Short-Term Mobility in the EU with the EU Blue Card: New Opportunities for International Business Travel

The European Union has significantly expanded mobility rights for holders of an EU Blue Card. With the implementation of the new highly qualified employment Directive (EU) 2021/1883 (the “Directive”), highly qualified professionals may, subject to certain conditions, engage in business activities in other EU member states for up to 90 days within any 180-day period without having to complete an additional residence or work authorization procedure in that member state. But which activities are covered, where are the limits, and what practical challenges remain?

What exactly has been regulated?

The legal basis for the new mobility rule is set out in Article 20 of the Directive. Germany implemented these requirements in Section 18h of the German Residence Act (Aufenthaltsgesetz, “AufenthG”): going forward, holders of an EU Blue Card issued by another EU Member State may enter and stay in Germany for the purpose of carrying out business activities without needing a German residence title or a work authorization from the Federal Employment Agency. Conversely, holders of an EU Blue Card issued in Germany may also temporarily engage in business activities in other EU member states.

Who is covered?

The EU Blue Card is a residence title for highly qualified third-country nationals who are employed in a qualified position in a member state of the European Union. Highly qualified third-country nationals are individuals who are neither citizens of an EU member state nor of an EEA State and who hold a high-level professional or academic qualification, such as a university degree.

In addition to holding an EU Blue Card, the newly introduced short-term mobility framework further requires that

the business activity is directly connected to the duties under the employment contract on which the issuance of the EU Blue Card was based,
the stay is temporary only, and
the permissible duration of stay of 90 days within any 180-day period is not exceeded.

Which activities are covered?

The term “business activity” is deliberately broad. The activities expressly referenced include, in particular:

participation in internal or external business meetings,
participation in conferences and seminars,
negotiations regarding business transactions,
sales and marketing activities,
the exploration of business opportunities, and
participation in and receipt of training.

This list is not exhaustive. Other activities may also be covered, provided they are directly connected to the employee’s professional duties and the employer’s business interests.

Which documents should be carried?

The competent authorities may assess on a case-by-case basis whether the requirements for short-term mobility are in fact met. Individuals concerned should therefore be able to demonstrate

which business activity is to be carried out,
that the activity is connected to the employment relationship on the basis of which the EU Blue Card was issued, and
that the permissible duration of stay is observed.

If the EU Blue Card was issued by a member state that does not fully apply the Schengen acquis, proof of the business purpose of the stay must also be carried.

What challenges remain?

Despite the objective of EU-wide harmonization, questions of interpretation remain. Neither the Directive nor its German implementation provides an exhaustive catalog of permissible business activities. The Directive’s terminology also raises interpretive questions. While Recital 55 refers to “business trips,” Article 20 of the Directive refers to the performance of a “business activity.” Whether these terms are to be understood as coextensive, or whether the scope of the mobility rule extends further, has not been expressly clarified. As a result, divergent interpretations by national authorities cannot be ruled out.

What the short-term mobility rule does not permit

The rule does not permit taking up regular employment in another EU member state. In other words, anyone intending to work for an employer in another member state on a longer-term basis must consider the Directive’s rules on long-term mobility.

Conclusion

The short-term mobility rule for holders of an EU Blue Card is an important step toward promoting the mobility of skilled professionals within the European Union. However, the applicable requirements should be carefully reviewed and documented. In particular, the required connection between the business activity, the underlying employment relationship, and the employer’s business interests will be critical in practice. At the same time, despite the intended harmonization, the rule continues to leave room for interpretation, which may be assessed differently by the authorities of the individual member states.