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Netherlands: Immigration Authority Implements Several Elements of Revised EU Blue Card Directive

January 10, 2024

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  • NetherlandsNetherlands

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At a Glance

  • The Immigration and Naturalization Service (IND) has amended the rules for the EU Blue Card permit, mirroring several elements of the revised EU Blue Card Directive.
  • Under the reforms, the IND has established alternate professional experience application pathways for information and communication technology managers or professionals. Employment contract durations have also been reduced.
  • The rules also expand eligibility to international protection beneficiaries, and provide more generous long-term mobility options, while retaining existing short-term mobility options.
  • Although these rule changes already went into effect, the Netherlands has not yet formally transposed the revised EU Blue Card directive. This is expected to occur in early 2024, and may further change the country's EU Blue Card policy.

The situation

Effective November 18, 2023, the Netherlands’ Immigration and Naturalization Service (IND) amended the rules for the country’s EU Blue Card permit, mirroring several elements of the revised EU Blue Card Directive.

A closer look

 

CHANGE

DETAILS

IMPACT

Professional experience eligibility expanded

 

Eligibility for the EU Blue Card in the Netherlands has expanded to include individuals who have professional experience but lack educational qualifications. In particular, information and communication technology managers or professionals with at least three years of relevant work experience in the seven years prior to the application are now eligible for the EU Blue Card, even if they lack higher education qualifications.

Previously, only individuals with higher education qualifications were eligible.

 

Employers can now acquire highly skilled information and communication technology talent more easily. This is particularly pertinent given current labor shortages across Europe. 

Eligibility expanded to include international protection beneficiaries

Individuals who hold international protection status in an EU Member State are now eligible for the Dutch EU Blue Card, whereas they previously were not.

 

This change significantly increases the pool of available talent for employers, and continues the broader trend of European immigration systems seeking to expand employment pathways (especially pertinent in the context of the area’s labor shortages).

 

Reduced job offer durations and salary requirements

 

Employment contracts now only need to be six months in duration (down from the previous 12-month minimum).

 

This change grants employers more flexibility in terms of crafting employment terms.

Short-term mobility pathways remain unchanged

 

Holders of an EU Blue Card from another EU Member State will continue to be able to enter and stay in the Netherlands for 90 days in any 180-day period for tourism or work activities, such as visiting a conference or a short project.

 

EU Blue Card holders will continue to be able to travel to the Netherlands from another EU Member State for short-term work purposes, ensuring employers continue to have some flexibility to move talent to the Netherlands for short-term work purposes.

Relaxed long-term mobility pathways

 

EU Blue Card holders who have resided for at least 12 months in another EU Member State are now eligible to enter and work in the Netherlands for longer than 90 days without a separate visa.

Previously, applicants had to wait 18 months before being eligible for such long-term mobility rights.

 

EU Blue Card holders can now move to the Netherlands from another EU Member State more easily, providing employers more flexibility to move talent permanently to the Netherlands.

Improved long-term EU resident rights

 

Faster access to EU long-term resident rights. EU Blue Card holders may now qualify for EU long-term resident rights more quickly, as the related rules have been relaxed.

Labor market testing eliminated. EU long-term residents who a) previously held an EU Blue Card and b) have applied for residence in the Netherlands for employment or self-employment purposes, are no longer subject to labor market testing.

 

It is now easier for current and former EU Blue Card holders to establish a long-term residency in the Netherlands, increasing the attractiveness of the EU Blue Card and therefore potentially improving uptake.

Shorter government processing times

 

 

EU Blue Card application government processing times periods have been reduced.

The standard government processing time for recognized sponsor applications; long-term mobility applications; and family member applications filed at the same time as an EU Blue Card application is now 30 business days, down from 90 days.

The standard government processing time for other applications remains 90 business days.

 

The faster government processing time allows prospective employees to commence work sooner and increases the attractiveness of the EU Blue Card for employers.

Background

  • New EU Blue Card. In 2021, the European Union issued a directive seeking to update the existing EU Blue Card scheme (which dated back to 2009). The Blue Card scheme has sought to establish an attractive EU-wide immigration option for highly skilled professionals. However, the 2009 iteration has suffered from fragmented and inconsistent transposition at the national levels, with many EU Member States offering more attractive skilled-labor immigration pathways under their own national, non-EU Blue Card systems.
  • Delayed implementation amid political headwinds. The Netherlands’ domestic implementation of the revised EU Blue Card rules was delayed by the country’s unexpected parliamentary election in November 2023.

Looking ahead

  • Legal transposition. Despite these rule changes already going into effect, the Netherlands has not yet formally transposed the revised EU Blue Card directive. This is expected to occur in early 2024, and may further change the country's EU Blue Card policy.
  • Other EU Member States. The deadline for national transposition of the revised EU Blue Card Directive was November 18, 2023. Despite this, several EU Member States have not yet domestically implemented the Directive. It is expected that further instances of domestic implementation will occur across 2024. We will report on related 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].

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  • NetherlandsNetherlands

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