Council Directive 2009/50/EC of May 25th, on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, the so-called Blue Card Directive entered into force on June 19th, after its publication in the OJEU on June 18th. Member States will have until June 19th 2011 to adapt their legislations to comply with its provisions.

The Blue Card Directive, which was adopted by the Council on May 25th 2009, aims at setting the conditions for the entry and access to employment within the Community for highly qualified workers form third countries.

Scope and purpose of Blue Card Directive

• Determining the conditions of entry and residence for more than three months in the territory of the Member States of third country nationals for the purpose of highly qualified employment as EU Blue Card holders, and of their family members.
• Determining the conditions for entry and residence of third-country nationals and of their family members in Member States other than the first Member State.

According to Blue Card Directive, “EU Blue Card” means the authorisation bearing the term ‘EU Blue Card’ entitling its holder to reside and work in the territory of a Member State under the terms of this Directive.

“Highly qualified employment” characteristics under Blue Card Directive

Highly qualified employment means the employment of a person who:

• in the Member State concerned, is protected as an employee under national employment law and/or in accordance with national practice, irrespective of the legal relationship, for the purpose of exercising genuine and effective work for, or under the direction of, someone else,
• is paid, and,
• has the required adequate and specific competence, as proven by higher professional qualifications.

Unemployment in itself will not constitute a reason for withdrawing an EU Blue Card, unless the period of unemployment exceeds three consecutive months, or it occurs more than once during the period of validity of an EU Blue Card, and EU Blue Card holder will communicate the beginning of the period of unemployment to the competent authorities of the Member State of residence, in accordance with the relevant national procedures.

EU Blue Card Directive will establish the requirements card application, as well as the volumes of admission and grounds for refusal.

Member States will bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by June 19th 2011, with the obligation to inform the Commission thereof.