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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  10

CELEX:  32021L1883

Applications for admission
1. Member States shall determine whether applications for an EU Blue Card are to be made by the third-country national or by the employer. Alternatively, Member States may allow applications to be made by either of the two.
2. An application for an EU Blue Card shall be considered and examined either when the third-country national concerned is residing outside the territory of the Member State to which he or she wishes to be admitted, or when he or she is already residing in the territory of that Member State as holder of a valid residence permit or long-stay visa.
3. By way of derogation from paragraph 2, a Member State may accept, in accordance with its national law, an application for an EU Blue Card submitted by a third-country national who is not in possession of a valid residence permit or long-stay visa but is legally present in its territory.