EU Immigration

Hot Topics
Speakers
Peregrine Who Are We?

Hosts: Maude Burger-Smith

Raquel Gmez Salas
Immigration Specialists:
FRANCE Fiona Mougenot (Expat Partners)
SPAIN Ana Garicano (Sagardoy)
NETHERLANDS Anja Seling (Expat Management Group)
Peregrine Who
Corporate Are We?and the EU
Migration
Employment Assignment Assignment
of third country nationals of third country nationals of third country nationals
(High Qualified) from OUTSIDE the EU into employed in the EU from
in the EU the EU WITHIN the EU

The EU Blue
Card Directive The EU ICT
Vander Elst
2009/50 /EC on Directive case law
the conditions of entry 2014/66/EU on
and residence of third the conditions of entry
country nationals for and residence of third-
the purposes of highly country nationals in
qualified employment the framework of an Posted Workers
intra-corporate Enforcement
transfer
Directive
New EU Blue 2014/67
enforcing Directive
Card Proposal 96/71/EC concerning
the posting of workers
 EU BLUE
CARD
Local hires

VANDER ELST; posted

workers notification; EU
Blue card and EU ICT
intra-EU mobility;

EU ICT
Assignments
Peregrine Who Are We?
Progress
Vander Elst 1994
Intra EU service provision
First EU Court of Justice Judgement

Blue Card 2009

Local hire work and residence permit for highly qualified TCNs: The Blue Card Directive 2009/50 /EC
2016 EU Blue Card Proposal for changes

EU ICT 2014
Assignment work and residence permit for TCNs moving within the same company. EU ICT Directive
2014/66 approved in 2014. Transposition deadline: 29th November 2016

Posted Workers 1996 and 2014

First Posted Workers Directive 96/71
Enforcement Directive 2014/67. Transposition deadline: 18th June 2016
A revision of directive 96/71 has already been proposed on 8th March 2016. Text of EEA relevance
Peregrine What
Who is
Are We?
the Blue Card?

THEORY PRACTICE

An approved EU-wide A restrictive work and

work and residence
permit allowing high-
qualified third country
nationals to work and
live in any participating
country within the
European Union
residence permit
category for highly
qualified third country
nationals on local
contract with much
national variation
Peregrine Who
BlueAre We?
Card Success?

The UK, Denmark and Ireland have opted out

Strict qualifying criteria

Parallel procedures for highly skilled workers in various

Member States

17,106 Blue Cards were issued EU-wide in 2015, the vast

majority of them (14,620) by Germany.
PeregrineEU
Who Are We?
Blue Card Issuance 2015

Germany
France
Poland
Luxembourg
Italy
Czech Republic
Austria
Romania
Lithuania
Latvia
Bulgaria
Croatia
Netherlands
Belgium
Estonia
Hungary
Slovenia
Finland
Slovakia
Spain
Sweden
PeregrineNew
Who Are We?
EU Blue Card Proposal

On 7 June 2016, the European Commission presented a

proposal to revamp the European Union (EU) Blue Card
scheme, aiming to improve the EUs ability to attract and
retain highly skilled workers.

The proposed new version of the Blue Card scheme has

more flexible and inclusive qualifying criteria
standardised and streamlined procedures across the EU
faster processing times
enhanced benefits
 Qualifying Criteria
Criteria Blue Card - Now Blue Card - Proposal
Employment 12 months 6 months minimum
Contract minimum

Qualifications Higher professional qualifications Mandatory to consider

or 5 years of relevant work professional experience (3 years)
experience (not mandatory for as an alternative to educational
MS) qualifications

Salary At least 1.5x the average gross
annual salary , or 1.2x the average
gross annual salary for specific
shortage skills jobs
The average gross national salary
and up to 1.4 times the average
gross national salary. 80% of the
average gross national salary for
recent graduates/specific
shortage skills jobs
 Application Process
Process Blue Card - Now Blue Card - Proposal
Submission Outside the MS Outside the MS
Inside the MS if legal Inside the MS for all legally
residence (Possibility for present (mandatory for MS)
MS to extend this right
to all legally present in
their territory)

Timing 90 day maximum 60 day maximum

Fast-Track Quicker procedures and fewer

Procedure conditions to fulfil for trusted
entities would be optional for MS
 EU-Intra Mobility
Intra EU mobility Blue Card - Now Blue Card - Proposal
Work in the Application after 18 After 12 months
second EU months
Member State Evidence of educational
Full new application certificates; sickness
insurance or address will not
Up to 90 days have to be provided again
processing; work
from point of Expedited to 30 days; work
approval allowed from point of
application
Business in the Business activities permitted
Schengen Area for 90/180 days defined
 Other Advantages
Benefit Blue Card - Now Blue Card - Proposal
Scope of Employment as per Blue Employment as per Blue Card in
Activities Card only parallel to self employment
activities
Family Family reunification Family dependents can
within 6 months accompany at the same time
Access to employed Dependent applications
activity reduced to 2 months processing
time
Access to any employed or self
employed activity
Long Term After 5 years continuous After 3 years continuous residence
Residence residence in the same in the same Member State (5 if
Member State spent in several Member States)
 Blue Card Proposal Red Flags

Intra-EU mobility not sufficient:

VDE and Posted Workers notifications still applicable to blue card holders assignments
within the EU;

New EU Blue card may still need to compete with national Highly Skilled
Migrant Schemes

Labour Market Test may still apply if the domestic labour market undergoes
serious disturbances; may also apply to family members.
 Immigration Specialists

FRANCE Fiona Mougenot (Expat Partners)

SPAIN Ana Garicano (Sagardoy)
NETHERLANDS Anja Seling (Expat Management Group)
 What is the EU ICT Directive?

THEORY PRACTICE

An approved EU-wide A new and ambitious work

temporary work and
residence permit allowing
third country nationals in
certain positions to be
assigned from a non-EU to
an EU company and easily
move and work within the
EU
and residence permit
category potentially
benefiting ICT assignments
from outside the EU but
that has not yet been fully
implemented in 50% of the
EU or has been
implemented with some
national variations
 EU ICT Qualifying Criteria
Over three months
From outside the EU into the EU
For assignees within the same company
Managers, specialists and trainees only
Manager/specialist roles require proof of professional
qualification & experience and 3-12 months seniority in
the group of companies
Trainees require a degree and 3-6 months seniority in the
group of companies
Salary in line with remunerations in similar positions in
host country
 Application Process
WHERE? WHO? HOW LONG? VALIDITY?
Assignments Employee Maximum 3 years for
> 1 country: Host 90 days managers
application company Possibility of and
in the simplified specialists
country of procedure 1 year for
longest stay; for trainees
Assignments recognised BUT it may
> 1 country employers be possible
of the same to apply for
length: In a new ICT.
the first MS can
country of apply a
the cooling off
assignment period of up
to 6 months
 Intra-EU Mobility Process
Short-Term Mobility (Up to 90 days in any 180 days
per member state):
EU second MS may require a notification

Long-Term Mobility (over 90 days per member

state):
Second MS may require a notification/application
New EU ICT applications should be resolved within 90 days
The assignee should be allowed to work from the point of
application if EU ICT is still valid. (Second MS may request application to
be filed at least 20 days before the assignment starts)
 EU ICT Benefits
Intra-EU Mobility
University degree not required for managers and
specialists.
Dependents can accompany the principal at the
same time
Work at non sponsoring client sites permitted
following transfer
No posted workers notification necessary in case
of Intra-EU mobility
 EU ICT Directive Red Flags
Implementation still in process in many EU countries

Not applicable to assignments between different companies

Applications not possible for residents within the EU

Can potentially be subject to labour market test and quotas

Applies to the EU. It does not apply to Norway, Iceland, Liechtenstein and
Switzerland

National variations on qualifying criteria and benefits (seniority, experience,

qualifications, family)
 1 EU ICT Implementation Status JUNE
13 MS (ES, BG, RO, NL, HU, IT, EE, FR, MT, CY, LV, LU, SK) full transposition
6 MS ( LT, AT, BE, SE, CZ, SI) notified partial transposition
6 MS (DE, EL, HR, PL, PT, FI) no notification
3 MS (UK, IE, DK) opted out

Full Transposition Partial Transposition No Updates Opted Out

 EU ICT National Variations
FR SP ND IT RO BG HU LU
SENIORITY 3 3 3 3 6 (MG 12 (MG 6 (MG 6 (MG
(Months) &SP) &SP) &SP) &SP)
3 (TR) 6 (TR) 3 (TR) 3 (TR)

UNIVERSITY NO MAYBE MAYBE MAYBE YES YES YES NO

DEGREE
(MG&SP)
EXPERIENCE YES YES YES YES YES YES YES YES
(MG&SP) (3) 3(SP)
(Years)
QUOTA NO NO NO NO MAYBE NO MAYBE NO
FAMILY
ACCOMPANY YES YES YES YES NO NO YES YES
AT THE SAME
TIME
FAMILY CAN YES YES YES YES NO NO NO NO
WORK
 Immigration Specialists

FRANCE Fiona Mougenot (Expat Partners)

SPAIN Ana Garicano (Sagardoy)
NETHERLANDS Anja Seling (Expat Management Group)
 What is the Vander Elst?
European Court of Justice ruling based on the principle of
Freedom of Services within the EU

A third country national legally employed by a company in

an EU country can provide temporary services to a company
in another EU country

-No work permit required

-Depending on the nationality, the EU country of residence
(Schengen or not) and the duration of the assignments, ONLY a
visa or residence permit may be requested by the EU host country
 VDE Qualifying Criteria

Local employment contract In the sending EU

Payroll country
Valid Work and residence permit

No specific qualification, experience or seniority

required

No minimum or maximum duration stipulated just

temporary and any renewals will ultimately be
decided at the immigration authorities discretion
 VDE Ruling Red Flags
Different interpretation across the EU:
Duration
Dependents may not be permitted
Applies to all assignments or only to assignments between non-affiliated companies
Applies from within the EU, from within the EEA or from within the EEA and Switzerland

Poor knowledge by the authorities

Consulates, immigration and border control authorities may not know this work
permit exemption

Posted Worker Notification required

 Immigration Specialists

FRANCE Fiona Mougenot (Expat Partners)

SPAIN Ana Garicano (Sagardoy)
NETHERLANDS Anja Seling (Expat Management Group)
 The Posted Workers Directives

Directive 96/71 and 2014/67

Protection of the employment rights of all posted workers within the EEA

A posted workers notification made by the EEA sending entity to the

labour authorities of the second EEA country before or at the start of the
employees assignment in the second EEA country

Requires the sending entity legal representation and employment

documents about the assignment available in the second EEA country
 Posted Workers Directive Red Flags
Regulates the employment conditions of any assignments within the EEA:
third country and EU nationals

Immigration specialists may not be willing or able to advise

Working inspections and penalties for non compliance

Can also apply to assignments from outside the EEA e.g. France

A revision of Directive 96/71 has already been proposed on 8th March 2016
 Immigration Specialists

FRANCE Fiona Mougenot (Expat Partners)

SPAIN Ana Garicano (Sagardoy)
NETHERLANDS Anja Seling (Expat Management Group)
EU Immigration
Hot Topics