European Law Report - Blue card or green card?
The European Parliament recently gave its blessing to an EU initiative which seeks to address Europe's looming demographic crisis and shortage of highly skilled personnel. A system which is somewhat modelled on the US green card system should shortly...
The European Parliament recently gave its blessing to an EU initiative which seeks to address Europe's looming demographic crisis and shortage of highly skilled personnel. A system which is somewhat modelled on the US green card system should shortly be in place which ought to facilitate the integration of highly-skilled workers hailing from third countries within Europe's workforce.
The objective of this blue card system is to attract legal migration of highly-skilled workers in Europe by providing for a single application procedure for third country workers to reside and work within the EU. By issuing a blue card, the member state commits itself to issue all the necessary documents and visas needed by the immigrant.
In order to qualify for a blue card, an applicant must have found a job in the EU and must have at least five years' experience in the sector concerned or a university qualification recognised by the member state. The European Parliament has emphasised that the applicant's contract must also guarantee an income of at least 1.7 times the average gross salary in the member state of residence and this salary must not be lower than that of a comparable worker in the host country.
The blue card would entitle its holder to family reunification within six months so that the spouse of the blue card holders would also be able to seek a job in Europe. It would also entitle its holder to social welfare coverage in the member state concerned and a holder who loses his or her job would have six months to find another.
The blue card would enable holders who have spent three years in a first EU country of residence to access other member states thereafter. The card, according to Parliament, ought therefore to be valid for three years, renewable for a further two years. If a worker's contract is for a shorter duration, then the card should be granted for the duration of the contract plus six months.
The European Parliament has also proposed that member states should be able to decide how many blue cards they wish to grant each year.
The card should not be viewed as a right for migrants, and may be refused even where they meet the criteria. National authorities must also be able to reject holders of blue cards granted by other member states in favour of a national or community solution. Preference may be given to EU citizens as well as to unemployed third country nationals who reside legally, for reasons of labour market policy.
Furthermore, member states ought to reject an application for a blue card in labour market sectors where access to certain member states' workers is still restricted on the basis of transitional arrangements set out at the time of accession, the European Parliament has stressed.
The blue card system as proposed by the European Commission has met with severe criticism on all fronts. Third countries have expressed their concern that it will aggravate the brain drain problem that they are already experiencing. On the EU front, the proposal has been seen as being too ambitious a measure which has taken precedence over other more current and realistic problems which ought to be immediately addressed such as high unemployment rates and the phenomena of illegal immigration.
Statistics prove that the demographic challenges which the EU will have to face in the near future are looming closer and closer. The EU has so far not proven to be as successful as others such as the US in attracting highly-skilled workers to its territories. On the contrary, some countries have become so attractive for highly-skilled workers especially young scientists and ICT specialists that Europe itself is experiencing a brain drain in these sectors. Whether the blue card system is the ideal solution to reverse the current trend is still to be seen. Nonetheless, we must admit that it is at least a starting point.
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.
The objective of this blue card system is to attract legal migration of highly-skilled workers in Europe by providing for a single application procedure for third country workers to reside and work within the EU. By issuing a blue card, the member state commits itself to issue all the necessary documents and visas needed by the immigrant.
In order to qualify for a blue card, an applicant must have found a job in the EU and must have at least five years' experience in the sector concerned or a university qualification recognised by the member state. The European Parliament has emphasised that the applicant's contract must also guarantee an income of at least 1.7 times the average gross salary in the member state of residence and this salary must not be lower than that of a comparable worker in the host country.
The blue card would entitle its holder to family reunification within six months so that the spouse of the blue card holders would also be able to seek a job in Europe. It would also entitle its holder to social welfare coverage in the member state concerned and a holder who loses his or her job would have six months to find another.
The blue card would enable holders who have spent three years in a first EU country of residence to access other member states thereafter. The card, according to Parliament, ought therefore to be valid for three years, renewable for a further two years. If a worker's contract is for a shorter duration, then the card should be granted for the duration of the contract plus six months.
The European Parliament has also proposed that member states should be able to decide how many blue cards they wish to grant each year.
The card should not be viewed as a right for migrants, and may be refused even where they meet the criteria. National authorities must also be able to reject holders of blue cards granted by other member states in favour of a national or community solution. Preference may be given to EU citizens as well as to unemployed third country nationals who reside legally, for reasons of labour market policy.
Furthermore, member states ought to reject an application for a blue card in labour market sectors where access to certain member states' workers is still restricted on the basis of transitional arrangements set out at the time of accession, the European Parliament has stressed.
The blue card system as proposed by the European Commission has met with severe criticism on all fronts. Third countries have expressed their concern that it will aggravate the brain drain problem that they are already experiencing. On the EU front, the proposal has been seen as being too ambitious a measure which has taken precedence over other more current and realistic problems which ought to be immediately addressed such as high unemployment rates and the phenomena of illegal immigration.
Statistics prove that the demographic challenges which the EU will have to face in the near future are looming closer and closer. The EU has so far not proven to be as successful as others such as the US in attracting highly-skilled workers to its territories. On the contrary, some countries have become so attractive for highly-skilled workers especially young scientists and ICT specialists that Europe itself is experiencing a brain drain in these sectors. Whether the blue card system is the ideal solution to reverse the current trend is still to be seen. Nonetheless, we must admit that it is at least a starting point.
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.