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