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.
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.
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.
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.
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.
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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
