The new EU Blue Card Directive has been fully implemented in the Netherlands since 12 June 2024. This long anticipated legislation includes major changes to the EU Blue Card scheme. Some of the new rules the IND applied already while awaiting further implementation of the new EU Blue Card Directive. After its implementation, it is time to take a look at interesting and significant changes, which will be outlined in this article by Everaert Advocaten.
The EU Blue Card is a residence permit for highly-qualified expats who are not a national of any of the member states of the EU. It was introduced in the EU Directive 2009/50/EC. This directive allows EU member states to keep their national residence schemes for highly-qualified employees from outside the EU. Therefore, in the Netherlands, the EU Blue Card coexists with the national Highly Skilled Migrant (HSM) residence scheme - which is a fast-track procedure for sponsoring non-EU staff.
EU Blue Card
The EU Blue Card programme is meant to facilitate employment-based immigration of highly-skilled non-EU staff. However, this promise has not been fulfilled in the Netherlands. The EU Blue Card programme, which has stricter conditions and requires an academic degree, fell a bit behind compared to the national Highly Skilled Migrant programme.
According to figures from the Dutch Secretary of State for Justice and Security, the Netherlands issued circa 150 EU Blue Cards in 2021. In the same year, approximately 12.500 Highly Skilled Migrant residence permits were issued. Based on these figures, less than 1% of the knowledge worker residence permits were issued to EU Blue Card holders.
In October 2021, the EU repealed Directive 2009/50/EC and replaced it with Directive (EU) 2021/1883, introducing a thorough change of the EU Blue Card scheme. This directive aims to make the EU Blue Card more efficient and attractive. It had to be implemented in the Netherlands by November 18, 2023. The Dutch legislator did not make this deadline and on December 20, 2023, the IND announced that some of the new rules would already come into effect on November 18, 2023.
Diploma or work experience
Previously, all prospective EU Blue Card holders had to demonstrate that they had completed a relevant post-secondary higher education programme which lasted at least three years (for example: a university diploma which has been awarded upon completion of a four-year bachelor's programme). Non-Dutch diplomas had to be accredited by IDW before the EU Blue Card application could be filed with the IND.
Based on the new rules, a higher education diploma is not necessary if the prospective EU Blue Card holder has at least 5 years of relevant professional work experience. The IND will assess if the employee’s work experience is at the level of a higher education diploma.
Exception for certain IT professionals
Following the implementation ofthe new rules, a diploma is not required if the employee is an IT manager or IT specialist with at least three years of relevant work experience which must have been accumulated in the seven years immediately prior to filing the EU Blue Card application.
EU Blue Card applications that are filed on behalf of employees who are not experienced IT managers or IT specialists are still subject to the diploma requirement as described above.
Salary requirements
The salary threshold for EU Blue Card applications was previously 6.245 euros per month (gross) exclusive of the 8% holiday allowance. This has been lowered to 5.331 euros per month (gross) exclusive of 8% holiday allowance, equalling the highest salary threshold for Highly Skilled Migrants.
A new salary threshold has been introduced for EU Blue Card applicants who graduated within three years before filing the application: this is set at 4.265 euros per month (gross) exclusive of 8% holiday allowance, which is of course still substantially higher than the HSM graduate threshold.
Duration of employment contract and search period
To obtain the EU Blue Card, it is still required to present an employment contract - or a binding offer from - the employing organisation. The minimum duration of the employment contract has been shortened from twelve months to six months.
A six-month search period has been introduced for EU Blue Card holders who have been employed as EU Blue Card holders for at least two years. Employees who have held an EU Blue Card for less than two years are still entitled to a three-month search period.
It is irrelevant who terminated the employment. The IND can revoke the residence permit if the unemployed EU Blue Card holder does not find a new job or successfully switches immigration category within the search period.
Long-term mobility and EU long-term residence status
It is still possible to become eligible for long-term mobility and to relocate to another EU member state as the holder of an EU Blue Card. The minimum period of residence in an EU member state before becoming eligible for long-term mobility is reduced from 18 months to 12 months.
EU Blue Card holders who have used long-term mobility may qualify sooner for the status of long-term resident of the EU, which is a type of permanent residence. Based on the new rules, residence in another EU-member state as a scientific researcher, student or as a national Highly Skilled Migrant may be used to qualify for the status of EU long-term resident in the Netherlands.
EU long-term residents who are former EU Blue Card holders can stay outside the EU uninterruptedly for up to two years rather than one year.
(Non-) Recognised Sponsors and processing times
The EU Blue Card programme continues to be a suitable residence programme for non-EU highly qualified employees who are (to be) employed by an organisation that is not listed as a Recognised Sponsor with the IND. After its revision, the EU Blue Card scheme is also still available for employers that do have Recognised Sponsor status with the IND. Please note: an employee still needs the employing organisation’s involvement when applying for an EU Blue Card.
The maximum processing time for applications filed by Recognised Sponsors is 30 days; a maximum processing time of 90 days applies to applications filed by organisations who are not listed as a Recognised Sponsor with the IND.
In conclusion, the adjustments to the EU Blue Card are designed to streamline the residency process and to reduce barriers for both employees and employers.The changes aim to enhance its attractiveness and efficiency, making it a more viable option for employers and highly skilled non-EU nationals seeking employment in the Netherlands.
Everaert Advocaten has vast experience in assisting companies based in the Netherlands and abroad. Their seasoned and professional lawyers can help to find solutions which are best suited to your needs. If you or your employer wishes to know if the EU Blue Card might be a solution for you, you can call them for advice and support.
