blue card EU

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The EU Blue Card ( English EU Blue Card ) is that of a Member State of the European Union issued proof or evidence document for the legal residence ( residence permit ) of nationals of third countries for the purpose of employment. The term blue card was coined by the think tank Bruegel , analogous to the green card in the USA and with reference to the blue of the European flag .

The EU Blue Card is based on Directive 2009/50 / EC and is intended, in particular, to enable highly qualified third-country nationals to stay in the EU. The reasons for introducing this card considered within the European Commission were the expected future lack of qualified persons in some employment sectors and the different admission modalities in the Member States. Nevertheless, the directive does not affect the national approval rules.

The directive expressly does not apply to third-country nationals who enjoy protection on the basis of international obligations, who are in the European Union for a research stay, who are coming to Germany as part of family reunification or who cannot be deported (further reasons in Art. 3).

Holders of the EU Blue Card are to be granted the same remuneration as Union citizens in a comparable position, but entitlements to vocational training or social assistance are not affected by this, if equality is also sought for social transfer benefits .

The Blue Card is limited to one to four years. The format is uniform and corresponds to Regulation (EC) No. 1030/2002 . The guideline had to be implemented in all states of the European Union by June 19, 2011.

Implementation of the directive in Germany

Legal requirements

Front and back of an EU blue card in Germany

In Germany , the directive was implemented by the law for the implementation of the highly qualified directive of the European Union with effect from August 1, 2012, which changes the Residence Act , the Employment Ordinance and other legal provisions. The more detailed requirements for issuing the EU Blue Card can be found in Section 19a of the Residence Act. The minimum salary required by Section 19a (1) No. 3 of the Residence Act, which the highly qualified person must receive, is two thirds, in some cases (so-called shortage occupations ) 52% of the annual contribution assessment limit for general pension insurance ( Section 2 (1) and (2) Employment Regulation ). A priority check is waived.

The EU Blue Card is issued in Germany in the form of an electronic residence permit.

In 2020, the income threshold for general pension insurance is EUR 82,800 per year or EUR 6,900 per month ( Section 3, Paragraph 1, Sentence 1, No. 1 of the Social Insurance Calculation Size Ordinance 2020). Accordingly, the highly qualified must earn at least 55,200 euros (or in the case of the 52% limit for shortage occupations: 43,056 euros) per year. The shortage occupations include natural scientists, mathematicians, engineers, human medicine (except dentists) and academic specialists in information and communication technology. Section 27 of the Residence Act provides for family reunification with foreigners who have an EU Blue Card and the possibility of gainful employment for family members who follow suit. Information on the Blue Card and its options are available. a. the Federal Office for Migration and Refugees (BAMF) or the Federal Ministry of Labor and Social Affairs (BMAS).

No knowledge of the German language is required for the EU Blue Card Germany. Holders of an EU Blue Card with basic knowledge of German (corresponds to level A1 of the Common European Framework of Reference for Languages ​​GER according to Section 2, Paragraph 9 of the Residence Act) can apply for a settlement permit in accordance with Section 19a, Paragraph 6, Clause 1 of the Residence Act after 33 months , provided they have sufficient knowledge of German (in accordance with Section 2, Paragraph 11 of the Residence Act, language level B1 ), the waiting period for the settlement permit (in accordance with Section 19a, Paragraph 6, Clause 3 of the Residence Act) is shortened to 21 months.

statistics

The number of EU Blue Cards issued per year has risen continuously in Germany since its introduction (as of 2018). In 2017, the majority of applicants came from India (5,253), China (2,079), the Russian Federation (1,382), Turkey (1,022) and Ukraine (893).

Issues: Blue Card EU Germany
year 2013 2014 2015 2016 2017 2018
blue card EU 11,290 11,848 14,468 17,362 21,727 27,241

criticism

The benefits of the EU Blue Card for the labor market are controversial. Above all, unions see them as an invitation to wage dumping . By the end of 2013, around 7,000 jobs had been created under the EU Blue Card, the majority of which were previously in the state as part of other programs or as students at German universities. A lowering of the wage threshold was therefore considered. In 2015 around 14,500 cards were issued in Germany. This means that 87% of all Blue Cards in the EU come from Germany - ahead of France, which expects knowledge of the national language as an admission criterion. In relation to its own population, apart from Germany, only Luxembourg has a significant size.

Efforts to achieve EU-wide standardization

Most EU countries prefer national immigration rules. Austria introduced its own point system with the red-white-red card .

The European Commission , however, would like to be part of the European Agenda on Migration

  • make it easier to change jobs in the EU
  • lower the salary limit
  • grant a permanent right of residence faster
  • also grant the residence permit to highly qualified refugees
  • Standardize blue card regulations across the EU

At the end of 2017 the discussion was about lowering the previous income limits and the requirements for the employment contracts of the “Blue Card” applicants. The EU Commission proposed to allow the member states to set a lower income limit between average earnings and 1.4 times this value and to reduce the minimum term of the employment contract from twelve months to six months.

See also

The European Professional Card (EBA; English European Professional Card, EPC for short) is an electronic certificate and is intended to facilitate the recognition of professional qualifications of similarly trained professionals when moving between EU countries. The corresponding directive was passed by the European Parliament in 2013 and has so far applied to a few occupational groups (shortage occupations).

Web links

Individual evidence

  1. ↑ European Commission: Press release Council adopts the “EU Blue Card” (English, PDF; 125 kB) of May 25, 2009. Accessed on November 19, 2010
  2. ^ From June 1, 2012 (Federal Law Gazette I p. 1224), drafts, wording, amendments
  3. ↑ Recommendation of the Commission of October 29, 2009 on the use of the International Standard Classification of Occupations (ISCO-08) , accessed on November 16, 2015
  4. ↑ FAQ: EU Blue Card. BAMF, accessed December 20, 2018 .
  5. ↑ a b Figures for the EU Blue Card. BAMF, May 22, 2019, accessed on August 2, 2020 .
  6. ↑ More and more people are coming to Germany with the Blue Card. In: FAZ. January 12, 2018, accessed December 23, 2018 .
  7. ↑ Germany - doesn't have to be. Spiegel online from May 11, 2012.
  8. ↑ BA-Chef Weise: Only 7000 immigrants with Blue Card. Heise online from January 1, 2014.
  9. ↑ The European Agenda on Migration (COM / 2015/0240)
  10. ↑ Migration agenda: EU wants a uniform blue card for highly qualified immigrants. Der Spiegel, June 4, 2016, accessed June 4, 2016 .
  11. ^ Albrecht Meier: Blue Card for Immigration. In: Euractiv. November 7, 2017, accessed January 13, 2019 .