European Parliament Press Release – an interesting one!
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.