Brussels, 23/10/2007 (Agence Europe) - On Tuesday 23 October, the European Commission published its proposal for a “blue card”, a European version of the well-known American Green Card for foreign workers, to try to attract highly qualified foreign workers to the EU and to allow them to move freely throughout the Union. Accompanying the proposal is a second text, which aims to bring the rights of third country workers more into line with those of European citizens, notably through the creation of a single residence and work permit, to which EUROPE will return, in its next bulletin. Speaking in a press conference in Strasbourg, Commission President José Manuel Barroso said that “Highly qualified people from all over the world are welcome in the European Union”. He went on, “It is no secret to say that our demographics are working against us. We have to act now”.
The Commission's stated objective is to attract to the EU those workers who currently prefer the United States, Canada and Australia. At present, 1.72% of the EU's working population is made up of highly qualified immigrants, compared with 9.9% in Australia, 7.3% in Canada and 3.2% in the US. The draft directive, named “blue card” as a reference to the colour of the European flag, would see migrants issued with a two-year renewable residence and work permit, which would provide for social protection under the same conditions in each of the 27 member states (each state will continue to decide what kind of and how many highly qualified migrants can enter its territory). After this initial period, the migrant will be able to move to work in another state. So as not to penalise mobility, mobile workers will be allowed to add up periods of residence in different member states in order to obtain long-term EC residence (five years are required). It will also be easier for a highly qualified migrant to have their families admitted to the EU. To encourage circular migration, it will also be possible for persons eligible for a permanent residence permit and for those who have already acquired such a permit to return to their country of origin for longer periods of time than those set out in directive 2003/109/EC, without any risk of loss of rights. At the present moment, a long-term resident loses his/her status if he/she spends a period of 12 consecutive months outside the Community. In the proposal, the period of absence is extended to 24 consecutive months. Migrants who wish to obtain the status of permanent resident will also be able to spend 16 months in total outside the Community, rather than 10 under the 2003 directive, without losing his/her right to permanent residency. However, conditions for obtaining a “blue card” remain strict: a recognised diploma, valid travel documents, at least three years' work experience, insurance against illness and the offer of a job which cannot be done by a Community worker are all required. The Commission also requires that the migrant's wages be three times higher than the minimum wage in the country where he/she will be working, this to avoid social dumping. If the immigrant no longer has work, he/she will not automatically lose his/her “blue card”, unless the period without work exceeds three consecutive months. The Commission intends to consider creating a database of those who hold a “blue card” and another containing curricula vitae (a “skills matching database”) to help companies find workers who meet their needs. This second database will use the EURES network.
According to the impact study carried out by the Commission, member states already have legislation for highly qualified migrants, although usually limited to specific cases (performing artists, researchers, transfers within a company). Furthermore, the different entry conditions limit their mobility within the EU, says the study. As the treaties currently stand, the Commission's draft directive has to be adopted unanimously by the 27 member states. MEPs will only be called on to give their opinion. Hitherto, debates on legal immigration into the EU have always turned into standoffs between states. Austria, Germany and the Slovak Republic are already against, not wishing to give up their veto on legal immigration, nor do they want any interference in their labour markets. In addition, the United Kingdom, Denmark and Ireland have opt-outs in this area. France, which will assume the presidency of the EU in July 2008, and which is a fervent supporter of the idea of elective immigration, is ready to back such a text. Barroso said he was confident the proposals would be adopted. It would, he added, be absurd to remain with the status quo. JHA Commissioner Franco Frattini said, “If the European Council in December gives us the green light on this raft of measures, I think possible , though not certain, that the measures will come into force before the end of this parliament, that is by spring 2009,” he said. (B.C.)