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This Directive shall apply to third-country nationals who apply to be admitted to the territory of a Member State for the purpose of highly qualified employment under the terms of this Directive. For the gradual establishment of an area of freedom, security and justice, the Treaty provides for measures to be adopted in the fields of asylum, immigration and protection of the rights of third-country nationals. 3. This Article shall be applied without prejudice to the principle of Community preference as expressed in the relevant provisions of the Acts of Accession of 2003 and 2005, in particular with respect to the rights of nationals of the Member States concerned to access the labour market. 1. 8. So the blue card is a card for citizens from non-EU-states. 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 18 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 the following conditions are met: five years of legal and continuous residence within the territory of the Community as an EU Blue Card holder; and. The notification shall specify the reasons for the decision, the possible redress procedures available and the time limit for taking action. EU Blue Card holders and their families can enter, re-enter and stay in the EU country that issues the card and pass through other EU countries. The countries which do not participate in the Blue Card scheme are the United Kingdom, Ireland, and Denmark. If the EU Blue Card issued by the first Member State expires during the procedure, Member States may issue, if 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. 2. Sign up today! 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 residence permits issued to the EU Blue Card holder insofar as the period of validity of their travel documents allows it. This Directive shall not affect the right of Member States to adopt or retain more favourable provisions for persons to whom it applies in respect of the following provisions of this Directive: Article 5(3) in application of Article 18; Articles 11, 12(1), second sentence, 12(2), 13, 14, 15 and 16(4). As soon as possible and no later than one month after entering the territory of the second Member State, the EU Blue Card holder and/or his employer shall present 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 set out in Article 5 for the second Member State. En même temps que l’introduction de la carte bleue européenne, le nouveau droit de séjour en Allemagne a amélioré les conditions juridiques pour l’emploi d’étudiants étrangers après l’obtention d’un diplôme universitaire The sole EU members not participating are Denmark and Ireland. Member States shall appoint contact points which shall be responsible for receiving and transmitting the information referred to in Articles 16, 18 and 20. refuse to issue an EU Blue Card and oblige the applicant and his family members, in accordance with the procedures provided for by national law, including removal procedures, to leave its territory where the conditions set out in this Article are not fulfilled. 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 a relevant salary threshold defined and published for that purpose by the Member States, which shall be at least 1,5 times the average gross annual salary in the Member State concerned. 2. The EU Blue Card scheme was created in 2009 in a bid of the EU to attract highly-qualified workers from non-EU/EEA countries and grant them the right to reside and work in an EU country. This Directive aims only at defining the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment within the EU Blue Card system, including the eligibility criteria related to a salary threshold. After these first two years, where the Member State concerned does not make use of the possibility provided for in paragraph 1 regarding equal treatment, the person concerned shall, in accordance with national procedures, communicate changes that affect the conditions of Article 5 to the competent authorities of the Member State of residence. To an extent the EU Blue Card program is a merit-based system; interpreting a person with ‘merits’ as one who received adequate education or, through professional experience possesses sought-after skills. Member States may retain restrictions on access to employment activities, in cases where, in accordance with existing national or Community law, these activities are reserved to nationals, Union citizens or EEA citizens. During the period of its validity, the EU Blue Card shall entitle its holder to: enter, re-enter and stay in the territory of the Member State issuing the EU Blue Card; 1. The second Member State may decide, in accordance with national law, not to allow the applicant to work until the positive decision on the application has been taken by its competent authority. EU Blue Card holders should enjoy equal treatment as regards social security. Ethical recruitment policies and principles applicable to public and private sector employers should be developed in key sectors, for example the health sector, as underlined in 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 to 2013) and the education sector, as appropriate. 3. 2. allemand. When the EU Blue Card holder moves to a second Member State in accordance with Article 18 and when the family was already constituted in the first Member State, the members of his family shall be authorised to accompany or join him. This is mandatory as of 1 September 2020. An application for an EU Blue Card may also be considered as inadmissible on the grounds of Article 6. 22-year-old Tyler comes from the USA and has lived in Germany for 10 months. The EU Blue Card Directive is implemented in Dutch immigration legislation. The EU Blue Card applies in 25 of the 27 … Member States shall withdraw or refuse to renew an EU Blue Card issued on the basis of this Directive in the following cases: when it has been fraudulently acquired, or has been falsified or tampered with; wherever it appears that the holder did not meet or no longer meets the conditions for entry and residence laid down in this Directive or is residing for purposes other than that for which the holder was authorised to reside; when the holder has not respected the limitations set out in Articles 12(1) and (2) and 13. 4. Working in the Netherlands EU blue card holder EU blue card holder You wish to work in the Netherlands as a holder of a European blue card from another Member State. Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third-countries who are not already covered by those provisions solely on the ground of their nationality (9) extends the provisions of Regulation (EEC) No 1408/71 to third-country nationals who are legally residing in the Community and who are in a cross-border situation. This Directive should be without prejudice to the right of the Member States to determine the volumes of admission of third-country nationals entering their territory for the purposes of highly qualified employment. Once a Member State has decided to admit a third-country national fulfilling the relevant criteria, the third-country national who applied for an EU Blue Card should receive the specific residence permit provided for by this Directive, which should grant progressive access to the labour market and residence and mobility rights to him and his family. 3. An EU Blue Card is a residence permit for qualified non-EU foreign nationals to work in an EU country. 2. If the work contract covers a period less than this period, the EU Blue Card shall be issued or renewed for the duration of the work contract plus three months. The period referred to in paragraph 1 shall be suspended until the authorities have received the additional information or documents required. The EU Blue Card is not points-based; either you have the edu… Sie verleiht das Recht, in Deutschland zu arbeiten und zu leben. Under the heading ‘type of permit’ in the residence permit, Member States shall enter ‘EU Blue Card’. EU Blue Card gives you access to work and live in EU member states and Schengen zone. The European Council invited the Commission to present a policy plan on legal migration, including admission procedures, capable of responding promptly to fluctuating demands for migrant labour in the labour market. Member States may require the period of validity of the travel document to cover at least the initial duration of the residence permit; 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; not be considered to pose a threat to public policy, public security or public health. The second Member State may require the family members concerned to present with their application for a residence permit: their residence permit in the first Member State and a valid travel document, or their certified copies, as well as a visa, if required; evidence that they have resided as members of the family of the EU Blue Card holder in the first Member State; evidence that they have a sickness insurance covering all risks in the second Member State, or that the EU Blue Card holder has such insurance for them. 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 wishes to be admitted or when he is already residing in that Member State as holder of a valid residence permit or national long-stay visa. La tarjeta azul UE Alemania es un nuevo permiso de residencia en Alemania desde el año 2012. From the second time that an EU Blue Card holder, and where applicable, his family members, makes use of the possibility to move to another Member State under the terms of this Chapter, ‘first Member State’ shall be understood as the Member States from where the person concerned moves and ‘second Member State’ as the Member State to which he is applying to reside. This paragraph shall apply also in cases where the EU Blue Card holder has not made use of the possibility provided for in Article 18. In application of this Article, Member States may continue to apply volumes of admission as referred to in Article 6. The purpose of this Directive is to determine: the conditions of entry and residence for more than three months in the territory of the Member States of third-country nationals for the purpose of highly qualified employment as EU Blue Card holders, and of their family members; the conditions for entry and residence of third-country nationals and of their family members under point (a) in Member States other than the first Member State. The term Blue Card was coined by the think tank Bruegel, inspired by the United States' Green Card and making reference to the European flag which is blue with twelve golden stars. Statistics on admitted family members shall be communicated in the same manner, except as regards information on their occupation. You can obtain an EU Blue Card through Hungary. The EU Blue Card is a residence title for graduates which is intended to facilitate and promote the permanent immigration of highly-qualified persons from outside the EU to Germany. Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum national wages and pensions as well as the number of family members. 2. EU adopts Blue Card scheme for skilled migrants 26. If additional information or documents have not been provided within the deadline, the application may be rejected. ‘EU Blue Card’ means the authorisation 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 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, by way of derogation, when provided for by national law, attested by at least five 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; ‘higher education qualification’ 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 programme, namely a set of courses provided by an educational establishment recognised as a higher education institution by the State in which it is situated. The special provisions in the Annex to Regulation (EC) No 859/2003 shall apply accordingly; without prejudice to existing bilateral agreements, payment of income-related acquired statutory pensions in respect of old age, at the rate applied by virtue of the law of the debtor Member State(s) when moving to a third country; 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; free access to the entire territory of the Member State concerned, within the limits provided for by national law. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 June 2011. In accordance with paragraph 34 of the Interinstitutional agreement of the European Parliament, the Council and the Commission on better law-making (14), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between the Directive and the transposition measures, and make them public. 4. 5. Favourable conditions for family reunification and for access to work for spouses should be a fundamental element of this Directive which aims to attract highly qualified third-country workers. 2. The decision will be sent to the embassy or consulate-general you stated in your application. A Germany EU Blue Card is a German residence permit title for third country nationals wishing to work in Germany. This Directive is intended to contribute to achieving these goals and addressing labour shortages by fostering the admission and mobility — for the purposes of highly qualified employment — of third-country nationals for stays of more than three months, in order to make the Community more attractive to such workers from around the world and sustain its competitiveness and economic growth. What is an EU Blue Card? 3. Beschäftigungsaufnahme ausländischer Studierender nach dem Studienabschluss an einer deutschen Hochschule verbessert. 2. EU Blue Card holders who fulfil the conditions set out in Article 16 of this Directive for the acquisition of the EC long-term resident status shall be issued with a residence permit in accordance with Article 1(2)(a) of Regulation (EC) No 1030/2002. 6. The lack of communication pursuant to Article 12(2) second subparagraph and 13(4) shall not be considered to be a sufficient reason for withdrawing or not renewing the EU Blue Card if the holder can prove that the communication did not reach the competent authorities for a reason independent of the holder's will. For the purpose of calculating the period of legal and continuous residence in the Community 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 Community shall not interrupt the period referred to in paragraph 2(a) of this Article if they are shorter than 12 consecutive months and do not exceed in total 18 months within the period referred to in paragraph 2(a) of this Article. (2) Opinion of 9 July 2008 (not yet published in the Official Journal). The EU Blue Card is an EU-wide work permit which allows highly-skilled non-EU citizens to live and work in the EU.Besides that, it offers many other benefits to potential card holders that are quite attractive. 1. This Directive shall enter into force on the day following its publication in the Official Journal of the European Union. 3. 4. This Directive fully respects the competences of Member States, particularly on employment, labour and social matters. By way of derogation to paragraph 3, and for employment in professions which are in particular need of third-country national workers and which belong to the major groups 1 and 2 of ISCO, the salary threshold may be at least 1,2 times the average gross annual salary in the Member State concerned. 5. Measures to attract and retain highly qualified third-country workers as part of an approach based on the needs of Member States should be seen in the broader context established by the Lisbon Strategy and by the Commission Communication of 11 December 2007 on the integrated guidelines for growth and jobs. This Directive, furthermore, should not grant rights in relation to situations which lie outside the scope of Community law such as, for example, the situation of family members residing in a third country. The definition of a common minimum denominator for the salary threshold is necessary to ensure a minimum level of harmonisation in the admission conditions throughout the Community. The mobility of highly qualified third-country workers between the Community and their countries of origin should be fostered and sustained. 1. 5. This Directive shall not apply to third-country nationals: who are authorised to reside in a Member State on the basis of temporary protection or have applied for authorisation to reside on that basis and are awaiting a decision on their status; who are beneficiaries of international protection under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (15) or have applied for international protection under that Directive and whose application has not yet given rise to a final decision; who are beneficiaries of protection in accordance with national law, international obligations or practice of the Member State or have applied for protection in accordance with national law, international obligations or practice of the Member State and whose application has not given rise to a final decision; who apply to reside in a Member State as researchers, within the meaning of Directive 2005/71/EC, in order to carry out a research project; who are family members of Union citizens who have exercised, or are exercising, their right to free movement within the Community in conformity with 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 (16); who enjoy EC 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; 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; who have been admitted to the territory of a Member State as seasonal workers; whose expulsion has been suspended for reasons of fact or law; who are covered by 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 (17) as long as they are posted on the territory of the Member State concerned. 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