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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  21

CELEX:  32021L1883

Long-term mobility
1. After 12 months of legal residence in the first Member State as an EU Blue Card holder, the third-country national shall be entitled to enter, reside and work in a second Member State for the purpose of highly qualified employment on the basis of the EU Blue Card and a valid travel document under the conditions set out in this Article.
2. Where the EU Blue Card is issued by a Member State that does not apply the Schengen acquis in full and the EU Blue Card holder crosses, for the purpose of long-term mobility, an internal border for which controls have not yet been lifted into a second Member State that applies the Schengen acquis in full, the second Member State may require the EU Blue Card holder to present the valid EU Blue Card issued by the first Member State and a work contract or a binding job offer for highly qualified employment for a period of at least 6 months in that second 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  21

CELEX:  32021L1883

3. As soon as possible and no later than 1 month after the EU Blue Card holder has entered the territory of the second Member State, an application for an EU Blue Card shall be submitted to the competent authority of that Member State. That application shall be accompanied by all the documents proving the fulfilment of the conditions referred to in paragraph 4 for the second Member State. Member States shall determine whether applications 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. The EU Blue Card holder shall be allowed to commence work in the second Member State not later than 30 days after the date of submission of the complete application. The application may be submitted to the competent authorities of the second Member State while the EU Blue Card holder is still residing in the territory of the first 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  21

CELEX:  32021L1883

4. For the purposes of an application as referred to in paragraph 3, the applicant shall present:
(a) the valid EU Blue Card issued by the first Member State;
(b) 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 second Member State;
(c) for regulated professions, documents attesting to the fulfilment of the conditions set under national law for the exercise by Union citizens of the regulated profession specified in the work contract or binding job offer as provided for in national law;
(d) a valid travel document, as specified by national law; and (e) evidence of meeting the salary threshold set in the second Member State in application of Article 5(3) or, where applicable, of Article 5(4) or (5). With regard to point (c) of the first subparagraph, for the purpose of applying for an EU Blue Card in a second Member State, EU Blue Card holders shall enjoy equal treatment with Union citizens as regards recognition of professional qualifications, in accordance with applicable Union and national law. For unregulated professions, where the first Member State has issued an EU Blue Card on the basis of higher professional skills for occupations not listed in Annex I, the applicant may be required to present documents attesting to higher professional qualifications in relation to the work to be carried out, as provided for in the law of the second 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  21

CELEX:  32021L1883

5. For the purposes of an application as referred to in paragraph 3, the Member State concerned may require the applicant:
(a) for unregulated professions, where the EU Blue Card holder has worked for less than 2 years in the first Member State, to present documents attesting to higher professional qualifications in relation to the work to be carried out, as provided for in national law;
(b) to 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  21

CELEX:  32021L1883

6. The second Member State shall reject an application for an EU Blue Card where:
(a) paragraph 4 is not complied with;
(b) the documents presented have been fraudulently acquired, falsified or tampered with;
(c) the employment does not comply with the conditions laid down under the applicable law, set in collective agreements or established by practices as referred to in Article 5(2); or (d) the EU Blue Card holder poses a threat to public policy, public security or public health.
7. In respect of any application procedure for the purpose of long-term mobility, the procedural safeguards set out in Article 11(2) and (3) shall apply accordingly. Without prejudice to paragraph 4 of this Article, a decision to reject an application for long-term mobility shall take account of the specific circumstances of the case and shall respect the principle of proportionality.
8. The second Member State may reject an application for an EU Blue Card on the basis of a check carried out in accordance with Article 7(2), point (a), only if that Member State carries out such checks when it is the first 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  21

CELEX:  32021L1883

9. The second Member State shall adopt either of the following decisions on an application for an EU Blue Card:
(a) where the conditions for mobility laid down in this Article are fulfilled, to issue an EU Blue Card and allow the third-country national to reside in its territory for the purpose of highly qualified employment; or (b) where the conditions for mobility laid down in this Article are not fulfilled, to reject the application and require the applicant and his or her family members, in accordance with the procedures provided for in national law, to leave its territory. By way of derogation from Article 11(1), the second Member State shall notify the applicant and the first Member State of its decision in writing as soon as possible, but not later than 30 days after the date of submission of the complete application. Under exceptional and duly justified circumstances linked to the complexity of the application, a Member State may extend the deadline referred to in the second subparagraph by 30 days. It shall inform the applicant of the extension not later than 30 days after the date of submission of the complete application. In its notification to the first Member State, the second Member State shall specify any grounds referred to in paragraph 6, points (b) and (d), for rejecting the application.
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  21

CELEX:  32021L1883

10. Where the EU Blue Card issued by the first Member State expires during the application procedure, the second Member State may issue a national temporary residence permit, or an equivalent authorisation, that allows the applicant to continue to stay legally in its territory until a decision on the application has been taken by the competent authorities.
11. From the second time that an EU Blue Card holder and, where applicable, his or her family members make use of the possibility of moving to another Member State under this Article and Article 22, ‘first Member State’ shall be understood as meaning the Member State from where the person concerned moves and ‘second Member State’ shall be understood as meaning the Member State in which he or she is applying to reside. Notwithstanding paragraph 1 of this Article, an EU Blue Card holder may move to another Member State a second time after 6 months of legal residence in the first Member State as an EU Blue Card holder.