Directive 2021/1883 - Conditions of entry and residence of third-country nationals for the purpose of highly qualified employment - Main contents
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Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2021/1883 |
| Original proposal | COM(2016)378  |
| CELEX number i | 32021L1883 |
| Document | 20-10-2021; Date of signature |
|---|---|
| Publication in Official Journal | 28-10-2021; OJ L 382 p. 1-38 |
| Signature | 20-10-2021 |
| Effect | 17-11-2021; Entry into force Date pub. +20 See Art 32 |
| Deadline | 18-11-2026; See Art 27 |
| End of validity | 31-12-9999 |
| Transposition | 18-11-2023; See Art 31.1 |
28.10.2021 |
EN |
Official Journal of the European Union |
L 382/1 |
DIRECTIVE (EU) 2021/1883 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 20 October 2021
on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2), points (a) and (b), thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
The Commission communication of 3 March 2010 entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’ sets the objectives of the Union becoming an economy based on knowledge and innovation, reducing the administrative burden on companies and better matching labour supply with demand. That communication identifies the need for a comprehensive labour migration policy and for better integration of migrants. Measures to facilitate the admission of highly qualified third-country workers have to be seen in that broader context. |
(2) |
The conclusions of the European Council of 26 and 27 June 2014 state that in order to remain an attractive destination for talents and skills, Europe must compete in the global race for talent. Strategies to maximise opportunities for legal migration should therefore be developed, including the streamlining of existing rules. |
(3) |
The Commission communication of 13 May 2015 entitled ‘European Agenda on Migration’ calls for an attractive Union-wide scheme for highly qualified third-country nationals and specifies that a review of Council Directive 2009/50/EC (4) is needed to enable the Union to more effectively attract talent and thereby to address both the demographic challenges faced by the Union and labour and skills shortages in key sectors of the Union economy. The call to review that Directive is reiterated in the Commission communication of 23 September 2020‘on a New Pact on Migration and Asylum’, which states that the reform of the EU Blue Card ‘must bring real EU added value in attracting skills through an effective and flexible EU-wide instrument’. |
(4) |
The European Parliament, in its resolution of 12 April 2016 (5), called for an ambitious and targeted review of Directive 2009/50/EC, including of its scope. |
(5) |
It is necessary to respond to the challenges identified in the Commission’s communication of 22 May 2014 on the implementation of Directive 2009/50/EC. The Union should aim to establish a more attractive and effective Union-wide scheme for highly qualified workers from third countries. The Union approach to attracting such highly qualified workers should be further harmonised and the EU Blue Card should be made the primary tool in that regard, with faster procedures, more flexible and inclusive admission criteria, and more extensive rights, including facilitated intra-EU mobility. As this would entail substantial changes to Directive 2009/50/EC, that Directive should be repealed and replaced by a new Directive. |
(6) |
A clear and transparent Union-wide admission system to attract and retain highly qualified workers from third countries and to promote the mobility of those workers should be established. This Directive should apply regardless of whether the initial purpose of residence of the third-country national is highly qualified employment or is another purpose which then changes to the purpose of highly qualified employment.... |
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