The revision on the EU Blue Card Directive- negotiations blocked

The negotiations between the European Parliament and Council have started in September 2017 but are blocked.

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May 11, 2018
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The negotiations between the European Parliament and Council have started in September 2017 but are blocked.

Among the major blocking issues: the scope, the harmonisation of the EU Blue Card scheme on the EU level, the recognition of professional experience, the minimum wage threshold, the long-term mobility, the labour market test and the eligibility for the long-term resident status.

Other blocking issues such as: equal treatment, permitted period of unemployment, procedural deadlines and recognised employers’ schemes, are pending a compromise.

On 3 May (ERA, Annual Conference on EU Migration Law), Shane Murphy, Policy Adviser for the Group of the Progressive Alliance of Socialists & Democrats in the European Parliament, has brought an overview of the EU Parliament position:

 

POLITICAL ISSUE

EUROPEAN PARLIAMENT POSITION

COUNCIL POSITION


COMPROMISE

(foreseeable)

Harmonisation- EU Blue Card vs National Parallel Schemes

EU Blue Card sole option for TCN entering the EU for the purposes of highly-skilled employment

National parallel schemes must be allowed

Complementarity between EU Blue Card and national schemes

Scope

To include applicants for international protection who already have access to the labour market

Reluctant to accept

?

Professional skills

To consider professional experience in lieu of academic qualification

Recognition of professional experience must remain optional

?

Salary threshold

To maintain mandatory thresholds with a specific derogation

To impose a much higher threshold in certain circumstances

?

Mobility provisions

To facilitate long-term mobility to another MS through a notification procedure

Long term mobility submitted to a new application in the second MS

?

Labour market tests

Only where high unemployment in a given occupation or sector and however remove LMT for family members

To permit MS to carry out LMT on all applicants

?

Long-term residents

EU Blue Card holders eligible for the long-term resident status after 3 years of continuous residence.

To leave optional the (only) 3 years period

?

Go to the profile of Tanel Feldman

Tanel Feldman

Managing Partner, Immigration Law Associates

Corporate Immigration Law/Employment Law/Social Security Law/European Law

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