Posted by on Apr 5, 2019 in IMMIGRATION AND NATIONALITY LAW UPDATE, LEGAL UPDATES

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EU Blue Card:

The EU Blue Card is a work permit that is offered by 25 Member States to highly-qualified non-EU citizens. The permit allows for non-EU citizens who are qualified workers to have the freedom of movement within the European Union.

Apart from being a non-EU citizen, an applicant must also be one of the following: a highly-qualified/skilled worker or a researcher. There are also opportunities for students, vocational trainees and seasonal workers.

As there are various labour shortages in particular sectors within Europe, there is a demand of qualified workers within the following professions:  mathematics, informatics, natural sciences, technology and medicine. The highly-qualified worker will need to demonstrate that they are able to provide an economic service that is scarce in the hosting EU member state, that the business will have a positive effect in the overall economy of the hosting state and that the applicant possesses sufficient financial resources to provide for the operation of the business.  The aforementioned professionals have a higher chance of obtaining the EU Blue Card due to lack of candidates and lower annual income.

The highly skilled professional will have to submit documentary evidence that they have obtained the required knowledge by way of either university degree, work experience as a scientist, academic or other highly-qualified occupation. In case of no university degree, the applicant will have to demonstrate five years equivalent work experience.

A written declaration from the employer will need to be provided as part of the application process, explaining what benefit the applicant will have on their business. Ultimately, the employer is acting as the applicant’s sponsor and without this declaration the application for an EU Blue Card will not be successful.

For applicants making an application for an EU Blue Card in Italy, the employer must present a request, or a communication, proposing a contract to the Sportello Unico per L’immigrazione (Single Desk for Immigration) in the Prefettura of the right province. If the application is successful, the Italian embassy in the applicant’s country of origin will issue a visa to enter Italy. This is known as entry clearance.

There is also a salary threshold that must be met.  For a profession that is in shortage the estimated salary is 37,752 Euro, for university graduates the estimated salary is 46,400 Euro and for jobs where a ‘special interest’ is requested, the estimated salary is lower and therefore it is easier to obtain the EU Blue Card.

After the application has been submitted, the applicant may have to wait for a maximum of 90 days until they receive a decision on their application. A refusal generates an automatic right of appeal, which needs to be exercised within three weeks of the service of the decision.

At Oliver and Partners we can assist you in making an application for an EU Blue Card and obtaining and submitting all relevant documentation.