EU Blue Card Improvements Forthcoming
May 24, 2021
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At a Glance
The EU Council and European Parliament have reached a provisional agreement on changes to the EU Blue Card Directive that aim to make the permit, which caters to highly skilled local hires, more accessible and more attractive. Key proposed changes include:
- Possibility for lower salary threshold;
- Shorter eligible employment contract duration; and
- More flexible intra-EU mobility rules.
The situation
The EU Council and European Parliament have reached a provisional agreement on changes to the EU Blue Card Directive that aim to make the permit, which caters to highly skilled local hires, more accessible and more attractive.
A closer look
Key proposed changes include the following:
| CHANGE | NEW POLICY | CURRENT POLICY |
Lower salary threshold |
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Shorter eligible employment contract duration |
Employment contracts or job offers covering an employment duration of six months or longer would be eligible for an EU Blue Card application. |
Employment contracts or job offers must cover an employment duration of at least 12 months to be eligible for an EU Blue Card application. |
Faster intra-EU mobility and more harmonised rules for business travel |
After 12 months of residence in a first EU Member State, EU Blue Card holders would be able to apply for an EU Blue Card in a second EU Member State under a streamlined procedure. Business travel to other EU countries will be allowed for a specific list of activities, leading to a more harmonized approach across the EU. |
Currently, after 18 months of residence in a first EU Member State, EU Blue Card holders can apply for an EU Blue Card in a second EU Member State. Currently business travel is allowed per national legislation. |
Longer permit validity and eligibility for long term residency |
Initial EU Blue Cards would be issued for at least two years, or the employment contract duration plus three months, if shorter. EU Blue Card holders will be able to continue accumulating the years they spend in different EU countries toward long term residency. |
Currently, EU Blue Cards can be issued for a duration between one and four years, requiring more frequent renewals in some countries. |
Professional experience would suffice for information technology staff |
Applicants in information technology, and possibly other sectors, would be eligible to apply for an EU Blue Card based on several years’ professional experience at an employment level similar to higher education graduates. |
Currently, EU Member States may opt to accept five years’ professional experience as an equivalent to a higher education degree, but few countries have implemented this option. No general exemptions to the higher education requirement currently apply, even for sought-after sectors. |
Broader labour market access |
EU Blue Card holders would be able to engage in self-employed activities or subsidiary professional activities. |
EU Blue Card holders currently require additional work authorization, if available under local permit options, to perform such activities. |
Broader permit access |
Beneficiaries of international protection and non-EU family members of EU nationals would be eligible to apply for an EU Blue Card if they meet the other eligibility requirements. |
These individuals are currently not eligible to apply for the EU Blue Card. |
Change of employer |
In case of change of position or employer during the first 12 months, EU Blue Card holders will only have to complete a new labor market test. |
As per current rules, for the first two years of employment, EU Blue Card holders must request prior authorization in writing from the competent national authorities if they wish to change their employer. |
Streamlined process for recognized employers |
EU Member States with recognized employer programs would be able to offer streamlined processing for such employers. Member States without such a scheme in place could be encouraged to set up one. |
Currently, this is not regulated at the EU level. |
Processing times |
The agreement requires EU Member States to notify applicants of EU Blue Card decisions within maximum 90 days of the application. |
Current rules require EU countries to fully process applications within 90 days from submission, however compliance with this varies considerably across the European Union. |
Impact
- More attractive permit. If implemented, the above changes have the potential to make the EU Blue Card a more attractive permit. The new EU Blue Card is also meant to work toward the EU goal of talent retention and mobility within the bloc.
- Parallel schemes permitted. EU Member States will be able to maintain national schemes aimed at highly qualified workers in parallel to the EU Blue Card. As a result, even after the proposed changes are implemented, applicants eligible for an EU Blue Card will be able to apply for different national permit types, making the EU Blue Card less uniform. This is unlike the EU Intra-Company Transferee Permit, which does not allow EU Member States to have other programs for eligible intracompany transferees.
Background
Negotiations on this Directive were pending for several years. The European Commission marked finalization of this review as a priority in its New Pact for Migration and Asylum (2020).
Looking ahead
Once implemented, the proposed improvements to the EU Blue Card may cause more EU Member States to favor the EU Blue Card over different national permit types.
The above changes were published via a provisional agreement between the Council presidency and European Parliament. The Directive must still be formally adopted by all EU institutions, which is expected to occur in the next few months without major changes to the text. EU Member States will then have two years to implement the new Directive into their national laws. Fragomen will report on relevant developments.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected]
