The Blue Card Impasse

Three Options for EU Policy on Highly Qualified Immigrants
By Steffen Angenendt / Roderick Parkes

http://www.swp-berlin.org

In May 2009, after long and difficult negotiations, the EU Member States agreed on common rules to govern the immigration of highly qualified workers from outside the Union. Even before its entry into force, however, the Directive has become the target criticism. Many observers consider the program inadequate to meet the EU’s large and growing need for high-skilled workers. Analysis of the failure of the European Commission’s more far-reaching proposals reveals three ways out of the current deadlock. The options include promoting forms of cooperation on immigration policy that preserve national sovereignty, better utilizing domestic labor potential, and creating an EU education market to induce high-potential foreign nationals to study and remain in the EU.

The Directive on an EU-wide work permit for high-skilled non-EU citizens (“Blue Card”) has to be implemented by the Member States by 2011 (with the exception of Denmark, the UK, and Ireland which have not participated). The Directive allows highly qualified workers from third countries to work in the EU for an initial period of four years if they fulfill the following criteria: they have to possess a college diploma or have completed five years occupational training, enjoy a job contract or a job offer, and their gross income has to be at least 50 percent above the national average. Individual decisions as to whether a Blue Card will be issued are left to the Member State in question. This is also true when a Blue Card holder applies (at the earliest after 18 months) to work in another EU country.

The Blue Card is renewable and can lead to permanent residency after five years. Blue Card holders are granted the same social and labor rights as the citizens of the receiving country as well as the right to family reunification. From 2013, the Member States will keep statistics on the number of Blue Cards issued each year.

Original goals of the Commission

With these rules, the Member States signaled that they recognize the recruitment of high-skilled workers to be necessary, but that they are unwilling to establish a truly common EU policy. But precisely such a common policy was the objective of the original Commission proposal in 2007, as developed by then-European Commissioner for justice, Freedom and Security, Franco Frattini. While 55 percent of US immigrants are highly qualified, he argued, this is only true of 5 percent of immigrants to the EU. 85 percent of immigrants to the EU have only limited skills. According to Frattini, the main reason why the EU is so unattractive for high-skilled immigrants is the fragmented nature of the European labor market. If the EU was to compete with the United States for high-skilled immigrants, Frattini said, it would have to offer them access to an EU-wide labor market and create an immigration status that is valid across Europe with no temporal limitations, is granted through a straightforward application procedure and provides generous terms for family reunification.

Key components of this Commission proposal are missing from the Blue Card legislation. In particular, third-country nationals are not granted access to an EU-wide labor market. Looking back, two reasons are evident for the failure of the original proposal. An analysis of these reasons provides important insights that can be used in developing supplementary approaches to augment EU policy on high-skilled migration.

Concerns about national sovereignty

First and foremost, the Member States rejected the Commission proposals because they feared a loss of national sovereignty. Although immigration is a politically sensitive area of policy, such fears seem surprising. EU countries were and are largely in agreement regarding the potential economic and social benefits of high-skilled migration. All of the Member States show a significant need for additional highly qualified workers (and one that is increasing in the face of demographic change). There is also general agreement that new labor market and training policies for domestic workers will not suffice to meet this need. High-skilled migrants are considered relatively unproblematic from the viewpoint of integration policy, meaning that arguments about the “limited absorption capacity” of Members have scarcely arisen. And according to findings of the Organization for Economic Cooperation and Development (OECD), nothing in this positive assessment of high-skilled immigration has changed-regardless of the financial and economic crisis.

The Member States’ concerns about EU cooperation only really make sense when looking at the ongoing structural differences between the countries. Despite the convergence processes in the EU economic area, the EU Members still differ widely in terms of production structure, degree of value added, structure of employment, and the level of government regulation. At the same time, the Member State governments place high priority on maintaining both their flexibility in determining labor-market policy and their ability to act independently in order to respond quickly to changes or downturns in the economy. Among the instruments of labor market policy used to this end are immigration regulations, in particular the right to decide which immigrants are granted entry to the country and its labor market. The Member States’ willingness to hand over authority to the EU in this key area of national sovereignty is extremely low.

Just how important it is to Member States to maintain national control over immigration is reflected in the fact that some governments began revising their national policies on the recruitment of high-skilled workers even while Blue Card negotiations were still underway. These divergent reforms tended to be on the cautious side (Germany), but some were more sweeping in scope (Sweden). Whether the revised national policies will contribute to increased high-skilled immigration over the coming years remains to be seen. The existing data suggest, however, that the total number of immigrants will not increase to the degree expected. The revised immigration regulations in Germany, for example, did not seem to be the cause for an increase in the number of high-skilled foreign immigrants-at only 151 in 2007 and still just 157 in 2008.

Hopes for domestic labor potential

The second reason for the limited success of the Commission proposal lies in an important concern of many Member States – the desire to better utilize the labor-market potential of residents of immigrant origin before encouraging increased immigration. In past decades, the EU Member States allowed a large number of immigrants to settle on their territories. Many of these newcomers are now integrated into the labor market and society, but a significant proportion is not. The reasons for their non-integration are manifold, ranging from inadequate government integration programs and a lack of strategic guidance to the immigrants’ own unclear ideas about their goals and the duration of their stay. These failures apply to many immigrant groups, not just the workers recruited under “guest worker” programs.

From a labor-market perspective, integration failures mean squandered potential. Tapping this potential is undoubtedly in the interest of all EU countries, especially in light of the growing lack of skilled labor and the high costs of non-integration. There is also a clear need for Member States to work with one another on these issues. After all, each has a stake in the others’ economic and social health. Yet the Commission’s proposal on high-skilled immigration did not provide a satisfactory response to this challenge. Until the entry into force of the Lisbon Treaty in 2009, the EU lacked a clear competence in the area of immigrant integration. The Commission proposal was thus aimed at the recruitment of new third-country nationals and ignored the vast potential that already exists within the EU and its Member States.

Options for action

Three possible courses of action present themselves as measures to supplement existing policy:

Find a form of cooperation that preserves national sovereignty: The Blue Card proposal was based on the assumption that the differences between the Member States would be detrimental to the EU’s attractiveness to high-skilled immigrants. This may be true, but given the Member States’ unwillingness to give up their idiosyncrasies and indeed the immutability of some of these differences (language, geography) it is worth asking whether the divergences between Members might not be turned to the advantage of the Union.

The reasons why workers migrate are diverse: they range from the economic demand in a specific sector to the language or geographic location of the receiving country or to historic connections between receiving county and country of origin. Most EU countries are able to compete with the “classic” immigration countries – the United States, Canada, and Australia – in at least some of these areas. So for EU Member States that share a similar need for high-skilled labor and are able to offer similar working and living conditions, it could make sense to work together to recruit foreign workers with the right profile.

Replacing its futile effort to emulate Australia and the US, the EU would make concerted use of the differences between its Members. Through targeted agreements with third countries – the EU’s Mobility Partnership scheme, perhaps – groupings of Member States with similar points of attraction would woo high-skilled immigrants. They would club together to offer easy access to their own and to their partners’ labor markets.

Better utilizing existing potential: There is no doubt that the integration of immigrants needs to be improved in all of the Member States. For some time now, the EU has been calling for discussion of ‘best practices” in promoting integration, but so far, the Member States have not succeeded in agreeing on a common integration model. Without a robust agenda, integration policy is in danger of taking a back seat to migration control. Efforts to provide asylum seekers with access to the labor market, for example, are still viewed primarily as a hindrance to the management of irregular immigration.

Allowing the EU to make fuller use of its new integration policy mandate does not necessarily mean that the Union would interfere in sensitive cultural issues at the national level. Rather, the EU could concentrate on promoting labor market integration by providing support for education and training, while leaving cultural aspects of integration up to the Member States. This option would entail allocating increased resources to EU programs (particularly the Integration Fund) and to use them more intensively for the education and training of immigrants already living in the EU than has been done so far.

Attracting high-potential immigrants: With the Bologna Process and the Lisbon Agenda, the Member States have begun reforming and harmonizing their systems of higher education to make the EU more attractive to foreign students. The intention so far has not, however, been to create incentives for foreign graduates to remain in the EU after completion of their degrees. Here too the Member States are failing to utilize a potential labor source.

A third option could thus be for the EU-despite its limited remit in educational policy – to become more engaged in this policy field and help create a common educational market to attract and retain promising young students. Numerous questions would still have to be answered regarding tuition fees, labor market access after graduation, conditions for mobility within the EU, avoidance of brain drain, and other issues. If such an approach were designed intelligently, however, it could create advantages for everyone involved-countries of origin, destination countries, and the immigrants themselves-and better utilize the potentials of such “educational immigrants”.

As we remember, following its publication in the Official Journal of the EU, the member states (except Britain, Denmark and Ireland) had two years to incorporate the Blue Card provisions into their domestic legislation. This means by June 19, 2011 – less than a year now!

After that date, and as determined by the individual member states, EU Blue Card applications should be accepted and processed by the corresponding member state and judged according to their specific national guidelines.

Spain has already done so (Ley Orgánica 2/2009, in effect December 13, 2009, and a revision of Ley Orgánica 4/2000) – incorporated the Blue Card into Spain’s national law. However, Spain does not yet accept Blue Card applications and has not yet made public what their requirements will be.

If you go over articles below you will see that thee EU Countries – Britain, Denmark and Ireland may not participate in the EU Blue Card initiative. Wondering why? They already have their own ‘high-skilled’ immigration schemes. Before I moved to Germany two years ago I was considering applying for Danish ‘high-skilled’ visa and I actually did over half of the paperwork, but then I got the German offer.

So… if you don’t want to wait until EU Blue Card gets in force you may consider applying to so called ‘Danish Green Card’. In short this is how it works. You do the paperwork, apply and get special type of visa. With it you can live in Denmark for some time trying to find job. If you find the job – you stay.

Interested? Find out more on the Web, or, I recently saw a relevant book on Amazon. Here it is: Immigration To Denmark: Step By Step Guide.

European Council press release. Brussels, 25 May 2009.

Council adopts the “EU Blue Card”: more advantages for high-skilled foreign workers.

The Council today adopted a directive aimed at facilitating conditions of entry and residence in the EU of third-country citizens for the purpose of highly qualified employment.

The directive establishes more attractive conditions for third-country workers to take up highly qualified employment in the member states of the Union, by creating a fast-track procedure for issuing a special residence and work permit called the “EU Blue Card”.

The Blue Card will facilitate access to the labour market to their holders and will entitle them to a series of socio-economic rights and favourable conditions for family reunification and movement across the EU.

The directive determines the common criteria to be set by the EU member states for applicants of the Blue Card without prejudice to more advantageous conditions provided for by national laws.

The period of validity of the EU Blue Card will be comprised between one and four years, with possibility of renewal. A Blue Card may also be issued or renewed for smaller periods in order to cover the work contract period plus three months.

After eighteen months of legal residence in the first member state as an EU Blue Card holder, the person concerned and his family members may move, under certain conditions, to a member state other than the first member state for the purpose of highly qualified employment.

Under the rules set by the directive, EU Blue Card holders will enjoy equal treatment with nationals of the member state issuing the Blue Card, as regards:

• working conditions, including pay and dismissal;

• freedom of association;

• education, training and recognition of qualifications;

• a number of provisions in national law regarding social security and pensions;

• access to goods and services, including procedures for obtaining housing, information and counselling services; and

• free access to the entire territory of the member state concerned within the limits provided for by national law.

… and here are the next steps

Following its publication in the Official Journal of the EU, the member states will have two years to incorporate the new provisions into their domestic legislation.

Some more news should come soon…

As you can see in my earlier post endorcement for Blue Card had to come in February-March 2009. Febaruary is over, but March not… so we should wait. I was digging trying to find out when exactly it should be, but in vain. So not much for the moment.

Below I present the most recent official summary of what Blue Card is. It is downloaded from the European Parliament Legislative Observatory.

The European Parliament adopted, by 388 votes to 56 with 124 abstentions, a legislative resolution, amending the proposal for a Council directive on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment   (European Blue Card Directive.) The report had been tabled for consideration in plenary by Ewa KLAMT (EPP-ED, DE), on behalf of the Committee on Civil Liberties, Justice and Home Affairs.  Parliament’s amendments seek to ensure a clearer framework for the Blue Card scheme, with more precise definitions, more flexibility Member States, whilst aiming to avoid a brain drain from third countries.

The main amendments – adopted in the framework of the consultation procedure – are as follows:

Definitions: Members stress that higher education qualifications or higher professional qualifications are required to qualify. They deleted the Commission’s reference to ‘higher education qualifications or at least 3 years of equivalent professional experience.’ Parliament stated instead that “higher professional qualifications” means qualifications attested by evidence of at least 5 years of professional experience of a level comparable to higher education qualifications, including at least 2 years in a senior position.

This is much stronger than it was before… check again if you comply…

Scope: the Directive will apply to third-country nationals who apply to be admitted to the territory of a Member State for the purpose of highly qualified employment, but Parliament stated that it would also apply to third-country nationals already legally resident under other schemes in a Member State who apply for an EU Blue Card. It will not, however, apply to those staying in a Member State as applicants for international protection or under temporary protection schemes or who, in either instance, have applied for a residence permit and on whose legal status no decision has yet been taken. Nor will it apply to the following: those who have who have applied for recognition as refugees; intra-corporate transferees, providers of contractual services and trainees with higher education qualifications who are covered by the European Community’s obligations under the General Agreement on Trade in Services (GATS); and seasonal workers. However, the plenary did not accept the view of its competent committee that an EU Blue Card should be granted only to highly qualified immigrants from third countries with which the EU has previously concluded cooperation and partnership agreements, including in the areas of mobility and immigration.

I’m currently working in EU so will be quite interested in applying for Blue Card – it should give me some flexibility for finding new job in the case the my contract is not prolonged…

Other admission conditions: Parliament stated that the following conditions will also apply

- level of pay: the gross monthly wage must not be inferior to a national level defined by the Member States which shall be at least 1.7 times of the gross monthly or annual average wages in the Member State concerned and shall not be inferior to the wages which apply or would apply to a comparable worker in the host country;

- health insurance: Blue Card holders must prove that entitlement to health insurance benefits are provided in connection with, or resulting from, the work contract;

- public policy: they must show that they do not, for reasons which can be objectively demonstrated, constitute a threat to public policy, public security or public health.

Members deleted the derogation in the Commission’s proposal relating to a third-country national of less than 30 years of age and holding higher education qualifications.

Nice that 30-years-old thing is removed…

Community preference: Parliament amended the Commission’s text and stated that, for reasons of labour market policy, Member States shall (rather than may) give preference to Union citizens. They may give preference to third-country nationals, when provided for by Community legislation, as well as to third-country nationals who reside legally and receive unemployment benefits in the Member States concerned. Member States shall reject an application for an EU Blue Card in labour market sectors to which access by workers from other Member States is restricted on the basis of transitional arrangements set out in the Acts of Accession of 16 April 2003 and 25 April 2005. A Member State may give preference to holders of the residence permit “long-term resident – EC / EU Blue Card holder” over other third-country nationals applying to reside there for the same purposes in a situation where two or more candidates are equally well qualified for the job.

Validity of the Blue Card: the initial validity of an EU Blue Card shall be of 3 years (rather than 2) and shall be renewed for at least another two. If the work contract covers a period of less than 3 years (rather than 2), the EU Blue Card shall be issued for the duration of the work contract plus 6 months (rather than 3). Unemployment in itself shall not constitute a reason for withdrawing or failing to renew an EU Blue Card, unless the period of unemployment exceeds six consecutive months. An EU Blue Card holder shall have the right to remain on the territory of the Member States for as long as he/she is engaged in training activities aimed at further increasing his/her professional skills or professional re-qualification.

Brain drain: a new clause states that Member States shall not actively seek to attract highly qualified workers in sectors that are already subject, or are expected to be subject, to a shortage of highly qualified workers in the third country. This applies to the health and education sectors in particular. Members note that the derogations to Directive 2003/109/EC will encourage the circular mobility of these professionals, as well as the subsequent involvement of the same migrant workers in training, research and technical activities in their countries of origin. Member States should establish cooperation agreements with third countries with a view to safeguarding both the Union’s needs and the development of the third countries from which highly qualified immigrants come. Member States may reject an application for an EU Blue Card in order to avoid a brain drain in sectors suffering from a lack of qualified personnel in the countries of origin.

Some ‘third-countries’ may list all professions as “brain drained” to avoid people leaving these countries… I hope this is not very serious.

Making the EU more attractive: in the competition for the ‘best and brightest’, the EU comes off relatively badly by comparison with the United States, Canada or Australia.  Members stipulated that, by issuing an EU Blue Card a Member State commits itself to issuing relevant documentation and visas, where applicable, as speedily as possible, but at least a reasonable period of time before the applicant is due to commence the employment on the basis of which the EU Blue Card was issued, unless the Member State cannot reasonably be expected to do so because of late application for the EU Blue Card by either the employer or the third-country national concerned.

Establishment in a 2nd Member State: after 36 months of legal residence in a Member State as holder of a Blue Card, the person concerned shall be allowed to carry out highly qualified employment in another Member State while residing in the first Member State.

By Mirko Gentili from LaSpecula.com

Last Thursday, on 20th November, European Parliament in plenary has approved with a broad majority (388 votes in favour, 56 against and 124 abstensions)  a proposal, for first advanced by the Commission and then amended in Strasbourg, concerning the conditions of entry and residence of highly-skilled workers coming from extra-EU countries.

It refers to the possibility for this category of immigrants to receive the “blue card” – as in the U.S.A for the same purpose it exists a “green card” – that it will allows them to live and work with their families near in european countries for a mininum of 3 years till a maximum of 5 years if it’s renewed twice.

As we’ll see in the lines below, this decision has been taken to give a solution at the skill shortages in some economic sectors of Europe and to contrast the actual trend that sees USA and Canada as two of the most preferred countries for highly-skilled workers.

The report of an euro-deputy, Mrs Ewa Klamt, has been the basis of the deliberation about the directive. So, we decided to reach her and ask some questions to understand better the true importance of this directive, the reasons for the birth of this proposal and the perspective of a european immigration policy.

Mrs. Klamt, could you explain to our readers how does the EU-BlueCard works?

«The objective of the Blue Card propposal is to introduce a fast-track and flexible admission procedure and favourable residence conditions for third-country nationals.

A person applying for a Blue Card must either have completed a university study or must have a comparable professional experience of at least five years. The Commission had proposed a three-year minimum experience. The minimum salary which has to be paid for such highly qualified workers from third countries amounts to at least 1.7 times the average gross annual salary of employees in the EU. The Council favours a factor of 1.5, whereas the Commission had stipulated three-times the national minimum wage in its previous proposal.

We need realistic and good criteria, which are interesting for the applicant and do not let the EU fall behind its main competitors, such as the USA, Canada or Australia. Once a Blue Card is issued, the Blue Card holder enjoys full mobility within the EU. After two years of legal employment in the first Member State, the Blue Card holder may seek highly qualified employment in a second Member State. Blue Card holders are also allowed to bring their families with them immediately.

The initial validity of an EU Blue Card shall be of three years. The Blue Card is then renewable for at least another two years».

What should  the benefits be of this proposal for European Union and for the highly-skilled immigrants?

«As you might know the EU is still not regarded as attractive by high-skilled workers. In the competition for the ‘best and brightest’, the EU comes off relatively badly by comparison with the traditional immigration countries such as the United States, Canada or Australia. Highly qualified workers from all third countries account for 1.72% of the EU’s total workforce, which is also well behind other important immigration countries such as Australia (9.9%), Canada (7.3%), the US (3.2%) and Switzerland (5.3%). The 27 different admission regimes at present in the EU are the main reason for its low level of attractiveness as an immigration destination. As a consequence it is considerably more difficult for potential migrant workers from third countries to move easily from one Member State to another.

Therefore, the objective of the Blue Card proposal is to introduce a fast-track and flexible admission procedure and favourable residence conditions for third-country nationals in order to make the EU more attractive for highly qualified workers.

The benefits for the EU Blue Card holder are, on the one hand, the right to move freely within the EU and, on the other hand, the right to immediate family reunification as well as the possibility to take up highly qualified employment in a second Member State after two years».

Some analysts and politicians criticized this measure because it could encourage the “brain-drain” from poorer countries, except for education and health sectors. What do you think about it?

«In the European Parliament it has been agreed that the Member States should not actively seek to attract highly qualified workers in sectors that are already subject, or are expected to be subject, to a shortage of highly qualified workers in the third country. This applies to the health and education sectors in particular. Member States should establish cooperation agreements with third countries with a view to safeguarding both the Union’s needs and the development of the third countries from which highly qualified immigrants come.

The cooperation agreements should include ethical recruitment policies and principles and be strengthened by the development of mechanisms, guidelines and other tools to facilitate circular and temporary migration by which highly qualified immigrants may return to their countries of origin.Moreover, according to article 9 paragraph 2 of the Blue Card report, Member States may reject an application for an EU Blue Card in order to avoid a brain drain in sectors suffering from a lack of qualified personnel in the countries of origin».

What are the sectors where European Union need more highly skilled workers?

«First of all, I would like to mention that every Member State is able to determine the volume of admission of highly qualified workers from third countries. If there is no demand for highly skilled workers in a Member State, a Blue Card will not be issued. I can only give you some figures for my own country. For example in Germany, there is a demand for 95.000 engineers which cannot be met by the national workforce.According to a study of the Institute of German Economy there were about 165.562 vacant posts for highly qualified workers which could not be filled in 2007. Among them, 6.849 in the sector of Economics and social sciences, 8.130 in the masters, 3.192 in Law and 73.288 in Engineering and natural sciences».

In your opinion, could the “Blue Card” be a first step towards a common immigration policy?

«Yes, the Blue Card directive is a first step in the field of legal migration and toward a common immigration policy which allows highly qualified third country nationals to work and reside in the EU. Other directives in this field will follow (e. g. seasonal workers, remunerated trainees and intra-corporate transferees).

Illegal migration can only be effectively tackled if we open up the door for legal migration and close the door for migrants coming illegaly to the EU. That means, if the EU provides for prospects and offers of legal migration, countries of origin and transit countries will have an interest in joining the fight against illegal immigration».

Yes, Blue Card adoption is unfortunately postponed, but hopefully for only few months… an article from AFP

The EU’s new “blue card” scheme to attract skilled migrant workers has been postponed, the bloc’s French presidency announced Thursday.

The blue card, meant to entice highly-qualified non-EU nationals to Europe by giving them access to certain rights in any nation, was due to be endorsed on December 8.

“The Blue Card will be formally adopted in the early months of 2009,” said French Immigration Minister Brice Hortefeux, after chairing talks with his EU counterparts in Brussels.

So endorsement that had to come on 8th of December 2008 will come somewhere in February-March 2009…

The Czech Republic, which takes over the EU’s rotating presidency from France on January 1, had previously held up a deal until its own workers were given access to all EU member states.

The barriers to them in Germany and Austria are set to come down in 2011.

“There’s no problem,” said Hortefeux. “The fact that the Czech Republic has lifted its objections has permitted us to adopt the project and it will be endorsed under their presidency.”

I find it strange that Czech Republic is so interested with having all EU states opening borders to nationals of Czech Republic looking for job. Normally ‘labor donor’ countries are rather concerned with brain drain phenomenon and are thinking of opposite – how to preserve the labor force within the country.

The European Parliament, in a non-binding report last week, urged the 27 EU countries to set the salary bar for immigrant workers higher than they had planned.

“The states are not bound by these amendments but we are not taking the parliament’s vote lightly and we are going to see if improvements are possible,” a French diplomat said Tuesday.

However, he added: “There is no margin for manouevre to adjust the text on the ceiling for salaries.”

The MEPs wanted EU interior ministers to insist that “blue card” candidates must have a job offer in Europe which pays at least 1.7 times the national average wage in the country they are applying to work in.

EU states have agreed that the amount should be 1.5 times the salary level. The level could be lowered in some countries in sectors short of workers.

I think everybody now know by hard that it will be between 1.5 and 1.7 of national average wage. To say the truth I don’t think this is a problem for applicants because average wages in EU are quite low.

With their population growth in decline, EU member states are looking to foreign labour to fill certain jobs but are struggling to compete with the United States, which attracts roughly twice the number of skilled workers.

MEPs support the European “Blue Card” proposal for highly-skilled immigrants

MEPs backed the EU’s “Blue Card” scheme to attract highly-skilled immigrants to take jobs in EU economic sectors suffering from skill shortages, modelled on the US “Green Card” system. However, they propose a clearer frame, more precise definitions, and to ensure more flexibility for Member States, whilst urging them to avoid a brain drain from third countries. They also say that Blue Card workers should not have priority on EU nationals on the labour market.

Who should be eligible for a Blue Card?

In a consultation report drafted by Ewa Klamt (EPP-ED, DE) adopted in plenary with 388 votes in favour, 56 against and 124 abstentions, MEPs sought to clarify blue card eligibility requirements: an applicant must have found a job in the EU, and have at least five years’ experience in the sector concerned or a university qualification recognised by the Member State. The applicant’s contract must guarantee an income of at least 1.7 times the average gross salary in the Member State of residence, add MEPs, who stipulate that this salary must not be lower than that of a comparable worker in the host country.

It must also be possible to grant the card to third country nationals already legally staying in the Union under other regimes, but it should not be granted to asylum applicants or third country nationals admitted to the Union as seasonal workers, as the latter are covered by a specific proposal for a directive, say MEPs.

Access to social protection

The Blue Card will also entitle its holder to family reunification within six months – his or her spouse would also be able to seek a job in the Union – and to social welfare coverage in the Member State concerned. A holder who loses his or her job should have six months to find another, rather than three as proposed by the Commission, say MEPs.

What about Community preference ?

MEPs consider 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. MEPs also agree that preference may be given to EU citizens as well as to unemployed third country nationals who reside legally, for reasons of labour market policy. Members also ask member states not to allow Blue Cards in sectors where access to new member states’ workers is still restricted.

The “brain drain” concern

MEPs also say that Member States should not actively encourage the “brain draining” of third countries through the Blue Card in sectors where these countries suffer from labour shortages, particularly in the areas of health and education.

New Member States

Parliament also says that Member States shall reject an application for an EU Blue Card in labour market sectors to which access by workers from other Member States is restricted on the basis of transitional arrangements set out in the Acts of Accession of 16 April 2003 and 25 April 2005.

Background

The Blue Card, proposed by the European Commission, is designed to attract highly-qualified workers from third countries by giving them access to the 27 Member States. This card would not replace existing national systems, but would provide an additional channel of attraction, with a common grant procedure. By issuing a Blue Card, the member state commits itself to issuing all the necessary documents and visas needed by the immigrant.

Most highly-skilled migrants prefer destinations such as the USA, Australia or Canada to the EU, due to the fragmentation of EU labour markets. 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 would therefore normally 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, say MEPs.

British and Irish government decided not to opt-in to the Blue Card scheme

In January 2008, the UK decided not to participate in the adoption and application of the Legal Migration Directives including the Blue Card.  One of the main reasons for this decision being that it is at odds with the UK’s Points Based System and with managing migration on the basis of a national assessment of labour market needs.

The Irish government has also decided not to opt-in to the Blue Card.

Single application procedure could have been more ambitious

The directive on a single application procedure and common set of rights for third-country nationals wishing to legally reside and work in the EU could have been “more ambitious”, says the EP, but it does complement the Blue Card directive, the EU plan to model the US “Green Card” system.

While the House generally welcomes the proposal, it regrets that “it was not more ambitious” and that “it does not cover the entry conditions for all third-country nationals wishing to pursue an economic activity in the EU”. However, Member States’ reluctance with regard to such a proposal is understandable, it says.

Member States rights not affected

MEPs consider it important to make clear that “the content of this directive does not affect the Member States’ right to determine the entry conditions nor the number of migrants they wish to admit to their territory”. In addition, “the period of validity of the single permit is to be determined by each Member State,” says the report adopted with 442 votes in favour 77 against and 42 abstentions.

“The procedure in no way interferes with the Member States’ competence as far as the processing of requests is concerned, only as regards the time limit which needs to be complied with”.

The directive complements the EU’s Blue Card plan

The single application procedure is meant to complement the EU’s Blue Card plan, which seeks to attract skilled workers. Adopting the two simultaneously would therefore avoid a “twin-speed immigration policy”, which favours highly-skilled workers and refuses access to those who are less skilled, the report emphasises.

The single procedure

The proposal for a Directive seeks to put in place a single application procedure leading to the issuing of a single residence and work permit. The report claims there are several advantages to this, including simplified administration and less bureaucratic procedures.

The common set of rights

Currently in the EU there are major differences among the Member States regarding the treatment of migrant workers. Equal treatment of third-country nationals in Member States, particularly in areas connected with employment “must be guaranteed”, says the House, and granting these rights “is a minimum requirement”.

Finally, Member States, say MEPs, should ratify the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

An European Parliament Press Release : A European “blue card” for highly-skilled immigrants

The EU’s “blue card” plan to attract highly-skilled immigrants to take jobs in EU economic sectors suffering from skill shortages, modelled on the US “green card” system, needs clearer definitions, said the EP Civil Liberties Committee on Tuesday. The committee proposed clarifications, and more flexibility for Member States, whilst urging them not to “steal” brains from third countries and reaffirming the “Community preference” principle.

The blue card, proposed by the European Commission, is designed to attract highly-qualified workers from third countries by giving them access to the 27 Member States. This card would not replace existing national systems, but would provide an additional channel of attraction, with a common grant procedure.

Most highly-skilled migrants prefer destinations such as the USA, Australia or Canada to the EU, due to the fragmentation of EU labour markets. 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 would therefore normally 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 three months, said MEPs.

Who should be eligible for a blue card?

In a consultation report drafted by Ewa Klamt (EPP-ED, DE) in co-operation with the Employment Committee and approved on Tuesday with 30 votes in favour, none against and 11 abstentions, Civil Liberties Committee MEPs sought to clarify blue card eligibility requirements: an applicant must have found a job in the EU, and have at least five years’ experience in the sector concerned or a university qualification recognised by the Member State. The applicant’s contract must guarantee an income of at least 1.7 times the average gross salary in the Member State of residence, add MEPs, who stipulate that this salary must not be lower than that of a comparable worker in the host country.

It must also be possible to grant the card to third country nationals already legally staying in the Union under other régimes, but it should not be granted to asylum applicants or third country nationals admitted to the Union as seasonal workers, as the latter are covered by a specific proposal for a directive, say MEPs.

Guaranteed access to social protection

The blue card will also entitle its holder to family reunification – his or her spouse would also be able to seek a job in the Union – and to social welfare coverage in the Member State concerned. A holder who loses his or her job should have six months to find another, rather than three as proposed by the Commission, say MEPs.

MEPs reiterate Community preference…

MEPs consider 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, they say.

… and seek to prevent a “brain drain”

MEPs also say that Member States should not actively encourage the “brain draining” of third countries through the blue card in sectors where these countries suffer from labour shortages, particularly in the areas of health and education. Moreover, Member States should grant the card only to the nationals of third countries with which co-operation agreements on immigration have been established, say MEPs.

An article from Deutsche Welle | Europe Agrees to Blue Card for Skilled Migrants

European Union officials agreed to develop a so-called Blue Card, a fast-track work visa they hope will attract skilled migrant workers from devleoping countries. Engineers and health care workers are in high demand.

In a bid to attract high-skilled workers from developing countries, the European Union will push forward a Blue Card scheme, an EU official told Reuters news agency.

The Blue Card, which will be good for up to four years, will speed up the application process and make it easier for workers to bring families, get housing and acquire long-term resident status.

The EU hopes that the coordinated system for allocating work permits will allow the EU to compete with other Western countries for educated migrants such as technology workers and hospital staff. As Europe grows older, the shortage of skilled professionals is expected to increase.

Currently, skilled workers make up less than 2 percent of migrants in the EU. That’s compared with 10 percent of migrants in Australia, 7.3 percent in Canada and 3.2 percent in the United States, according to EU data.

Restrictions on placement

The Blue Card would allow an immigrant to work in one EU country. After the first 18 months, the worker could then move to another country, but would still have to apply for a new Blue Card within a month of arrival.

Some say that these limitations, insisted on by countries such as Germany, will make the scheme less attractive as the card will not allow Blue Card job seekers to move freely within the EU.

“It is clearly a step in the right direction but I don’t expect it to be a big success because if you compare it to the United States, a similar title gives access to the whole US market,” Jakob von Weizsaecker, a German labor market specialist with the Brussels-based Bruegel economic policy think tank told Reuters.

…and finally we are getting in the following paragraph answer to the question that everybody had – WHEN -> it will come into force in mid-2010!

EU ministers are expected to endorse the Blue Card scheme before the end of 2008 and it will then come into force by mid-2010. New EU countries such as the Czech Republic insisted on the delay, since their own citizens are not yet allowed to work in all EU countries.

An Article from Reuters AlertNet by Ingrid Melander; edited by Paul Taylor | FACTBOX-EU “Blue Card” aims to lure skilled migrants

European Union envoys agreed on Wednesday on a fast-track Blue Card scheme to attract highly skilled migrant workers from developing countries, in a bid to compete with the U.S. Green Card.

Here are the main features of the European system:

• The Blue Card will offer candidates speedier work permits and make it easier for migrants’ families to join them, find public housing and acquire long-term resident status.

• After 18 months of working with a Blue Card in one EU state, an immigrant may move with his/her family to work in another EU state, but must apply for a new Blue Card there within a month of arrival.

• To be eligible for a Blue Card, migrants must be offered a job with a gross annual salary of at least 1.5 times the average wage in the EU state concerned — falling to 1.2 times average earnings in areas with strong labour gaps.

• Migrants must have the equivalent of a bachelor’s degree, or at least five years of professional experience of a comparable level, to apply for a Blue Card.

• Governments may refuse to issue the Blue Card citing labour market problems or if national quotas are exceeded.

• Each EU state will decide how long a Blue Card will be valid, with a maximum of four years. It remains valid for at least three months if the migrant loses his or her job.

• High-skilled foreign workers make up 1.7 percent of migrant workers in the EU, compared with a share of 9.9 percent in Australia, 7.3 percent in Canada and 3.2 percent in the United States, EU data show.

• The scheme enters into force 30 months after EU governments endorse it in the coming weeks, an EU official said.

Lastly, find attached the following documents from European Parliament:

1. Proposal for a Council Directive on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment
2. Proposal for a Council Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State

EU Parliament Press Release

The proposed European Blue Card scheme for skilled immigrants will pass a crucial vote in the Civil Liberties Committee in early November. The EU is facing a skills shortage of 20 million over the next two decades – especially in engineering and computer technology. Ahead of the vote, which was postponed from 13 October at the last minute for procedural reasons, we spoke to Ewa Klamt of the EPP-ED group who is guiding the measure through parliament.

Last October the Commission proposed the Blue Card scheme to make it easier for skilled migrants to come to Europe. At present there are 27 different visa regimes in place.

The card would act as a work and residency permit for 2 years and can also be renewed. Family members will also be allowed into the EU whilst individual countries would be able decide for themselves how many skilled migrants to admit. By way of comparison the US Green Card allows permanent residency for 10 years and allows people to work and travel freely in America.

Speaking to us ahead of the committee vote Ewa Klamt stressed the need for skilled migrants. She said that in her native Germany “there is a lack of 95 thousand engineers” and that “the education system had only produced twenty thousand.”

She also warned of the need for Europe not to lose out on skilled labour saying that “50% of skilled migrants from Maghreb states go to the US or Canada, only 5.5 % come to EU.”

On the wider political need for the measures she was emphatic: “we have always said we need the possibility of a legal migration. If you want to stop illegal migration, you can only close the door if you open up the door for legal migration.”

Defining “highly qualified”

How to define a “highly skilled” individual is a key issue. MEPs on the Civil Liberties Committee support Ms Klamt’s view that there should be two possibilities. It could either a higher education qualification – meaning at least 3 years of studies – or higher professional qualification, attested by evidence of at least five years of professional experience.

I find it quite strange that this is still under discussion – so much time went, but they are still discussing the basics…

How to avert a brain drain

Many have voiced a fear that Europe will take the best and brightest from Africa and other parts of the developing world in a modern day “brain drain”. Ewa Klamt told us that “we say that in areas and sectors vital to achieving the UN millennium goals – like health and education – which are vital to developing countries we must restrict ourselves from plundering their essential workers.”

A possible compromise that could emerge is that EU countries may reject a Blue Card application to avoid brain-drain in sectors suffering from a lack of qualified personnel in the countries of origin.

Regarding the salaries to be paid to migrants, Ms Klamt told us that “we have put down that it has to be 1.7 times of the gross monthly or annual average wages under national law which is different in each country.”

In early November MEPs in the Civil Liberties Committee will give their vote on the Klamt report on the Blue Card. For this piece of legislation the parliament is involved under the Consultation procedure. In November the full parliament will vote on the agreement reached.

Conditions of entry and residency of third-party nationals for the purposes of highly qualified employment.

The Council held a policy debate on two key aspects of the Commission proposal: the criteria to be adopted for third-country nationals concerned to be able to have access to highly qualified employment and the relationship between the arrangements set out in the proposal and national systems.

The Council was largely in favour of complementary application of the European Blue Card scheme and national arrangements for issuing residence permits for employment purposes.

On the question of the criteria to be adopted in order for nationals of countries concerned to be admitted, the delegations expressed different points of view, particularly on the question of pay and the professional experience to be taken into account when defining a highly qualified worker.

The Council asked its preparatory bodies to continue working on this proposal for a Directive.

The purpose of this proposal, presented by the Commission in October 2007, is to improve the European Union’s ability to attract third-country nationals for the purpose of highly qualified employment. It aims not only to strengthen competitiveness under the Lisbon strategy, but also to limit the brain drain with regard to nationals of non-European countries. To this end, it aims to facilitate the admission of these nationals by harmonising conditions of entry and residence in the European Union, to simplify admission procedures and improve the legal status of those already present on the territory of the Member States.

Third-country nationals who satisfy the conditions laid down in the Directive may acquire a Blue Card, enabling them and members of their family to enter and stay in a Member State and to leave it, and to transit through the other Member States and have access to the labour market in the sector concerned. Furthermore, they will be able to enjoy equal treatment with nationals in a vast range of areas.

The proposal also aims to facilitate the mobility of holders of the Blue Card within the Union. After a period of residence and work in the Member State concerned, they will be able to go to another Member State to engage in highly qualified employment (subject to limits fixed by the authorities of that State concerning the number of nationals who may be admitted). The procedure is the same as that relating to admission to the first Member State.

The proposal for a Directive is one of the priorities on the French Presidency work programme.

“Blue Card will struggle to lure immigrant talent” by Ingrid Melander

The European Union’s bid to attract skilled immigrants with a fast-track “Blue Card” will struggle as it offers access to only one state at a time, analysts said ahead of Thursday’s meeting of interior ministers to agree the scheme.

The EU wants to make the bloc more competitive in a battle with the United States and other ageing Western states for much coveted technology workers and hospital staff from the developing world, increasingly needed to plug labour gaps.

But after 18 months of working with a Blue Card in one EU state when an immigrant can move to work in another EU state, he or she must apply for a new Blue Card within a month of arrival.

This takes away most of the advantage of having an EU-wide scheme for high skilled migrants because it gives access to a much smaller market and many fewer opportunities, says Jakob von Weizsaecker, from the Brussels-based Bruegel think tank. “The current EU Blue Card proposal would not be competitive compared to the U.S. H1B visa for the highly skilled or the U.S. Green Card,” he said. The H1B visa is another form of temporary work permit available in the United States.

“It is clearly a step in right direction but I don’t expect it to be a big success because if you compare to the United States, a similar title gives access to the whole U.S. market.”

Foreign high-skilled workers make up just 1.72 percent of migrant workers in the EU, compared with 9.9 percent in Australia, 7.3 percent in Canada and 3.2 percent in the United States, EU data shows.

LANGUAGE BARRIER

Bruegel’s Von Weizsaecker said non-English-speaking EU countries also had a language handicap compared to the United States or Australia, and that European universities were also not competitive enough, adding that the EU should therefore work on offering more generous terms to attract the best migrants.

“It is positive that EU member states are starting to think more clearly about the need to attract skill… but it probably won’t be a key mechanism to do that,” said Elizabeth Collett, at the Brussels-based European Policy Centre (EPC) think tank.

Collett said that the way the migrant is welcomed, education opportunities and tax regime play a bigger role.

When agreed by ministers, the Blue Card will be delivered to workers with a work contract which offers them a gross annual salary of at least 1.5 times the average in the member state concerned — that threshold can go down to 1.2 times the average salary in areas with strong labour gaps.

The Blue Card will offer candidates speedier work permits and make it easier for migrants’ families to join them, find public housing and acquire long-term resident status.

EU diplomats said the bloc was close to an agreement on the Blue Card scheme but a few issues still remained to be solved.

One issue was a demand by the Czech Republic that ministers make clear that the scheme would not enter into force before current curbs on workers from new EU member states in the bloc’s other member states were lifted.

Britain, Denmark and Ireland will not take part in the Blue Card Scheme, a French presidency official said.

This article is editing by Louise Ireland and Mark John.

Article from EurActiv: EU eyes higher pay for skilled immigrants.

Foreign engineers or doctors applying for jobs in the EU should earn at least 1.5 times the average salary in their host country in order to be defined as “skilled workers”, EU ministers agreed ahead of a justice and home affairs meeting on Thursday (25 September).

French Presidency sources said on Tuesday (23 September) that a breakthrough had been reached in negotiations on the so-called ‘Blue Card’ directive aimed at attracting high-skilled labour to the EU.

European justice and home affairs ministers are expected to endorse the proposal during a meeting on 25-26 September.

The definition of what skilled labour actually represents was one of the major stumbling blocks to clinching a deal on a directive for the Blue Card, which is part of a broader EU policy on immigration and asylum.

Ministers are already close to reaching final agreement on the Pact on Immigration and Asylum, which they hope will be officially adopted at the EU summit on 15 October. But more work remains to be done on the Blue Card Directive, the sources said.

Previous attempts to draw up lists of professions eligible for a Blue Card were abandoned, the sources added. Instead, consensus is emerging that the sole criterion should be the salary level. And since salaries differ widely across EU countries, it has been agreed that to qualify for a European Blue Card, immigrants must find an employer, which offers a salary at least 1.5 times higher than the average pay in the host country.

This “1.5 times thing” is very interesting… and smart. With this ‘trick’ EU makes sure that it indeed gets highest level professionals only. I liked it, but must accept that it makes quite hard to get blue card.

Some EU countries had proposed a ratio of twice the average salary, while others that are more open to immigration were proposing 1.1 or 1.2. In the end, a compromise figure of 1.5 was agreed, with derogations to lower the pay to 1.2 times the national average for sectors with acute labour shortages.

Some countries such as the UK, Finland and Germany, where legislation does not provide for fixed minimum salaries, have reportedly been reluctant to agree to the concept. But they have received assurances that the average salary is strictly statistical and that the Blue Card will not require changes to labour legislation, diplomats explained.

Indeed, it has nothing to do with minimal salaries – it is about average salary. Let us imagine that, for example, average ‘Web Development Team Leader’ salary is 4,000 EUR in Germany. This will mean that you need to find such job with 6,000 EUR to qualify for EU Blue Card.

The details must still be thrashed out, however, and the French Presidency does not expect to wrap up the Blue Card Directive at the 25-26 September Council. But expectations are high that a consensus will be found in November, French diplomats said.

This is brief comparison between EU Blue Card scheme and well-known US Green Card:

Permanent residency

EU Blue Card
Does not give permanent residency

US Green Card
Gives holder permanent residency

Validity period

EU Blue Card
Valid up to two years, renewable

US Green Card
Valid for 10 years, renewable

Permissions included

EU Blue Card
Allows holders and families to live, work and travel in EU

US Green Card
Allows holder to live, work and travel in the US

Application requirements

EU Blue Card
Applicant must have one-year EU job contract with salary of three times minimum wage

US Green Card
Five channels to seek a card: employment, family links, a lottery, investment, or resident since before 1972

Permanent residency / citizenship

EU Blue Card
Permanent residency automatic after five years

US Green Card
Holders can become US citizens after five years

The European Union currently has 27 member states:

The European Union currently has 27 member states: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom

European Commission Launches New Push for ‘Blue Card’

EU officials have unveiled a plan to help member countries fill the growing need for skilled employees. The plan envisages a ‘Blue Card’ system analogous to the US’s Green Card system to make Europe more attractive for professionals.

Representatives of the European Commission in Strasbourg unveiled a “Blue Card” fast-track migration program Tuesday as an attempt to allow skilled workers from outside the European Union to overcome immigration hurdles more easily.

“We are not good enough at attracting highly skilled people,” European Commission President Jose Manuel Barroso said at a press conference called for the plan’s release.

Possessing an European Union-wide work permit would allow skilled workers – including medical professionals, engineers, IT specialists and other highly qualified workers – to get work permits, move among the EU countries and obtain long-term residency status more easily and quickly, according to the proposal. “Highly qualified” was defined as having a university degree and three years of relevant experience.

Holders of an EU Blue Card would be treated just like EU nationals as regards tax benefits, social assistance, payment of pensions, access to public housing and study grants. According to the proposal, the Blue Card would be valid for two years, after which it could be renewed. It would also be revokeable if the holder became unemployed for more than three months. Family members would be permitted to join the card holders.

The card is similar to the Green Card used in the United States. European Commission officials voiced the opinion that the EU’s 27 countries lag behind the US and Canada in attracting and retaining highly skilled immigrant workers. “The EU as a whole … seems not to be considered attractive by highly qualified professionals in a context of very high international competition,” the proposal says.

EU Justice and Home Affairs Commissioner Franco Frattini, who has been working on the proposal for years, pointed to statistics showing how the EU was losing out to competitor nations in attracting skilled labor. The statistics showed that the percentage of the EU’s highly qualified workforce was made up of 0.9 percent non-EU workers, as opposed to 9.9 percent for Australia, 7.3 percent for Canada and 3.5 percent in the US.

“These figures show very clearly that, for the highly skilled workers, Europe is not very attractive and this is the reason why we have decided to launch this proposal,” Frattini said.

Falling birth rates and demographic shifts throughout Europe are some of the chief reasons why Europe is seeking to attract more skilled labor. Estimates hold that the EU’s working age population will decrease by 50 million by 2050, causing shortages in critical sectors.

To gain approval, the “blue card” and related legislation would have to be approved by all 27 EU member states. According to the proposal, each member state will set its own quotas for “blue card” grantees, based upon its needs.

The card has met with some resistence, particularly in Germany, where many remain skeptical of a pan-European solution to the problem. In September, the idea drew fire from German Economy Minister Michael Glos, who said: “Germany could not take in large numbers of foreign workers just because it needs them at one particular moment.” But business leaders in Germany have complained in recent months that shortages in skilled workers (more…) such as engineers and computer specialists could start to have a negative effect on the economy.

To be eligible to receive a “Blue Card” a migrant would have to have a contract for at least one year for a job with a salary at least three times – or, for candidates under 30, two times – the minimum wage in that country and health insurance. To offer the job to an immigrant, employers will be obliged to show that the job could not be filled by an EU citizen.

Next year, the commission is planning to propose employment guidelines for seasonal workers involved in the agriculture, construction and tourism industries. Thereafter, it hopes to also address the issue of non-EU employees of multinational companies who are often required to obtain multiple work and residence permits when working and living within the 27-member bloc.

The EU had been considering this issue since 1999, but shelved it for several years following 9/11. If EU member states agree to the law, each country will have two years to implement it.

[ The article was obtained from SPIEGEL ONLINE ]

MEMO/07/423, 23 October 2007

Attractive conditions for the admission and residence of highly qualified immigrants

Attracting and retaining the highly qualified immigrants needed for the EU economies

Today the Commission adopted a proposal for a Directive on the conditions for entry and residence of third-country nationals for highly qualified employment. Its aim is to provide Member States and EU companies with additional “tools” to recruit, retain and better allocate (and re-allocate) the workers they need. By doing so, the Commission intends to increase the competitiveness of the EU economy by enhancing the contribution made by legal immigration. This proposal is therefore in line with the objectives set out in the Lisbon Strategy.

EU enterprises have growing difficulties in filling current job vacancies, especially for highly qualified workers. The data is clear: the EU is witnessing an employment growth of 3% per year in high education sectors (1% in other sectors); a change in the occupational structure in favour of highly-skilled non-manual workers and, for these workers, high employment rates coupled with low unemployment rates (83.2% against 4.8%). The scarcity of internal resources – also due to limited mobility of EU citizens and to mismatches between educational and professional choices and labour market needs – has already led ten Member States to set up specific schemes to attract highly qualified immigrants, while many others are considering it.

The EU, however, with 1.72% third-country highly qualified workers of the total of the employed population, lags behind all the other main immigration countries, such as Australia (9.9%), Canada (7.3%), US (3.2%) and Switzerland (5.3%). These figures highlight the difficulty for the EU in attracting – and in certain cases, valorizing – these immigrant workers. If the economic situation in the EU continues to improve, the EU will find itself more and more in need of highly qualified workers. It is therefore time for the EU to act if it wants to reverse this situation at benefit from its advantages.

Part of the EU’s comprehensive migration policy

Today’s proposal is presented in accordance with the December 2005 Commission Communication, Policy Plan on Legal Migration (COM(2005)669), that envisaged, for the period from 2007 to 2009, the adoption of five legislative proposals . They included, a general Framework Directive and four specific directives on labour immigration. This package of legislative measures aims, on the one hand, at laying down simplified admission procedures and conditions for specific categories of migrants (highly qualified workers, seasonal workers, remunerated trainees and intra-corporate transferees); and securing the legal status of third-country workers already residing in Member States on the other. This selective approach was endorsed by the European Council in December 2006, inviting the Commission to present these proposals as part of the comprehensive EU Migration Policy. The two proposals adopted today – the proposal for a Directive on highly qualified workers and for a Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State – are the first two of the five legislative proposals announced in 2005 Policy Plan on Legal Migration. The remaining proposals relating to seasonal workers, remunerated trainees and intra-corporate transferees are planned to be presented in autumn next year.

Key elements of the proposal

As requested by the 2004 Hague Programme, this proposal aims at effectively and promptly responding to fluctuating demands for highly qualified immigrant labour – and to offset present and upcoming skill shortages. It does so by creating a level playing field at EU level to facilitate and harmonise the admission of this category of workers and by promoting their efficient allocation and re-allocation on the EU labour market. It does not create a right of admission; and is demand-driven, i.e. based on a work contract. Member States will therefore maintain control on which type – and on how many – highly qualified workers will enter their labour markets. It also respects the Community preference principle: in particular, Member States that apply the transitional arrangements limiting the free movement of workers from the new Member States shall respect the terms of the Acts of Accession, and therefore shall continue to give preference to workers of the EU-8 and EU-2 over third-country nationals.

Since labour market needs differ from Member State to Member State, the proposed common system combines harmonisation with flexibility in the following ways:

A fast-track procedure for the admission of highly qualified third-country workers based on common criteria: a work contract, professional qualifications and a minimum salary level which has to be at least three times the level of existing minimum wages at national level;

• A specific scheme for “young professionals” has been built in;

• Workers admitted under these schemes will receive a special residence and work permit, called the “EU Blue Card”, entitling them to a series of socio-economic rights and to favourable conditions for family reunifications;

• Access to the labour market in the Member State is subject to a restriction for an initial period of two years;

• Holders of a “EU Blue Card” can move to a second Member State for highly qualified work under certain conditions (notably, a work contract) after two years of legal residence in the first Member State;

• In order not to penalise geographically mobile workers, they are allowed to add up periods of residence in different Member States to obtain long-term EC residence.

In order to avoid negative ‘brain drain’ effects in developing countries, especially in Africa, the proposal promotes ethical recruitment standards to limit – if not ban – active recruitments by Member States in developing countries already suffering from serious brain drain.

The EU adding value

The proposed Directive aims at supporting Member States’ and EU companies’ efforts to fill gaps in their labour markets that cannot be filled by highly qualified EU nationals. In a market where there is increasing international competition for these workers, Europe can only succeed in attracting “the best and the brightest” if it speaks with one voice. To do so, the proposal will set up a harmonised procedure, lay down common residence conditions and facilitate mobility throughout the EU. Potential immigrants will therefore not have to face 27 different systems, but will know, easily,the conditions to be satisfied in order to be admitted in any Member State. So called “less attractive” Member States could also benefit from the attention given to the EU Blue Card and skills it will bring to Member States due to a higher visibility of the EU as a whole. The “advertising” value of the EU Blue Card will also contribute to its success. In order to further enhance and support the match between demand and supply of highly qualified labour, the Commission will analyse how to set up a database of Blue Card holders and a skill-matching database, in close synergy with the EURES system.

MEMO/07/422, 23 October 2007

Narrowing the rights gap and cutting red tape

Today the Commission adopted a proposal for a Directive on a single application procedure for a single permit for third-country nationals to reside and work lawfully in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. Its aim is to simplify and streamline application procedures by providing a “one-stop-shop” system and to narrow the “rights gap” in terms of work-related socio-economic rights by guaranteeing a common set of rights for all third-country workers residing legally in the EU.

Part of the EU’s comprehensive migration policy

Today’s proposal is presented in accordance with the December 2005 Commission Communication, Policy Plan on Legal Migration (COM(2005)669), that envisaged, for the period from 2007 to 2009, the adoption of five legislative proposals. They included a general Framework Directive and four specific directives on labour immigration. This set of legislative measures aims, on the one hand, to establish simplified admission procedures and conditions for specific categories of migrants (highly qualified workers, seasonal workers, remunerated trainees and intra-corporate transferees); and ensuring a more secure legal status for third-country workers already residing in Member States, on the other. This selective approach was endorsed by the European Council in December 2006, inviting the Commission to present these proposals as part of the comprehensive EU Migration Policy. The proposed Framework Directive, adopted together with a proposal for a Directive on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, are the first two of five legislative proposals announced in the 2005 Policy Plan on Legal Migration. The remaining proposals, relating to seasonal workers, remunerated trainees and intra-corporate transferees, are planned to be presented in 2008. Furthermore, in response to the request expressed by the European Parliament in its October opinion on the Policy Plan on Legal Migration, the Commission will launch a study to examine future labour needs in Europe, which could also be the basis for discussion on whether or not common rules for the admission of other economic immigrants should also be proposed in the future.

Key elements of the proposal

The proposal provides for a “one-stop-shop” system for third-country nationals who would like to reside in a Member State for the purpose of work. It envisages a single application procedure, thereby simplifying, shortening and accelerating the procedure both for the employer and the migrant. The conditions pursuant to which the third country national can be admitted are not defined in this proposal – this remains a matter for the Member States. However, when handling the application for skilled employment certain safeguards are guaranteed. For instance, access to information on the necessary documents for an application, the obligation to provide reasons for a decision to reject an application, and to make a decision on the application within 90 days.

If granted, the permit to stay and work should be issued in a single act. The “single permit” will adopt the existing harmonised EU format for residence permits. In practical terms it means that the competent authority has simply to add information on the access to the labour market into an existing residence permit.

The proposal also obliges Member States to indicate in all other existing residence permits issued for other purposes (e.g. family reunification, asylum, study) whether the third-country national is permitted to work. This will enable the responsible authorities to easily control if a third country national is working legally simply by looking at his/her residence permit.

By acknowledging that legally employed third country nationals contribute to the European economy the same way EU citizens do, the proposal further grants legally working third-country nationals basic socio-economic rights on an equal footing with its own nationals. Equal treatment with nationals of a Member State, in principle, would apply to all third-country workers legally residing and not yet holding long-term resident status. Such equal treatment would include, working conditions (including pay and dismissal), health and safety at the workplace, education, vocational training, recognition of qualifications, social security (including health care), export of pensions once they are paid, access to goods and services (including procedures for housing) and tax benefits.

The EU adding value

By introducing a single application procedure and a single permit, the proposed Directive would simplify admission procedures for the purpose of work and would contribute to a better control of immigration. Such a single application and permit is already applied in nine Member States already recognising its advantages. Another five Member States are currently envisaging introducing it.

Granting a common set of work related rights – among them equal treatment in pay and other working conditions – to lawfully residing third-country workers would not only reduce the rights gap and protect them from exploitation, but it would also protect EU citizens from cheap labour. Furthermore the proposal would create a level playing field across the EU for all third-country nationals residing and working legally.

EU proposes ‘blue card’ to attract skilled immigrants

23 October, 2007

EUOBSERVER / BRUSSELS – As part of efforts to fulfil Europe’s hunger for highly-qualified workers, Brussels has formally tabled the idea of an EU work permit – dubbed the blue card – allowing employment to non-Europeans in any country within the 27-nation bloc.

“We are not good enough at attracting highly-skilled workers nor are we young enough or numerous enough to keep the wheels of our societies and economies turning on our own”, European Commission president Jose Manuel Barroso said after the executive body had given its go-ahead to the plan on Tuesday (23 October).

“With the European blue card, we send a clear signal: highly-skilled workers from all over the world are welcome in the European Union”, Mr Barroso added, underling it would be “absurd” to address the problem of ageing population and labour shortages at a solely national level.

The blue card is designed to attract, and where necessary to retain, foreign workers in the EU labour market, which Brussels has described as a “need” scenario.

According to commission estimates, labour shortages will peak by 2050 when 25 million Europeans are expected to retire from work and one-third of the population will be over 65 years of age.

EU home affairs commissioner Franco Frattini, author of the proposal, pointed out that Europe had so far failed to win highly-skilled workers when compared to other immigration countries.

While in Europe, non-European highly-qualified workers make up only 1.7 percent of the employed population, they account for nearly ten percent in Australia, over seven percent in Canada and over three percent in the US.

According to Brussels, this is the result of several bad practices – migrants face 27 different admission systems and do not have the possibility of easily moving from one country to another for work.

How EU blue cards will work

But the European Commission said the blue card would not be “a blank cheque” to all highly-skilled workers.

In practice, an Indian engineer will be allowed to come to an EU state after presenting a valid work contract or a binding job offer. At first, the work permit will be limited to a maximum two-years stay, followed by the possibility to move to another EU state, so long as there was a valid work contract available.

It will remain an exclusive competence of member states to set specific numbers of economic immigrants entering their territory in order to seek work.

On the other hand, Brussels envisages harmonization of admission rules as well as guaranteeing newcomers the same social and economic rights linked to health-care, taxes or pensions as those of their national counterparts.

This proposal is an instrument for those who want to attract foreign workers, EU commissioner Frattini said, adding if a member state feels that it does not need workers, Brussels will not force them to take migrants.

Meanwhile, skills shortages in the new EU-member states and nations such as Germany are forcing authorities to rethink their strategies on immigration.

[ The article was obtained from EUobserver.com Web Site ]

EU’s Franco Frattini to unveil ‘blue card’ immigration scheme

23 October, 2007

The European Union is proposing a new immigration system for highly skilled migrants – loosely based on the United States “green card” – called the “blue card” after the color of the EU flag. The system is set to be unveiled on 23 October 2007 in Strasbourg, France by Vice President of the European Commission Franco Frattini.

The blue card is an attempt to lure migrants who would otherwise go to other destinations such as the US, Canada, or Australia. The European Commission says the EU needs 20 million skilled immigrants over the next 20 years, especially in the computer technology and engineering sectors.

The proposed scheme would offer a two-year, renewable work permit throughout the European Union. However, it comes with some restrictions – the blue card would require a recognized diploma, three years professional experience, and a job offer that could not be filled by an EU citizen.

“To maintain and improve economic growth in the EU, it is essential for Europe to become a magnet for the highly skilled. Qualified and highly qualified migrants prefer the USA, Canada and Australia,” the European Commission said in a statement.

“…the EU must present a united front, rather than emphasize the different immigration policies of each member state,” it added.

Not all nations would have to take part in the blue card scheme. The United Kingdom, Ireland, and Denmark would have the ability to opt out.

The UK said it would study the new scheme but would probably stay with developing its new points based scheme, set to roll out in 2008.

Ireland will more than likely continue with its own Irish Green Card scheme and it’s unclear what Denmark will do, being a fairly conservative country in regards to immigration.

Controversy

All of the EU Member States will have to agree on the final plan and approve it before it could come into effect. However, politicians in several nations, in particular Germany, the Netherlands and Austria, have expressed concerns and appear ready to resist.

Voters throughout Europe are worried about immigration and migration issues, and representatives from some regions need to address local concerns and viewpoints.

Businesses are pushing to open up the labor pool. Increasingly they maintain that new graduates and more skilled workers from outside of the EU, namely from source countries such as China and India, are required to sustain and increase economic growth.

What is clear is that the EU needs to solve its problem concerning skills shortages and an aging population.

The over-65 population of the EU is anticipated to rise from 15.4 percent figure in 1995 to 22.4 percent by 2025, according to the EU’s statistical office.

Meanwhile, skills shortages in the new EU-member states and nations such as Germany are forcing authorities to rethink their strategies on immigration.

[ The article was obtained from WorkPermit Web Site ]