Directive (EU) 2021/1883

In force

This text since 28 Oct 2021law://eu/dir/2021/1883/art_18@2026-11-13

Contents

Article 18EU long-term resident status for EU Blue Card holders#

1.Directive 2003/109/EC applies, subject to the derogations laid down in this Article.

2.By way of derogation from Article 4(1) of Directive 2003/109/EC, an EU Blue Card holder who has made use of the possibility provided for in Article 21 of this Directive may cumulate periods of residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that the EU Blue Card holder has accumulated:

(a)the number of years of legal and continuous residence required under Article 4(1) of Directive 2003/109/EC as a holder of an EU Blue Card, a national residence permit for highly qualified employment, an authorisation as researcher or, where appropriate, an authorisation as a student in accordance with the second subparagraph of Article 4(2) of Directive 2003/109/EC or as a beneficiary of international protection within the territory of the Member States; and

(b)2 years of legal and continuous residence as an EU Blue Card holder within the territory of the Member State where the application for EU long-term resident status is submitted immediately prior to the submission of the relevant application.

3.For the purpose of calculating the duration of legal and continuous residence in the Union referred to in paragraph 2, point (a), of this Article, and by way of derogation from the first subparagraph of Article 4(3) of Directive 2003/109/EC, periods of absence from the territory of the Member State concerned shall not interrupt the duration of legal and continuous residence in the Union if those periods of absence are shorter than 12 consecutive months and do not exceed in total 18 months within that duration.

4.By way of derogation from Article 9(1), point (c), of Directive 2003/109/EC, Member States shall extend to 24 consecutive months the period of absence from the territory of the Union during which an EU long-term resident who holds a long-term residence permit bearing the remark referred to in Article 19(2) of this Directive and his or her family members having been granted EU long-term resident status are allowed to be absent.

5.Article 16(1), point (f), Article 16(3), Article 20 and, where applicable, Articles 17 and 22 apply to holders of a long-term residence permit bearing the remark referred to in Article 19(2).

6.Where an EU long-term resident who holds a long-term residence permit bearing the remark referred to in Article 19(2) of this Directive exercises his or her right to move to a second Member State pursuant to Chapter III of Directive 2003/109/EC, Article 14(3) and (4) of that Directive shall not apply. The second Member State may apply measures in accordance with Article 21(8) of this Directive.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Type: Directive · (EU) 2021/1883
Adopted: 20 Oct 2021
In force: 17 Nov 2021
Made by: Council of the European Union, European Parliament
Official: EUR-Lex 32021L1883 · ELI

Topics

EU migration policy foreign national labour law migrant worker occupational migration professional qualifications recognition of vocational training qualifications residence permit third country work permit Immigration and asylum policy

History · 1 version

28 Oct 2021Reading

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Cited by 4: Regulation (EU) 2026/1047; Decision (EU) 2023/936; Directive (EU) 2016/801; this act5 provisions

Defined terms · 13

Show every defined term

business activity
means a temporary activity directly related to the business interests of the employer and to the professional duties of the EU Blue Card holder based on the work contract in the first Member State, including attending internal or external business meetings, attending conferences or seminars, negotiating business deals, undertaking sales or marketing activities, exploring business opportunities, or attending and receiving training;
family members
means third-country nationals who are family members as referred to in Article 4(1) of Directive 2003/86/EC;
first Member State
means the Member State which first grants a third-country national an EU Blue Card;
higher education qualifications
means any diploma, certificate or other evidence of formal qualifications issued by a competent authority attesting to the successful completion of a post-secondary higher education or equivalent tertiary education programme, namely a set of courses provided by an educational establishment recognised as a higher education institution or equivalent tertiary educational institution by the State in which it is situated, where the studies needed to acquire those qualifications last at least 3 years and correspond at least to ISCED 2011 level 6 or, where appropriate, to EQF level 6, in accordance with national law;
higher professional qualifications
means qualifications attested by evidence of higher education qualifications or higher professional skills;
higher professional skills
means:
highly qualified employment
means the employment of a person who:
international protection
means international protection as defined in Article 2, point (a), of Directive 2011/95/EU.
professional experience
means the actual and lawful pursuit of the profession concerned;
regulated profession
means a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC;
second Member State
means any Member State in which the EU Blue Card holder intends to exercise or exercises the right of mobility within the meaning of this Directive, other than the first Member State;
third-country national
means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU;
unregulated profession
means a profession that is not a regulated profession;

Defined terms · 13

Show every defined term

business activity
means a temporary activity directly related to the business interests of the employer and to the professional duties of the EU Blue Card holder based on the work contract in the first Member State, including attending internal or external business meetings, attending conferences or seminars, negotiating business deals, undertaking sales or marketing activities, exploring business opportunities, or attending and receiving training;
family members
means third-country nationals who are family members as referred to in Article 4(1) of Directive 2003/86/EC;
first Member State
means the Member State which first grants a third-country national an EU Blue Card;
higher education qualifications
means any diploma, certificate or other evidence of formal qualifications issued by a competent authority attesting to the successful completion of a post-secondary higher education or equivalent tertiary education programme, namely a set of courses provided by an educational establishment recognised as a higher education institution or equivalent tertiary educational institution by the State in which it is situated, where the studies needed to acquire those qualifications last at least 3 years and correspond at least to ISCED 2011 level 6 or, where appropriate, to EQF level 6, in accordance with national law;
higher professional qualifications
means qualifications attested by evidence of higher education qualifications or higher professional skills;
higher professional skills
means:
highly qualified employment
means the employment of a person who:
international protection
means international protection as defined in Article 2, point (a), of Directive 2011/95/EU.
professional experience
means the actual and lawful pursuit of the profession concerned;
regulated profession
means a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC;
second Member State
means any Member State in which the EU Blue Card holder intends to exercise or exercises the right of mobility within the meaning of this Directive, other than the first Member State;
third-country national
means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU;
unregulated profession
means a profession that is not a regulated profession;