Derogations from Directive 2003/109/EC should be provided for in order to extend the period of absence from the territory of the Community without interrupting the period of legal and continuous residence necessary to be eligible for EC long-term resident status. The Treaty provides that the Council is to adopt measures on immigration policy relating to conditions of entry and residence, standards on procedures for the issue by Member States of long-term visas and residence permits, and measures defining the rights and conditions under which nationals of third-countries who are legally resident in a Member State may reside in other Member States. Exactly this program was started in Europe in 2011, a demand-driven, residence and work permit. The EU Blue Card is a new residence title for specific purposes, used in Germany since 2012. The format of the EU Blue Card should be in accordance with Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (6), thus enabling the Member States to refer to the information, in particular, under which conditions the person is permitted to work. 8. The Member State concerned shall grant the third-country national every facility to obtain the requisite visas. Modifications that affect the conditions for admission shall be subject to prior communication or, if provided for by national law, prior authorisation. 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. I was lucky to receive invaluable support from the legal department of my current company, which helped me submit all the necessary documents. Where to file the application? 2. Derogations from Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (11) should be provided for in order not to penalise geographically mobile highly qualified third-country workers who have not yet acquired the EC long-term resident status referred to in that Directive, and in order to encourage geographical and circular migration. Applicants must provide proof they completed university-level studies or have a comparable qualification. In cases where the residence permit of the family members issued by the first Member State expires during the procedure or no longer entitles the holder to reside legally on the territory of the second Member State, Member States shall allow the person to stay in their territory, if necessary by issuing national temporary residence permits, or equivalent authorisations, allowing the applicant to continue to stay legally on their territory with the EU Blue Card holder until a decision on the application has been taken by the competent authorities of the second Member State. A third-country national who has applied and fulfils the requirements set out in Article 5 and for whom the competent authorities have taken a positive decision in accordance with Article 8 shall be issued with an EU Blue Card. The Commission shall notably assess the relevance of the salary threshold defined in Article 5 and of the derogations provided for in that Article, taking into account, inter alia, the diversity of the economical, sectorial and geographical situations within the Member States. 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. 1. 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. When the EU Blue Card holder moves to a second Member State in accordance with Article 18 and a positive decision on the issuing of an EU Blue Card has not yet been taken, Member States may limit equal treatment in the areas listed in paragraph 1, with the exception of 1(b) and (d). The card facilitates the admission of non-EU highly skilled professionals into the EU. Fachkräfte, die mit der Blue Card einwandern können, werden dringend gesucht. 2. 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. They shall forthwith inform the Commission thereof. By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, residence permits for family members shall be granted, where the conditions for family reunification are fulfilled, at the latest within six months from the date on which the application was lodged. ‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty; ‘highly qualified employment’ means the employment of a person who: in the Member State concerned, is protected as an employee under national employment law and/or in accordance with national practice, irrespective of the legal relationship, for the purpose of exercising genuine and effective work for, or under the direction of, someone else. They must also be paid rather well in order to receive the card. 1. Having regard to the Treaty establishing the European Community, and in particular points (3)(a) and (4) of the first subparagraph of Article 63 thereof. You can get a permit for the period of time you are being offered work but for no longer than your passport is valid. After consulting the European Economic and Social Committee (2). Es gibt momentan keine freien Stellen. In accordance with the procedures set out in Article 11, the second Member State shall process the application and inform in writing the applicant and the first Member State of its decision to either: issue an EU Blue Card and allow the applicant to reside on its territory for highly qualified employment where the conditions set in this Article are fulfilled and under the conditions set out in Articles 7 to 14; or. You must take your passport with you when you go to get your decision. 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 of the person concerned. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 June 2011. 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). The second Member State may require the EU Blue Card holder to provide evidence that the holder: has an accommodation regarded as normal for a comparable family in the same region and which meets the general health and safety standards in the Member State concerned; has stable and regular resources which are sufficient to maintain himself and the members of his family, without recourse to the social assistance of the Member State concerned. To reach these goals, it is necessary to facilitate the admission of highly qualified workers and their families by establishing a fast-track admission procedure and by granting them equal social and economic rights as nationals of the host Member State in a number of areas. Directive 2003/86/EC shall apply with the derogations laid down in this Article. Since the objectives of this Directive, namely the introduction of a special admission procedure and the adoption of conditions of entry and residence for more than three months applicable to third-country nationals in the Member States for the purposes of highly qualified employment and their family members, cannot be sufficiently achieved by the Member States, especially as regards ensuring their mobility between Member States, and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. This Directive should be without prejudice to the competence of the Member States to maintain or to introduce new national residence permits for any purpose of employment. EU Blue Card holders shall enjoy equal treatment with nationals of the Member State issuing the Blue Card, as regards: (a) working conditions, including pay and dismissal, 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 … The derogation included in Article 15(3) of this Directive does not preclude Member States from maintaining or introducing integration conditions and measures, including language learning, for the members of the family of an EU Blue Card holder. The occupational and geographical mobility of third-country highly qualified workers should be recognised as a primary mechanism for improving labour market efficiency, preventing skill shortages and offsetting regional imbalances. dient dem Ziel, den Standort Deutschland attraktiver zu machen. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. 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 foreign national does not need a separate work permit. Gleichzeitig mit der Einführung der Blauen Karte EU hat das neue Aufenthaltsgesetz in Deutschland die gesetzlichen Voraussetzungen für eine 5. This Directive shall be without prejudice to the right of the Member States to issue residence permits other than an EU Blue Card for any purpose of employment. 5. 6. Sie spricht gut ausgebildete ausländische Zuwanderer an und 2. This Directive shall be without prejudice to any agreement between the Community and/or its Member States and one or more third countries, that lists the professions which should not fall under this Directive in order to assure ethical recruitment, in sectors suffering from a lack of personnel, by protecting human resources in the developing countries which are signatories to these agreements. Member States shall provide appropriate cooperation in the exchange of the information and documentation referred to in paragraph 1. This should include also third-country nationals who seek to remain on the territory of a Member State in order to exercise a paid economic activity and who are legally resident in that Member State under other schemes, such as students having just completed their studies or researchers having been admitted pursuant to Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (4) and Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (5) respectively, and who do not enjoy consolidated access to the labour market of the Member State under Community or national law. Member States shall communicate to the Commission and the other Member States if legislative or regulatory measures are enacted in respect of Articles 6, 8(2) and 18(6). Sie verleiht das Recht, in Deutschland zu arbeiten und zu leben. It permits its holder to enter and remain in a particular EU country for employment. Sign up today! This document is an excerpt from the EUR-Lex website, Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 155, 18.6.2009, p. 17–29 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)Special edition in Croatian: Chapter 19 Volume 011 P. 135 - 147, ELI: http://data.europa.eu/eli/dir/2009/50/oj, on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. Moreover, applicants must present an employment contract or a binding job offer where they are applying. The sole purpose of this salary threshold is to help to determine, taking into account a statistical observation published by the Commission (Eurostat) or by the Member States concerned, the scope of the EU Blue Card established by each Member State on the basis of common rules. Total of 25 countries in Europe offer immigration specialists via the EU Blue Card. 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. The EU blue card for Germany is a residence title for specific purposes; it provides an evidence for the legal stay of a citizen from a non-EU-country in an EU- member state for the purpose of working. The EU Blue Card is issued for the duration of your work contract, including 3 additional months, and is limited to a 4-year period. In implementing this Directive, Member States should refrain from pursuing active recruitment in developing countries in sectors suffering from a lack of personnel. The application procedure is relatively short - for me it took 3 months - and I was granted a residence permit that lasts for three years. With respect to paragraph 1(c) and (g) the Member State concerned may restrict equal treatment as regards study and maintenance grants and loans or other grants and loans regarding secondary and higher education and vocational training, and procedures for obtaining housing. Use, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. ‘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. 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. EC long-term resident status for EU Blue Card holders. Über 1,4 Millionen Stellen waren Ende 2019 in Deutschland unbesetzt. 2. For the purpose of the implementation of Article 5(3) and, where appropriate, 5(5), reference shall be made to Commission (Eurostat) data and, where appropriate, national data. Such evaluation shall not take place during the period of unemployment referred to in Article 13; if the person concerned has not communicated his address; when the EU Blue Card holder applies for social assistance, provided that the appropriate written information has been provided to him in advance by the Member State concerned. The European Council of 14 and 15 December 2006 agreed on a series of steps for 2007, among which to develop well-managed legal immigration policies, fully respecting national competences, to assist Member States in meeting existing and future labour needs. La tarjeta azul UE Alemania es un nuevo permiso de residencia en Alemania desde el año 2012. The EU Blue Card applies in 25 of the 27 … Both times spent in Germany, as well as periods in which you have lived in another EU Member State, will count towards this qualification period. 1. If you hold an EU Blue Card, you are entitled to an EU long-term residence permit after five years. The European Blue Card provides comprehensive socio-economic rights and a path towards permanent residence and EU citizenship. Having regard to the opinion of the European Parliament (1). EU Blue Card holders shall enjoy equal treatment with nationals of the Member State issuing the Blue Card, as regards: working conditions, including pay and dismissal, as well as health and safety requirements at the workplace; freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security; recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures; provisions in national law regarding the branches of social security as defined in Regulation (EEC) No 1408/71. Diese Website benutzt Cookies. By way of derogation from the second sentence of Article 14(2) of Directive 2003/86/EC, Member States shall not apply any time limit in respect of access to the labour market. 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