Some time in early 2009, the European Council – made up of the heads of state and government of EU countries and the president of the European Commission – will debate going ahead with Europe’s Blue Card scheme, which is meant to attract highly skilled immigrants to jobs in the EU in sectors where there are skills shortages.

Often described as an answer the United States Green Card system, the Blue Card proposal went one step further on November 20 when it was approved by a majority in the European Parliament. While the European Parliament vote amounts only to a step in a consultative procedure, it is significant that the scheme was backed by the two largest parliamentary groups, but equally significant that the scheme had its detractors.

MEPs put forward changes to the original proposal by the European Commission. Among these changes, apart from a noble call to ensure that the attractiveness of the scheme should not mean a brain drain from economically vulnerable countries outside the EU, MEPs said that immigrants taking part in the Blue Card scheme should not have priority over EU nationals on the labour market.

Eligibility
To qualify for a Blue Card, 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. This salary must not be lower than that of a comparable employee 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 EU 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 proposed by the EC, MEPs said.

The European Parliament said 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 an EU-wide solution. MEPs 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.

Restrictions
MEPs asked member states not to allow Blue Cards in sectors where access to new member states’ workers is still restricted. The European Parliament voted that member states should reject applications for 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 – including, of course, Bulgaria and Romania.

The card would 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.

The UK and Irish governments have opted out of the scheme.

While the scheme was supported in the European Parliament by the European People’s Party-ED group, which with 288 members is the largest in the European Parliament, and by the Party of European Socialists, the Liberals and Greens groups abstained.

In a statement on behalf of the Greens/European Free Alliance, UK Green MEP Jean Lambert said: “The Blue Card could have been a bright initiative to attract much needed skilled workers from beyond the EU’s borders.

“It is a pity therefore that Parliament supports a host of restrictions on an already limited scheme. In its current form, this proposal would offer a lukewarm welcome at best.

“I regret that the hurdle of needing to earn 1.7 times the average salary in the host country will be imposed. Another weakness is the excessive focus on paper qualifications: professional experience is at least as valuable and should be properly recognised. The Greens believe immigrant workers should have rights as equivalent as possible to EU nationals.

“The half-hearted proposal as it stands will do little to convince skilled workers to choose EU countries over more popular destinations such as the US and Canada.”

‘Red tape’
The Alliance of Liberals and Democrats for Europe (ALDE) said that the set of amendments in the European Parliament introduced much red tape, making it very difficult for highly qualified workers to work in the European Union.

“All’s not well that starts well. What began as pioneering legislation to address legal migration at the EU level ended up a messy, mediocre compromise. A Blue Card wrapped in red tape is hardly a welcome gift. Europe can do better than this,” ALDE leader Graham Watson, of the UK’s Liberal Democratic Party, said.

Patrick Gaubert, of the EPP-ED, said that the European Parliament’s adoption of his report on the single application procedure for work and residence permits “formally contradicts unfounded accusations by a number of African and South American heads of state of a ‘Fortress Europe’ closed in on itself”.