Richtlijn 2009/50 - Voorwaarden voor toegang en verblijf van onderdanen van derde landen met het oog op een hooggekwalificeerde baan - Hoofdinhoud

Inhoudsopgave

Samenvatting van Wetgeving
Wettekst

1. Samenvatting van Wetgeving

EU Blue Card — entry and residence of highly qualified workers

SUMMARY OF:

Directive 2009/50/EC — Conditions of entry and residence of non-EU nationals for the purposes of highly-qualified employment

WHAT IS THE AIM OF THE DIRECTIVE?

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It sets out the entry and residence conditions for highly-qualified* non-EU nationals wishing to work in a highly-qualified job in an EU country (other than Denmark, Ireland and the United Kingdom), and for their families.
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It creates an EU Blue Card* system.

KEY POINTS

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Applicants for an EU Blue Card must present:
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  a valid work contract or binding job offer of at least 1 year, providing a salary at least 1.5 times the average gross annual salary in the EU country concerned;
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  documentary proof that they hold the necessary qualifications;
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  a valid travel document and, if required, a visa;
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  proof of health insurance.

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EU countries may reject an application if the above conditions are not met or the documents have been acquired illegally, falsified or tampered with.
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The applicant must not be a threat to public policy, security or health.
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EU countries may determine the number of highly-qualified employees they admit.
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Successful applicants will be issued with an EU Blue Card valid for a standard period of 1-4 years, depending on the EU country concerned, or for the duration of the work contract, if this is shorter than the standard period of validity, plus 3 months.
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The application may be made by the individual and/or their employer, depending on the EU country.
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For the first 2 years, EU Blue Card holders are restricted to highly-qualified jobs that meet the criteria for admission. After that they may apply on equal terms with a country’s nationals for other highly-qualified employment, depending on the EU country concerned.
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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.
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EU Blue Card holders enjoy the same rights as a country’s nationals in terms of working conditions, education, recognition of qualifications, aspects of social security and freedom of association. EU countries may restrict some of these, particularly educational grants and loans.
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National authorities may withdraw an EU Blue Card, or refrain from renewing it, if the holder no longer meets the original conditions, has been unemployed for more than 3 months or is considered a public threat.
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After 18 months’ legal residence, an EU Blue Card holder benefits from some facilitation to obtain the necessary visa to move to another EU country. Provided they again meet the admission criteria, they can be allowed to start working before a decision is taken, and family members can join them immediately.
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The Commission reports every 3 years on how the legislation is being applied. The first report was published in June 2014.

Review and proposal

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In 2016, the European Commission issued a proposal to repeal Directive 2009/50/EC. This stemmed from a review of the directive, published in parallel, which concluded that the current directive has many intrinsic weaknesses and that it is not being applied consistently across the EU. Moreover, many EU countries have parallel rules and procedures for the same category of highly-skilled workers. This fragmentation is not efficient, as it creates a burden for employers and applicants. Nor is it effective, as the numbers of permits issued to highly-skilled workers remain limited. This makes it more difficult for the EU to attract and retain the talent it needs.
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The proposal seeks both to address the shortcomings of the previous directive and to extend its scope to include beneficiaries of international protection and non-EU family members of EU citizens. The proposed scheme would also replace parallel national schemes targeting the same group as the Blue Card.
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The proposal also includes the following:
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  more flexible admission conditions (a lower salary threshold; a lower minimum duration of 6 months for the initial contract; simpler rules for recent graduates and workers in shortage occupations; and equivalence between professional experience and formal qualifications);
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  simpler procedures (faster and more flexible procedures; an optional fast-track procedure for trusted employers);
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  broader rights (more flexible labour market access, including self-employed activity on the side; immediate family reunification; easier access to EU long-term residence status);
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  easier travel within the EU (e.g. for short-term business trips across the EU; access to an EU Blue Card in a second EU country).

FROM WHEN DOES THE DIRECTIVE APPLY?

The directive has applied since 19 June 2009. EU countries had to incorporate it into national law by 19 June 2011.

BACKGROUND

For more information, see ‘Legal migration and Integration’ (European Commission).

KEY TERMS

Highly-qualified employee: someone in paid work who has a specific skill set certified by advanced professional qualifications.

EU Blue Card: a work and residence permit bearing the words ‘EU Blue Card’, entitling the holder to live and work in the EU country that issued it.

MAIN DOCUMENT

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, pp. 17-29)

2. Wettekst

Richtlijn 2009/50/EG van de Raad van 25 mei 2009 betreffende de voorwaarden voor toegang en verblijf van onderdanen van derde landen met het oog op een hooggekwalificeerde baan