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 5
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 8 CELEX: 32021L1883 Grounds for withdrawing or not renewing an EU Blue Card
1. A Member State shall withdraw or refuse to renew an EU Blue Card where: (a) the EU Blue Card or the documents presented have been fraudulently acquired, falsified or tampered with; (b) the third-country national concerned no longer holds a valid work contract for highly qualified employment; (c) the third-country national concerned no longer holds the qualifications referred to in Article 5(1), point (b) or (c); or (d) the salary of the third-country national concerned no longer meets the salary threshold set in accordance with Article 5(3), (4) or (5), as applicable. |
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 8 CELEX: 32021L1883 2. A Member State may withdraw or refuse to renew an EU Blue Card: (a) for reasons of public policy, public security or public health; (b) where appropriate, where the employer has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions; (c) where the EU Blue Card holder does not have sufficient resources to maintain himself or herself and, where applicable, the members of his or her family without having recourse to the social assistance system of that Member State; (d) where the EU Blue Card holder is residing in that Member State for purposes other than those for which he or she was authorised to reside; (e) where the conditions under the applicable law, set in collective agreements or established by practices in the relevant occupational branches for highly qualified employment are no longer met; (f) where the EU Blue Card holder has not complied with the relevant procedures as provided for in Article 15(2), point (a), or in Article 15(3) or (4); (g) where the EU Blue Card holder no longer holds a valid travel document, provided that, prior to withdrawing the EU Blue Card, that Member State had set a reasonable deadline for that EU Blue Card holder to obtain and present a valid travel document; or (h) where the EU Blue Card holder fails to comply with the conditions of mobility under Chapter V. For the purposes of point (c) of the first subparagraph, a Member State shall evaluate the sufficiency of resources by reference to their nature and regularity and may take into account the level of minimum national wages, minimum income or minimum pensions as well as the number of family members of the EU Blue Card holder. Such evaluation shall take into account the contributions of the family members to the household income. |
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 8 CELEX: 32021L1883 3. By way of derogation from paragraph 2, first subparagraph, point (f), of this Article, a failure to make a communication required under Article 15(2), point (a), or Article 15(3) or (4) shall not be considered to be a sufficient reason for withdrawing or not renewing the EU Blue Card if the EU Blue Card holder proves that the communication did not reach the competent authorities for a reason outside his or her control. 4. By way of derogation from paragraph 1, points (b) and (d), Member States may decide not to withdraw or not to refuse to renew an EU Blue Card where the EU Blue Card holder temporarily, in any case for no longer than 12 months, does not fulfil the criteria for admission set out in Article 5(1), point (a), Article 5(3) or, where applicable, Article 5(4) or (5), as a result of illness, disability or parental leave. |
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 8 CELEX: 32021L1883 5. By way of derogation from paragraph 1, points (b) and (d), and paragraph 2, first subparagraph, point (c), the EU Blue Card shall not be withdrawn and its renewal shall not be refused in the event of the unemployment of the EU Blue Card holder, except where: (a) the EU Blue Card holder cumulates a period of unemployment exceeding 3 months and has held an EU Blue Card for less than 2 years; or (b) the EU Blue Card holder cumulates a period of unemployment exceeding 6 months and has held an EU Blue Card for at least 2 years. Member States may allow longer periods of unemployment to cumulate before withdrawing or not renewing the EU Blue Card. 6. Where a Member State intends to withdraw or not to renew an EU Blue Card in accordance with paragraph 2, first subparagraph, point (b) or (e), the competent authority shall notify the EU Blue Card holder in advance and shall set a reasonable deadline of at least 3 months for the EU Blue Card holder to seek new employment, subject to the conditions set out in Article 15(1), (2) and (3). The period for seeking employment shall be at least 6 months where the EU Blue Card holder has been previously employed for at least 2 years. |
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 8 CELEX: 32021L1883 7. Without prejudice to paragraph 1, any decision to withdraw or to refuse to renew an EU Blue Card shall take account of the specific circumstances of the case and shall respect the principle of proportionality. |