Labour market performance and migration flows - European ...

Chapter IFinal ReportThe Directive lays the foundations for admission for highly-skilled migrants, the issuanceand withdrawal of the Blue Card, highly-skilled migrants’ economic and social rights and,finally, their residence in EU member states. For the sake of clarity, it defines the EU BlueCard as “the authorisation bearing the term ‘EU Blue Card’ entitling its holder to reside andwork in the territory of a Member State under the terms of this Directive”.To apply for a Blue Card, a professional will need either a university degree that has takenat least three years to complete or five years work experience in the relevant sector; a bindingjob offer or a valid work contract for at least one year period from a European employer, whowill have to certify that the post cannot be filled from within the EU; a salary offer that is atleast 1.5 times the average prevailing wage (gross annual salary) in the country concerned; aswell as a valid travel document or visa and a health insurance.The EU Blue Card is valid as a work permit for a period of one to four years, with thepossibility of renewal. It also grants the card holder equal social and economic rights asnationals in various areas (pensions, housing, healthcare, working conditions…). If a cardholderloses his or her job, he/she will have three months to find another one before losinghis/her work permit. It grants free access to the entire territory of the member state concernedwithin the limits provided by national law and, after an 18-months period, the right to moveto any other participating EU Member State if he/she can secure a job there, but the new hostcountry has the right to reserve acceptance of this transfer (this makes the transfer almost asdifficult as a new application for the new country). It also recognizes that “favourableconditions for family reunification and for access to work for spouses should be afundamental element”, entitling family reunification within six months of obtaining the card.The UK, Denmark and Ireland do not participate in the EU Blue Card system.It is important to stress that the Blue Card has various advantages. Thus, it provides for aminimum level of legal and policy harmonization among EU Member States regardinghighly-qualified employment. It also creates the mechanisms for a fast-track procedureenabling highly-skilled migrants to take up highly-skilled employment. Moreover, it bestowsmore rights on highly-skilled migrants in terms of mobility inside the EU, equal treatmentwith nationals regarding social assistance, tax benefits and recognition of diplomas, andaccess to the labour market. Finally, it envisages more flexible procedures allowing familyreunification and work access for spouses. It is important to add that it establishes“implementing measures” and reporting obligations; hence suggesting that the policyinstrument is to be assessed and monitored.However, the Blue Card as an instrument for the promotion of highly-skilled migration tothe EU has inherent weaknesses and limitations. It must suffice here to mention the followingconcerns:- The Blue Card project is conditional upon a contract or work offer and does not provide aright of first entry for a highly-skilled migrant (Guild 2007, p. 4). This suggests that theEU has failed to reach a minimal consensus and a level of harmonisation on the conditionsfor first entry and the residence of economic migrants who come for the purpose ofemployment or self-employment.- Although it bestows upon its holder various economic and mobility rights, it alsopresupposes restrictive prerequisites that limit its attractiveness. For instance, in the case91