FantasticSearch

Scroll to: TopResults

Explore European Union Legislation by Asking a Legal Question

assisted-checkbox

filter-instruction-1
positive-filters
negative-filters
act-filter tabs-all

parameters-title

query

assisted-checkbox:

result-title

total 6

Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC

article  5

CELEX:  32021L1883

1. As regards the admission of a third-country national under this Directive, an applicant for an EU Blue Card shall:
(a) present a valid work contract or, as provided for in national law, a binding job offer for highly qualified employment for a period of at least 6 months in the Member State concerned;
(b) for unregulated professions, present documents attesting to relevant higher professional qualifications in relation to the work to be carried out;
(c) for regulated professions, present documents attesting to the fulfilment of the conditions set out under national law for the exercise by Union citizens of the regulated profession specified in the work contract or binding job offer, in accordance with national law;
(d) present a valid travel document, as determined by national law, and, if required, an application for a visa, a valid visa or, where applicable, a valid residence permit or valid long-stay visa;
(e) provide evidence of having or, if provided for by national law, having applied for, sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods when no such insurance coverage or corresponding entitlement to benefits is provided for in connection with, or resulting from, the work contract.
Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC

article  5

CELEX:  32021L1883

2. Member States shall require that the conditions under the applicable law, set in collective agreements or established by practices in the relevant occupational branches for highly qualified employment are met.
3. In addition to the requirements laid down in paragraphs 1 and 2, the amount of gross annual salary resulting from the monthly or annual salary specified in the work contract or binding job offer shall not be lower than the salary threshold set and published for that purpose by the Member State concerned. The salary threshold referred to in the first subparagraph shall be set by the Member State concerned, after consulting the social partners according to national practices. It shall be at least 1,0 times, but not higher than 1,6 times, the average gross annual salary in the Member State concerned.
Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC

article  5

CELEX:  32021L1883

4. By way of derogation from paragraph 3, for employment in professions in which there is particular need of third-country national workers and which belong to major groups 1 and 2 of the ISCO classification, a Member State may apply a lower salary threshold that is at least 80 % of the salary threshold set by that Member State in accordance with paragraph 3, provided that the lower salary threshold is not lower than 1,0 times the average gross annual salary in that Member State.
Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC

article  5

CELEX:  32021L1883

5. By way of derogation from paragraph 3, as regards third-country nationals who have obtained a higher education qualification no more than 3 years before submitting the application for an EU Blue Card, a Member State may apply a lower salary threshold that is at least 80 % of the salary threshold set by that Member State in accordance with paragraph 3, provided that the lower salary threshold is not lower than 1,0 times the average gross annual salary in the Member State concerned. Where the EU Blue Card issued during the period of 3 years is renewed, the salary threshold referred to in the first subparagraph shall continue to apply if:
(a) the initial period of 3 years has not elapsed; or (b) a period of 24 months after the issuance of the first EU Blue Card has not elapsed.
Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC

article  5

CELEX:  32021L1883

6. Where an application for an EU Blue Card concerns a third-country national who holds a national residence permit for the purpose of highly qualified employment issued by the same Member State, that Member State shall not:
(a) require the applicant to present the documents provided for in paragraph 1, point (b) or (c), if the relevant higher professional qualifications were already verified in the context of the application for the national residence permit;
(b) require the applicant to present the evidence provided for in paragraph 1, point (e), of this Article unless the application is submitted in the context of a change of employment, in which case Article 15 shall apply accordingly; and (c) apply Article 7(2), point (a), unless the application is submitted in the context of a change of employment, in which case Article 15 shall apply accordingly.
Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC

article  5

CELEX:  32021L1883

7. Member States may require the third-country national concerned to provide his or her address in their territory. Where the law of a Member State requires an address to be provided at the time of application, and the third-country national concerned does not yet know his or her future address, Member States shall accept a temporary address. In such cases, the third-country national shall provide his or her permanent address at the latest when the EU Blue Card is issued pursuant to Article 9.