EU Blue Card
Die EU Blue Card (English: EU Blue Card) is a residence permit based on European Union regulations that enables qualified third-country nationals, i.e., persons from non-EU countries, to reside lawfully and engage in highly qualified employment in the European Union. The EU Blue Card was introduced in 2009 by Council Directive 2009/50/EC, aiming to strengthen the EU’s competitiveness internationally and to address existing shortages of skilled labor in certain sectors.
1. Legal Foundations
1.1. European Union
The main European legal basis is 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.’ This directive harmonizes the conditions under which third-country nationals can obtain a residence permit for employment in an EU Member State. Since June 2021, a revised version has existed: Directive (EU) 2021/1883 of 20 October 2021, which amended and made statutory requirements more flexible.
1.2. Implementation under national law
EU Member States (except Denmark and Ireland, which have opted out) are required to transpose the Directive into national law. In Germany, this was achieved in particular by introducing Section 18b (2) and Section 19a of the Residence Act (AufenthG) as well as throughout the whole Act. Further provisions can be found in the Employment Regulation (BeschV).
2. Conditions for the issuance of the EU Blue Card
2.1. General requirements
To obtain an EU Blue Card, third-country nationals must primarily meet the following requirements:
- Completion of a university degree: A university degree recognized in Germany or a comparable foreign degree must be proven. In individual cases, sufficient professional experience at a comparable level may suffice, depending on the national law of the host state.
- Employment contract or binding offer: There must be an employment contract or a binding job offer with a duration of at least six months.
- Minimum salary threshold: The gross annual salary of the job offer must exceed a minimum salary threshold set annually and regularly adjusted. In Germany, for example, in 2024 this amounts to €45,300 (general) and €41,041.80 for so-called shortage occupations (§ 2 (1) BeschV).
- Job matches qualification: The intended activity must correspond to the applicant’s qualification.
- Other requirements: There must be no grounds for exclusion under general residence law (e.g., no entry or residence ban, no danger to public security and order).
2.2. Special provisions for shortage occupations
For certain shortage occupations, such as in mathematics, IT, natural sciences, engineering, and human medicine (so-called STEM professions), as well as for IT specialists, lower salary thresholds and, if applicable, other recognition rules apply.
3. Application procedure
3.1. Application
The application for the EU Blue Card must generally be submitted before entry at the competent diplomatic mission of the Member State. However, in some Member States, it is also possible to submit the application after entry, for example for holders of another residence permit.
3.2. Competent authorities
In Germany, processing is handled by the foreigners’ office (Ausländeramt/Ausländerbehörde) at the place of residence. After successful verification of the documents and fulfillment of all requirements, the EU Blue Card is issued as a residence permit.
4. Rights and obligations of EU Blue Card holders
4.1. Duration of stay and extension
The EU Blue Card is issued for at least the duration of the employment contract plus three additional months, but for a maximum of four years. It can be extended if the requirements continue to be met.
4.2. Family reunification
Spouses and minor children of EU Blue Card holders enjoy simplified conditions for family reunification, for example, the removal of language certificate requirements. Employment rights for spouses are generally provided.
4.3. Labour market access
The EU Blue Card is tied to a specific job. Changing jobs usually requires approval from the foreigners’ authority during the first two years. After that, changing employers is possible without additional permission.
4.4. Acquisition of permanent residence rights
After 33 months of employment and proof of basic language skills (level A1), or after just 21 months with proof of language skills at level B1, a permanent residence permit (‘Niederlassungserlaubnis’ or EU long-term residence) can be applied for (§ 18c (2) AufenthG in Germany).
4.5. Change within the EU (mobility)
Holders of an EU Blue Card from another Member State may relocate to another EU Member State and reapply for an EU Blue Card, subject to certain requirements. The 2021 revision of the EU Directive facilitates this mobility.
5. Legal status and protection rights
5.1. Equal treatment
EU Blue Card holders are entitled to equal treatment with nationals of the host state regarding working conditions, salary, education, and recognition of foreign qualifications. Access to social security and pension benefits is also generally covered.
5.2. Legal remedies and protection in case of job loss
If the job is lost, residence rights generally remain for at least three months for job seeking. During this period, a new qualified job may be taken up.
6. Relationship to other residence permits
The EU Blue Card competes with other residence permits for employees, such as the ICT Card for intra-corporate transferees or the ICT Mobility Card, as well as other nationally regulated permits for skilled workers. In cases of parallel entitlements, priority rules apply as per the relevant legal basis.
7. Other specifics and current developments
With the revision of the EU Directive (EU) 2021/1883, access conditions have been further relaxed, minimum salary thresholds lowered in some cases, and mobility within the EU for Blue Card holders made easier. The implementation of these changes in Member States ensures greater harmonization and attractiveness of the instrument.
Sources and further reading
- Council Directive 2009/50/EC (EU Blue Card)
- Directive (EU) 2021/1883
- AufenthG – Residence Act, in particular § 18b (2) and § 19a AufenthG
- BeschV – Employment Regulation
Note: This description refers to the legal situation in Germany and the European Union as of June 2024. Amendments due to legislative changes are possible.
Frequently Asked Questions
What requirements must be met to apply for the EU Blue Card?
To apply for the EU Blue Card, third-country nationals must meet a range of legally regulated requirements pursuant to § 18b (2) AufenthG. It is mandatory to have completed a university degree or a comparable qualification, which is recognized or considered equivalent in Germany. Alternatively, a qualification recognized in Germany that is equivalent to a university degree is sufficient if the relevant position is open to academics. In addition, there must be a concrete job offer from a German employer requiring the qualification. It is also essential that the gross annual salary exceeds a statutory threshold, with lower salary limits applying for so-called shortage professions (e.g. engineers, IT professionals, doctors). The terms of employment must be comparable to domestic employment relationships. The Federal Employment Agency must approve the granting if the salary is below a certain threshold; if it exceeds this, no approval is necessary.
How long is the EU Blue Card valid and is an extension possible?
The EU Blue Card is generally granted in Germany under § 18b (2) AufenthG for the duration of the employment contract plus up to three months, but no longer than four years. If the employment relationship is for a shorter period, the validity period is determined by the contract term plus three months. An extension is possible if the requirements continue to be met, especially employment in a job suitable for the qualification with the required minimum salary. The extension takes place upon application and up-to-date proof of employment and salary must be provided each time. Switching to a permanent residence permit is possible after 33 months within the legal framework and, with sufficient German skills, after just 21 months.
Under what conditions is a change of employer permitted during the validity of the EU Blue Card?
During the first two years of employment with an EU Blue Card, according to § 18b (2) sentence 7 AufenthG, a change of employer or any substantial change of employment conditions requires the approval of the foreigners’ authority. This means that the holder of the EU Blue Card and/or the new employer must obtain approval from the relevant authorities before taking up new employment. After two years, this approval is not required, provided all requirements for the EU Blue Card—especially regarding professional relevance and minimum salary—are still met.
What rights and obligations arise from holding an EU Blue Card?
Holding an EU Blue Card grants the holder the right of residence for the purpose of qualified employment in Germany, together with permission to take up the relevant position. Family members (spouses and minor children) may accompany the holder as part of family reunification and generally receive a residence permit with access to the labor market and education. Holders are obliged to notify the foreigners’ authority without delay of any changes to their employment or other substantial changes. In addition, there is an obligation to inform the authority upon termination of employment. The EU Blue Card can be revoked if the conditions are no longer met (e.g. in the case of prolonged unemployment).
Is mobility within the EU possible with the EU Blue Card and what rules apply?
The EU Blue Card includes a mobility provision according to Articles 18 and 19 of the EU Directive 2009/50/EC (or Directive (EU) 2021/1883) and §§ 18g, 20a AufenthG. Holders who have been legally employed in an EU Member State for at least 12 months may enter another EU country without a visa to apply for an EU Blue Card there as well. The application must be submitted within a few months, and the respective national legal situation must be observed. In many cases, employment can already start while the application is processed, but this depends on the rules of the destination country. Stays in other EU countries for study or research purposes, or for short-term business trips, are also possible under certain conditions, but are regulated separately.
What are the consequences of job loss for EU Blue Card holders?
If an EU Blue Card holder loses their job during the period of validity, the residence permit initially remains valid. According to § 19f (6) AufenthG, the foreigners’ authority must be informed immediately. As a rule, the foreigners’ authority grants a period of at least three months, up to a maximum of six months, during which new employment can be sought; the maximum period is six months. If the person concerned finds a new position that meets the requirements during this period, the EU Blue Card can be maintained or updated. If not, expulsion or revocation of the residence permit is generally expected.
To what extent can family members join the holder and what rights do they have?
Spouses and unmarried minor children of holders of an EU Blue Card can, as a rule, obtain a residence permit for family reunification, without needing to prove sufficient knowledge of the German language (§ 30 (1) sentence 3 no. 5 AufenthG). Spouses have unrestricted access to the labor market and the right to engage in self-employment or paid employment. When changing residence status or obtaining a permanent residence permit, simplified conditions generally also apply for family members, provided the reunification occurred while the EU Blue Card was held.
