Directive 2009/50 / EC (highly qualified directive)

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Directive 2009/50 / EC

Title: Council Directive 2009/50 / EC of 25 May 2009 on the conditions for entry and residence of third-country nationals in order to pursue highly qualified employment
Designation:
(not official)
Highly Skilled Policy
Scope: EU
Legal matter: Immigration law
Basis: EC Treaty , in particular Article 63 paragraph 1 number 3 letter a and number 4 ,
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be
implemented in national law by:
June 19, 2011
Implemented by: Germany with the law for the implementation of the highly qualified directive of the European Union
Reference: OJ L 155 of 18.6.2009, pp. 17-29
Full text Basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2009/50 / EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment is a Directive of the European Community , concerning entry and residence of highly qualified personnel who are not EU citizens regulates are. This group of people and their relatives should receive a fixed-term uniform residence permit , the so-called EU Blue Card .

content

  • Chapter 1 (Articles 1 to 4): The general provisions define the subject matter, definition and scope. In particular, exclusions for acquiring the EU Blue Card are mentioned. The directive expressly does not apply to third-country nationals who may enjoy protection on the basis of international obligations, who are in the European Union for a research stay and who are entering the context of family reunification.
  • Chapter 2 (Articles 5 and 6) regulates the admission requirements. The prerequisite for the issue of the EU Blue Card is an employment contract as a highly qualified person in accordance with national regulations for at least one year. The gross annual salary must be at least one and a half times (in the case of special shortage occupations 1.2 times) the average gross annual salary in this country. The member state itself determines the number of highly qualified people to be admitted.
  • Chapter 3 (Articles 7 to 11) regulates the procedure for obtaining an EU Blue Card . The Blue Card is valid for one to four years. During the period of validity of the EU Blue Card , its holder is entitled to enter and reside in the territory of the Member State several times. The application for an EU Blue Card can be refused if false documents are presented or the position can be filled with domestic employees.
  • Chapter 4 (Articles 12 to 17) contains the rights that result from receiving a Blue Card . In the first two years, a change of job requires a permit. Unemployment may not last longer than three months and not occur more than once during the stay. Holders of an EU Blue Card have the same rights as local workers with regard to working conditions, protection against dismissal and membership in trade unions or other professional associations.
  • Chapter 5 (Articles 18 and 19) regulates residence in other member states. After 18 months in a member state, Blue Card holders and their relatives can settle in another member state.
  • Chapter 6 (Articles 20 to 25) contains the final provisions. The member states have to implement the directive by June 19, 2011.

Web links

Individual evidence

  1. Federal Law Gazette 2012 Part I No. 24, issued on June 8th, 2012, page 1224 Law for the implementation of the highly qualified directive of the European Union of June 1st, 2012