Blue Card, EU Blue Card

Definition and Legal Foundations of the EU Blue Card

Die EU Blue Card is a residence permit that allows qualified third-country nationals access to the labor market of an EU member state. The aim of the EU Blue Card is to promote the immigration of highly qualified professionals from non-EU countries to Europe in order to counteract the shortage of skilled workers in various sectors.

The legal framework for the EU Blue Card is primarily established at the European level by the 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. A revised version came into force with the Directive (EU) 2021/1883 of 20 October 2021 , which is especially intended to increase the attractiveness and flexibility of the EU Blue Card.

In German law, the EU Blue Card is mainly implemented in the Residence Act (AufenthG), in particular in §§ 18g et seq. AufenthG.

Requirements for the Issuance of the EU Blue Card

General Requirements

The issuance of the EU Blue Card is subject to the general requirements for residence according to national law and, in particular, the following conditions:

• Proof of a qualified university education: The applicant must hold a university degree or a qualification that is at least equivalent. In certain cases, at least five years of professional experience comparable to a university degree may suffice.
• Existence of an employment contract or a binding job offer: There must be an employment relationship with a minimum duration, usually of at least six months.
• Minimum salary threshold: The remuneration offered must exceed a certain salary threshold, which is adjusted annually. The threshold varies depending on the field of occupation and can be lower for so-called shortage occupations.
• Nationality: The EU Blue Card is only available to third-country nationals, i.e., persons who are not nationals of an EU Member State, the EEA, or Switzerland.

Special Requirements and Deviations

With the amendment of the directive, the requirements have been made more flexible:

• The need for qualified employment can be broadened nationally in some member states.
• Lower salary thresholds apply for shortage occupations (deficit occupations).
• Recognition of university degrees or equivalent qualifications is carried out in accordance with national regulations, often involving databases such as ANABIN in Germany.

Procedure for Applying for the EU Blue Card

The procedure for applying for the EU Blue Card involves several steps:

1. Application submission: The application must be submitted prior to entry at the responsible diplomatic mission or, in some cases, after entry at the immigration authority of the destination country.
2. Proof of requirements: Documents such as university degrees, employment contracts, proof of minimum salary, and, where applicable, qualification recognitions must be provided.
3. Processing time: A decision on the application must be made within 90 days after all documents have been submitted in full.

Duration and extension

• The EU Blue Card is generally granted for the duration of the employment contract plus three months, but for no longer than four years.
• An extension is possible upon application, provided the requirements continue to be met.
• Upon leaving employment, the holder has a period (six months in Germany) to find a new job.

Rights and Obligations of EU Blue Card Holders

Access to the labor market

• The EU Blue Card entitles the holder to pursue qualified employment appropriate to their field of study or qualification.
• When changing jobs within the first 12 months after issuance, the approval of the responsible authority is often required.

Family reunification

• Holders of the EU Blue Card are entitled to facilitated family reunification. Spouses and minor children are generally permitted to join the holder.
• Spouses are granted independent access to the labor market, although further national regulations may apply.

Mobility within the European Union

• The EU Blue Card enables mobility within the EU under certain conditions (“Intra-EU Mobility”).
• After 12 months of lawful residence, EU Blue Card holders may move to another Member State for the same purpose without having to go through the application procedure again.
• In the new Member State, an application for the EU Blue Card must be submitted within one month.

Permanent Residence and Settlement Permit

• After 33 months — or just 21 months if sufficient language proficiency (B1 level) is demonstrated — an unlimited residence permit can be applied for under certain circumstances.
• Periods of residence with the EU Blue Card in different member states may in part be added together for subsequent settlement permit eligibility.

Differences from Other Residence Permits

The EU Blue Card differs from other residence permits primarily through its high degree of labor law flexibility, its Europe-wide mobility option, and its privileged status for highly qualified workers. Unlike national permits for gainful employment, issuance is based centrally on European legal requirements.

Termination and Revocation of the EU Blue Card

The EU Blue Card can be revoked or withdrawn if:

• the requirements are no longer met
• the holder leaves the territory of the EU for more than 12 months
• the activity was taken up contrary to the legal provisions
• false information was provided during the application process

In the event of termination, there may, under certain conditions, be an entitlement to tolerated stay or a residence permit for job searching.

Sources and Web Links

• Directive (EU) 2021/1883 and Council Directive 2009/50/EC
• §§ 18g-18i, 39, 44a and 45 Residence Act (AufenthG)
• Federal Office for Migration and Refugees (BAMF)
• International Qualification Database ANABIN

Summary: The EU Blue Card is the central residence permit for highly qualified third-country nationals in the European Union. It provides numerous facilitations regarding market access, intra-EU mobility, and family reunification. The detailed legal structure is regulated by the relevant EU Directive as well as national laws of the member states and is subject to ongoing adjustments to increase the attractiveness of the European labor market for qualified immigrants.

Frequently Asked Questions

What requirements must be met for the issuance of an EU Blue Card?

To be granted an EU Blue Card in Germany, applicants must demonstrate a university education that was either obtained in Germany or is recognized as equivalent; alternatively, a comparable foreign university degree can be submitted. In addition, a specific job offer or existing employment contract is required, and the employment must match the applicant’s qualification. The law prescribes a minimum gross annual salary, which is regularly adjusted (§ 18g (1) sentence 1 AufenthG in conjunction with § 2 (1) BeschV). For certain shortage occupations, such as scientists, mathematicians, engineers, physicians, and IT specialists, the salary threshold is below the general minimum salary (§ 2 (2) BeschV). In principle, the approval of the Federal Employment Agency must be obtained unless certain privileged circumstances apply. Further, proof of health insurance is required, and sufficient funds to secure one’s livelihood without reliance on social benefits must be demonstrated. Applicants must not have committed serious crimes and there must be no grounds for expulsion under §§ 54 or 55 AufenthG.

What rights and obligations are associated with the EU Blue Card?

Holders of the EU Blue Card receive a residence right for highly qualified workers, which is initially limited to a maximum of four years (§ 18g (4) AufenthG). The work permit is generally tied to the specific job and employer; within the first year after issuance, a change of job is subject to approval (§ 18g (3) in conjunction with § 19b AufenthG). After at least 21 months and sufficient language proficiency (B1 level), a settlement permit may be applied for (§ 18c (2) AufenthG); with lower language proficiency, this period increases to 33 months. Blue Card holders are entitled to family reunification, and their family members are also allowed to work and do not need to demonstrate German language skills before entry (§ 30 AufenthG). The obligation to secure one’s livelihood independently remains; social welfare or unemployment benefits II are excluded. Participation in integration courses is not mandatory but recommended. Breaching legal obligations, for example by leaving employment without finding a new job, can lead to loss of the right of residence.

Can the EU Blue Card be retained after losing a job?

If the employment relationship ends during the stay, the EU Blue Card is not automatically retained. If the affected person promptly and credibly applies for a new position and can provide evidence of this to the competent immigration authority, a period of up to three months is usually granted for job searching in practice (§ 18g (4) AufenthG). The authority will assess on a case-by-case basis whether there is a reasonable prospect of quick reintegration into qualifying employment. The Blue Card remains valid during this period, provided the applicant remains in Germany and continues to secure their livelihood. If no new contract is concluded within the period, there is a risk of losing the residence permit and becoming obliged to leave the country.

What procedures apply when changing jobs or employers?

For holders of an EU Blue Card, changing employers within the first twelve months after issuance is subject to approval (§ 18g (3) AufenthG). The immigration authority must be informed about the planned change, and new approval of the Federal Employment Agency must be obtained. After twelve months, this obligation ceases, but there is still a notification obligation to the relevant authority. The new terms of employment must continue to meet the requirements of the EU Blue Card, especially with regard to the required salary threshold and qualification. In the case of a move to another EU Member State, a separate procedure is required; after 12 months of lawful residence, EU-wide mobility is possible under facilitated conditions (§ 18h AufenthG).

How is the equivalence of the foreign university degree determined?

To be granted the EU Blue Card, a German, a recognized foreign, or an equivalent university degree is required. The evaluation is performed by the Central Office for Foreign Education (ZAB), which issues a so-called certificate assessment. Alternatively, the online database “anabin” can be consulted to check the status of the foreign university and degree. If the degree formally and substantively corresponds to the required German university degree, equivalence is deemed proven (§ 18g (1) AufenthG). Otherwise, an individual evaluation by the ZAB may be necessary. Only with a positive certificate assessment can the Blue Card application procedure proceed.

Do special regulations apply to IT specialists without a university degree?

Since the entry into force of the Skilled Workers Immigration Act, there are special regulations for IT specialists. Under certain conditions, they can obtain an EU Blue Card without a formal university degree if they can demonstrate at least three years of relevant professional experience within the past seven years and have an appropriate salary offer. However, the professional experience and the work performed must reach a qualification level equivalent to a university degree (§ 19g (2) AufenthG). Recognition is carried out as part of a strictly regulated examination process, and the salary threshold must also be met.

What possibilities exist for permanent settlement for holders of an EU Blue Card?

Holders of an EU Blue Card may apply for a settlement permit after 33 months of qualified employment and proof of basic German language skills (A1 level). If advanced language proficiency is proven (B1 level), the waiting period is reduced to 21 months (§ 18c (2) AufenthG). In addition, contributions to the statutory pension system must be made, and livelihood must be permanently secured. The settlement permit grants unlimited residence rights as well as access to the labor market and relevant social benefits. After at least five years of uninterrupted legal residence in the EU, it is under certain circumstances also possible to apply for the EU long-term residence permit (§ 9a AufenthG).

What regulations apply to mobility within the European Union with the EU Blue Card?

After at least twelve months of lawful residence with an EU Blue Card in an EU Member State, there is a right to so-called intra-EU mobility under Article 18h AufenthG. Holders may, for the purpose of employment, apply for a residence permit in another EU Member State provided that the minimum requirements of that country are met. The new procedure in the destination country must be followed; however, periods of employment in other Member States are credited for certain deadlines (e.g., acquisition of permanent residence). Family reunification rights generally continue to apply, provided the new Member State also recognizes the requirements. However, there is no automatic transfer of the residence permit; the Blue Card procedure must be requested in each state separately, although previous residence duration is taken into account for various legal claims.