acquis in full, the second Member State may require the EU Blue Card holder to present the valid EU Blue Card issued by the first Member State and a work contract or a binding job offer for highly qualified employment for a period of at least 6 months in that second Member State. 3. As soon as possible and no later than 1 month after the EU Blue Card holder has entered the territory of the second Member State, an application for an EU Blue Card shall be submitted to the competent authority of that Member State. That application shall be accompanied by all the documents proving the fulfilment of the conditions referred to in paragraph 4 for the second Member State. Member States shall determine whether applications are to be made by the third-country national or by the employer. Alternatively, Member States may allow applications to be made by either of the two. The EU Blue Card holder shall be allowed to commence work in the second Member State not later than 30 days after the date of submission of the complete application. The application may 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. 4. For the purposes of an application as referred to in paragraph 3, the applicant shall present: (a) the valid EU Blue Card issued by the first Member State; (b) a valid work contract or, as provided for in national law, a binding job offer for highly qualified employment for a period of at least 6 months in the second Member State; (c) for regulated professions, documents attesting to the fulfilment of the conditions set 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; (d) a valid travel document, as specified by national law; and (e) evidence of meeting the salary threshold set in the second Member State in application of Article 5(3) or, where applicable, of Article 5(4) or (5). With regard to point (c) of the first subparagraph, for the purpose of applying for an EU Blue Card in a second Member State, EU Blue Card holders shall enjoy equal treatment with Union citizens as regards recognition of professional qualifications, in accordance with applicable Union and national law. For unregulated professions, where the first Member State has issued an EU Blue Card on the basis of higher professional skills for occupations not listed in Annex I, the applicant may be required to present documents attesting to higher professional qualifications in relation to the work to be carried out, as provided for in the law of the second Member State. 5. For the purposes of an application as referred to in paragraph 3, the Member State concerned may require the applicant: (a) for unregulated professions, where the EU Blue Card holder has worked for less than 2 years in the first Member State, to present documents attesting to higher professional qualifications in relation to the work to be carried out, as provided for in national law; (b) to provide evidence of having, or if provided for by national law, having applied for, sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods when no such insurance coverage or corresponding entitlement to benefits is provided for in connection with, or resulting from, the work contract. 6. The second Member State shall reject an application for an EU Blue Card where: (a) paragraph 4 is not complied with; (b) the documents presented have been fraudulently acquired, falsified or tampered with; (c) the employment does not comply with the conditions laid down under the applicable law, set in collective agreements or established by practices as referred to in Article 5(2); or (d) the EU Blue Card holder poses a threat to public policy, public security or public health. 7. In respect of any application procedure for the purpose of long-term mobility, the procedural safeguards set out in Article 11(2) and (3) shall apply accordingly. Without prejudice to paragraph 4 of this Article, a decision to reject an application for long-term mobility shall take account of the specific circumstances of the case and shall respect the principle of proportionality. 8. The second Member State may reject an application for an EU Blue Card on the basis of a check carried out in accordance with Article 7(2), point (a), only if that Member State carries out such checks when it is the first Member State. 9. The second Member State shall adopt either of the following decisions on an application for an EU Blue Card: (a) where the conditions for mobility laid down in this Article are fulfilled, to issue an EU Blue Card and allow the third-country national to reside in its territory for the purpose of highly qualified employment; or (b) where the conditions for mobility laid down in this Article are not fulfilled, to reject the application and require the applicant and his or her family members, in accordance with the procedures provided for in national law, to leave its territory. By way of derogation from Article 11(1), the second Member State shall notify the applicant and the first Member State of its decision in writing as soon as possible, but not later than 30 days after the date of submission of the complete application. Under exceptional and duly justified circumstances linked to the complexity of the application, a Member State may extend the deadline referred to in the second subparagraph by 30 days. It shall inform the applicant of the extension not later than 30 days after the date of submission of the complete application. In its notification to the first Member State, the second Member State shall specify any grounds referred to in paragraph 6, points (b) and (d), for rejecting the application. 10. Where the EU Blue Card issued by the first Member State expires during the application procedure, the second Member State may issue a national temporary residence permit, or an equivalent authorisation, that allows the applicant to continue to stay legally in its territory until a decision on the application has been taken by the competent authorities. 11. From the second time that an EU Blue Card holder and, where applicable, his or her family members make use of the possibility of moving to another Member State under this Article and Article 22, ‘first Member State’ shall be understood as meaning the Member State from where the person concerned moves and ‘second Member State’ shall be understood as meaning the Member State in which he or she is applying to reside. Notwithstanding paragraph 1 of this Article, an EU Blue Card holder may move to another Member State a second time after 6 months of legal residence in the first Member State as an EU Blue Card holder.
Article 22 Residence in the second Member State for family members
1. Where an EU Blue Card holder moves to a second Member State in accordance with Article 21 and where the EU Blue Card holder’s family was already constituted in the first Member State, the members of his or her family shall be entitled to accompany or join the EU Blue Card holder. Directive 2003/86/EC and Article 17 of this Directive apply in the cases referred to in the first subparagraph of this paragraph, subject to the derogations provided for in paragraphs 2 to 7 of this Article. Where the family was not already constituted in the first Member State, Article 17 of this Directive applies. 2. By way of derogation from Article 13(1) of Directive 2003/86/EC, the EU Blue Card holder’s family members shall be entitled to enter and stay in the second Member State on the basis of the valid residence permits obtained in the first Member State as family members of an EU Blue Card holder. Where the residence permits of the family members are issued by a Member State that does not apply the Schengen acquis in full and those family members join the EU Blue Card holder when crossing an internal border for which controls have not yet been lifted for the purpose of moving to a second Member State that applies the Schengen acquis in full, the second Member State may require the family members to present the residence permits they obtained in the first Member State as family members of the EU Blue Card holder. 3. By way of derogation from Article 5(3) of Directive 2003/86/EC, no later than 1 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 a family member issued by the first Member State expires during the procedure or no longer entitles the holder to reside legally in the second Member State, the second Member State shall allow the family member to stay in its territory until a decision on the application has been taken by the competent authorities of the second Member State, if necessary by issuing a national temporary residence permit or an equivalent authorisation. 4. By way of derogation from Article 5(2) and Article 7(1) of Directive 2003/86/EC, the second Member State may require the family members concerned to present or provide with their application for a residence permit: (a) their residence permit in the first Member State and a valid travel document, or certified copies thereof; (b) evidence that they have resided as members of the family of the EU Blue Card holder in the first Member State; (c) documentary evidence as referred to in Article 7(1), point (b), of Directive 2003/86/EC. 5. Where the conditions set out in this Article are fulfilled and the applications were submitted simultaneously, the second Member State shall issue the residence permits for family members at the same time as the EU Blue Card. By way of derogation from Article 17(4), where the conditions set out in this Article are fulfilled and the family members join the EU Blue Card holder after the EU Blue Card has been granted, residence permits for the family members shall be granted not later than 30 days after the date of submission of the complete application. In duly justified circumstances linked to the complexity of the application, Member States may extend the deadline referred to in the second subparagraph by a maximum of 30 days. 6. This Article applies to family members of EU Blue Card holders who are beneficiaries of international protection only when those EU Blue Card holders move to reside in a Member State other than the Member State which granted them international protection. 7. This Article does not apply to family members of EU Blue Card holders who are beneficiaries of the right to free movement under Union law in the second Member State.
Article 23 Safeguards and sanctions in cases of mobility
1. Notwithstanding Article 8(1), point (a), and Article 8(2), point (a), where an EU Blue Card holder moves to another Member State under Article 21, the first Member State shall not withdraw the EU Blue Card before the second Member State has taken a decision on the application for long-term mobility. 2. Where the second Member State rejects the application for an EU Blue Card in accordance with Article 21(9), point (b), the first Member State shall, at the request of the second Member State, allow the re-entry of the EU Blue Card holder and, where applicable, of his or her 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. 3. The EU Blue Card holder or the employer in the second Member State may be held liable for the costs related to the re-entry of the EU Blue Card holder and of his or her family members as referred to in paragraph 2. 4. Member States may provide for sanctions in accordance with Article 14 against an employer of an EU Blue Card holder, where that employer is responsible for a failure to comply with the conditions of mobility laid down in this Chapter. 5. Where a Member State withdraws or does not renew an EU Blue Card which bears the remark referred to in Article 9(5) and decides to expel the third-country national, it shall request the Member State indicated in that remark to confirm that the person concerned is still a beneficiary of international protection in that Member State. The Member State indicated in that remark shall reply within 1 month after receiving the request for information. Where the third-country national is still a beneficiary of international protection in the Member State indicated in that 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 person and his or her family members. By way of derogation from the second subparagraph of this paragraph, the Member State which adopted the expulsion decision shall retain the right to remove the third-country national, in accordance with its international obligations, to a country other than the Member State which granted international protection, where the conditions specified in Article 21(2) of Directive 2011/95/EU are fulfilled with respect to that third-country national. 6. Where an EU Blue Card holder or his or her family members cross the external border of a Member State that applies the Schengen acquis in full, that Member State shall consult the Schengen Information System in accordance with Regulation (EU) 2016/399. 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.
Article 24 Access to information and monitoring
1. Member States shall make easily accessible to applicants for an EU Blue Card information on the documentary evidence needed for an application, as well as information on entry and residence conditions applicable to third-country nationals falling under the scope of this Directive and to their family members, including their rights and obligations and the procedural safeguards. That information shall include information on the salary thresholds set in the Member State concerned in accordance with Article 5(3), (4) and (5) and on the applicable fees. That information shall also include information on: (a) business activities in the territory of the Member State concerned in which an EU Blue Card holder from another Member State as referred to in Article 20 is allowed to engage; and (b) the procedures applicable to obtaining an EU Blue Card and residence permits for family members in a second Member State, as referred to in Articles 21 and 22. Where Member States decide to introduce legislative or regulatory measures in accordance with Article 6 or to make use of the possibility provided for by Article 7(2), point (a), they shall communicate information about such decisions in the same way. Information regarding any checks of the labour market situation pursuant to Article 7(2), point (a), shall specify, where appropriate, the sectors, occupations and regions concerned. 2. Where Member States issue national residence permits for the purpose of highly qualified employment, they shall ensure the same access to information on the EU Blue Card as is provided with respect to national residence permits. 3. Member States shall communicate the following information to the Commission at least once per year and whenever the information is modified: (a) the factor they have set for determining the annual salary thresholds in accordance with Article 5(3) or, where applicable, Article 5(4) or (5), and the resulting nominal amounts; (b) the list of the professions for which a lower salary threshold in accordance with Article 5(4) applies; (c) a list of allowed business activities, for the purposes of Article 20; (d) information on legislative or regulatory measures as referred to in Article 6, where applicable; (e) information regarding any checks of the labour market situation provided for in Article 7(2), point (a), where applicable. Where Member States reject applications for an EU Blue Card based on ethical recruitment considerations in accordance with Article 7(2), point (e), they shall communicate and justify such rejections to the Commission and to the other Member States each year with respect to the countries and professions concerned. Member States shall inform the Commission of agreements with third countries concluded in accordance with Article 7(2), point (e).
Article 25 Statistics
1. By 18 November 2025, and annually thereafter, Member States shall, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council ( 25 ) , communicate to the Commission statistics on the number of third-country nationals who were granted an EU Blue Card and those whose applications were rejected during the previous calendar year, specifying the applications that were considered inadmissible on grounds of Article 6 of this Directive or that were rejected under Article 7(2), point (a), of this Directive, as well as statistics on the numbers of third-country nationals whose EU Blue Card was renewed or withdrawn during the previous calendar year. Those statistics shall be disaggregated by citizenship, length of validity of permits, sex and age and, where available, by occupation, the size of the employer’s undertaking and economic sector. The statistics on third-country nationals who have been granted an EU Blue Card shall be further disaggregated with respect to beneficiaries of international protection, beneficiaries of the right to free movement and those who have acquired EU long-term resident status in a Member State in accordance with Article 18 of this Directive. 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 their family members who have been granted residence permits in a second Member State in accordance with Articles 21 and 22 of this Directive, the information provided shall, in addition, specify the Member State of previous residence. 2. For the purpose of the implementation of Article 5(3), (4) and (5) of this Directive, reference shall be made to data provided by Member States to Eurostat in accordance with Regulation (EU) No 549/2013 of the European Parliament and of the Council ( 26 ) and, where appropriate, to national data.
Article 26 List of occupations in Annex I
1. The occupations for which the knowledge, skills and competences attested by a number of required years of relevant professional experience are considered equivalent to the knowledge, skills and competence attested by higher education qualifications for the purpose of applying for an EU Blue Card shall be listed in Annex I. 2. By 18 November 2026, and every 2 years thereafter, the Commission shall submit a report to the European Parliament and to the Council on its assessment of the list of occupations in Annex I, taking into account the changing needs of the labour market. Those reports shall be drawn up after consulting national authorities, on the basis of a public consultation which shall include the social partners. On the basis of those reports, if appropriate, the Commission may submit legislative proposals for the amendment of Annex I.
Article 27 Reporting
By 18 November 2026, and every 4 years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the application of this Directive in the Member States. Those reports shall, in particular, assess the impact of Articles 5 and 13 and Chapter V. The Commission shall propose any amendments that it considers to be necessary. The Commission shall specifically assess the relevance of the salary threshold set in Article 5 and of the derogations provided for in that Article, taking into account, inter alia, the diversity of the economic, sectoral and geographical situations.
Article 28 Cooperation between contact points
1. Member States shall appoint contact points which shall be responsible for receiving and transmitting the information needed to implement Articles 18, 20, 21 and 24 and shall cooperate effectively with each other. 2. The contact points referred to in paragraph 1 of this Article shall in particular cooperate effectively regarding validation arrangements with stakeholders in the education, training, employment and youth sectors, as well as in other relevant policy areas, needed to implement Article 5(1), point (b). 3. Member States shall ensure appropriate cooperation in the exchange of the information referred to in paragraph 1. Member States shall give preference to exchanging information via electronic means.
Article 29 Amendment of Directive (EU) 2016/801
In Article 2(2) of Directive (EU) 2016/801, point (g) is replaced by the following: ‘(g) who apply to reside in a Member State for the purpose of highly qualified employment within the meaning of Directive (EU) 2021/1883 of the European Parliament and of the Council ( *1 ) .
Article 30 Repeal of Directive 2009/50/EC
Directive 2009/50/EC is repealed with effect from 19 November 2023. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex II.
Article 31 Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 November 2023. They shall immediately communicate the text of those measures to the Commission. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated. 2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
Article 32 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 33 Addressees
This Directive is addressed to the Member States in accordance with the Treaties.