In October 2007, the European Commission unveiled the Blue Card, an initiative inspired by the US Green Card and other similar programmes in Canada and Australia

These type of cards are designed to attract highly-skilled people from outside Europe. Skilled immigration is needed to help support EU member states’ ageing population and declining working age population. By 2009, the European Council approved Directive 2009/50/EC in a bid to facilitate conditions of entry and residence in the EU of third-country citizens for the purpose of highly qualified employment. The last enlargement in 2007 brought the total population to approximately 490 million, with the number of people living in the EU expected to decline in the coming decades. By 2050, one-third of the EU population will be over 65 years of age.

The Directive allows highly qualified workers from third countries to work in the EU for an initial period of four years if they:

• Possess a college diploma or have completed five years occupational training;

• Enjoy a job contract or a job offer;

• Have a gross income of at least 50% above the national average.

Potential Blue Card holders are to consult the respective immigration service as the thresholds tend to vary over time. Individual decisions, as to whether a Blue Card will be issued, fall under the responsibility of the member state concerned. After 18 months of legal residence in the first EU 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. The Blue Card is renewable and can lead to permanent residency after five years.

The application may be rejected on the grounds of volumes of admission established by the member state, ethical recruitment, or if the employer has been sanctioned due to undeclared work or illegal employment. The EU specifies that the application must be accepted or rejected within 90 days of filing. Blue Card holders are entitled to enjoy the same social and labour equal treatment that nationals of the member state have. This document is vital for:

• 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;

• Free access to the entire territory of the member state concerned within the limits provided for by national law; and

• The right to family reunification.

Until 19 June, 2011, member states were obliged to transpose the provisions into national law. However, within two years, member states have to incorporate the directive into their domestic legislation. Some of the member states have not yet done so. In fact, the Commission decided to issue reasoned opinions, the initial step taken by the Commission before the case is brought before the European Court of Justice, under Article 258 TFEU of the Lisbon Treaty, requesting these member states to take action and put in place the necessary measures. Letters of formal notice were then sent in July 2011 – this time in the form of letters of formal notice, the first step of the infringement procedure to these member states concerning their failure to notify the Commission of measures taken to implement the directive.

On a positive note, just this week, the Commission has announced that it decided to end the proceedings against Malta, Romania and Luxembourg, since they have now brought into force the national legislation which is necessary to apply the directive. As for Austria, Cyprus and Greece, they have not yet transposed the rules of the Blue Card Regulation. The United Kingdom, Ireland and Denmark have decided to opt out of the scheme in order to retain jurisdiction over their immigration policies. From 2013, the member states are bound to keep track of the statistics related to the number of Blue Cards issued each year.

Brenda Azzopardi is Executive

(EU Policy and Legislation), Meusac