Sat, Nov 21 2009

MEPs back EU's `Blue Card' plan for skilled immigrants

Sat, Nov 22 2008 11:02 CET 259 Views

Members of the European Parliament have voted to support the European Union's answer to the United States Green Card system - a "Blue Card" scheme to attract highly-skilled immigrants. However, they have called for clarification on a number of issues and say that Blue Card employees should not have priority over EU nationals on the labour market.

Voting on a report by MEP Ewa Klamt, MEPs called for a clearer framework for the scheme, more precise definitions, and to allow more flexibility for EU member states while urging them to avoid a "brain drain" from third countries.

As approved by the European Parliament, eligibility requirements in the Blue Card scheme are that an applicant must have found a job in the EU, and have at least five years' experience in the sector concerned or a university qualification recognised by the member state. The applicant's contract must guarantee an income of at least 1.7 times the average gross salary in the member state of residence, said MEPs, who stipulated that this salary must not be lower than that of a comparable worker in the host country.
 
It must also be possible to grant the card to third country nationals already legally staying in the EU through other systems, but it should not be granted to asylum applicants or third country nationals admitted to the Union as seasonal workers, as the latter are covered by a specific proposal for a directive, MEPs said.
 
The Blue Card will also entitle its holder to family reunification within six months - his or her spouse would also be able to seek a job in the EU - and to social welfare coverage in the member state concerned.

A holder who loses his or her job should have six months to find another, rather than three as was proposed by the European Commission.
 
MEPs voted that member states should be able to decide how many Blue Cards they wish to grant each year.

The card should not be viewed as a "right" for migrants, and may be refused even where they meet the criteria.

National authorities must also be able to reject holders of Blue Cards granted by other member states in favour of a national or EU-wide solution.

MEPs also agreed that preference may be given to EU citizens as well as to unemployed third country nationals who reside legally, for reasons of labour market policy.

Members also ask member states not to allow Blue Cards in sectors where access to new member states' workers is still restricted.
 
MEPs said that member states should not actively encourage "brain drain" from third countries through the Blue Card in sectors where these countries have labour shortages, particularly in the areas of health and education.
 
The European Parliament said that member states must reject applications for EU Blue Cards in labour market sectors to which access by workers from other member states is restricted on the basis of transitional arrangements set out in the Acts of Accession of April 16 2003 and April 25 2005. In effect, this means that nationals of countries such as Bulgaria and Romania, which joined the EU in January 2007 but are subject to labour market restrictions in several EU countries, may not use the Blue Card scheme as a back door to labour markets from which they currently are barred.
 
The Blue Card, proposed by the EC, is designed to attract highly-qualified workers from third countries by giving them access to the 27 Member States.

This card would not replace existing national systems, but would provide an additional channel of attraction, with a common grant procedure. By issuing a Blue Card, the member state commits itself to issuing all the necessary documents and visas needed by the immigrant.
 
Most highly-skilled migrants prefer destinations such as the US, Australia or Canada to the EU, due to the fragmentation of EU labour markets.

The Blue Card would enable holders who have spent three years in a first EU country of residence to access other member states thereafter.

The card would therefore normally be valid for three years, renewable for a further two years. If a worker's contract is for a shorter duration, then the card should be granted for the duration of the contract plus six months, say MEPs.
 
The UK and Irish governments decided not to opt-in to the Blue Card scheme
 
In January 2008, the UK decided not to participate in the adoption and application of the Legal Migration Directives including the Blue Card.  One of the main reasons for this decision being that it is at odds with the UK's Points Based System and with managing migration on the basis of a national assessment of labour market needs.
 

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