A more attractive EU-wide system aimed at attracting highly qualified workers from non-EU countries will shortly come into force. The newly adopted directive regulating the issue of Blue Cards by member states aims at addressing shortages in certain sectors of the labour market being experienced by most countries of the union.

The Blue Card system has been in existence within the EU since 2009. It aims at facilitating the rights of highly qualified migrants to enter, live and work within Europe, subject to the fulfilment of certain conditions. The new rules now seek to provide more harmonisation while making the system more attractive.

The 2009 directive made provision for the condition that the employee seeking access to Europe’s labour market could prove that he or she benefits from an employment contract for one year or more with the host country as well as from a minimum annual gross salary stipulated by the host country.

The new rules now allow applicants to present a valid work contract of at least six months rather than 12 months. In order to ensure a level of harmonisation on the matter, the new rules now make provision for both a lower and upper factor for the salary threshold.

The salary threshold must be set by the member state concerned, after consulting the social partners according to national practices. Furthermore, it must be, as a rule, at least 1,0 times, but not higher than 1,6 times, the average gross annual salary in the member state concerned.

Blue Card holders, together with their families, will now also be able to move more easily to another EU country. Whereas the previous rules also made provision for the right of Blue Card holders to transfer to other member states and take up employment of a similarly high-skilled position there, they could only do so after having worked for at least 18 months in the initial host country.

The salary threshold must be set by the member state concerned

The mandatory 18-month period has now been replaced by a 12-month one, thus facilitating mobility.

Member states are endowed with the right to reject or refuse to renew applications for a Blue Card when certain criteria subsist such as, where there is a proven threat to public security. Before issuing a card, member states will also be able to take account of conditions in their domestic labour market, such as high unemployment.

EU member states will be able to retain national schemes aimed at attracting highly qualified workers to their workforce in parallel with the EU Blue Card scheme. However, the directive has made provision for safeguards to ensure that EU Blue Card holders and their families are not put at a disadvantage when compared with holders of national work permits.

The Blue Card gives highly skilled workers from outside the EU the right to live and work in any EU country except for Denmark and Ireland, since the latter opted out of this system.

Member states have a period of two years from when these rules come into force to transpose them into national law.

The new rules will potentially have the desired effect of addressing Europe’s labour shortage and stimulate economic growth.

Indeed, it has been estimated that the EU’s working-age population is set to drop from 333 million in 2016 to 292 million by 2070. The promulgation of rules which facilitate entry and integration of such highly skilled workers in Europe could be the answer to the labour shortage being experienced in certain sectors due to a fast-aging European population.

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