Immigration
Netherlands | Recast EU Blue Card takes effect
Summary
The Netherlands has implemented the changes of the recast EU Blue Card Directive into national law. This has led to increased flexibility for applicants, such as more options for intra-EU mobility and eased salary and qualification requirements. However the EU Blue Card will continue to be less favourable than the national Highly Skilled Migrant category.
The detail
Background
EU Blue Card
In 2009 the EU’s Blue Card Directive entered into force, with the aim of harmonising conditions for entry and stay in the EU for highly qualified third country nationals. However, this Directive was deemed to be ineffective in practice. As a result, a new so-called recast EU Blue Card Directive (EU Directive 2021/1883) entered into force in 2021, giving member states until 18 November 2023 to implement the new rules. See our alert here for more details on the recast Directive.
Following some delays, the Dutch government has now implemented the recast EU Blue Card Directive with effect from 12 June 2024.
Main changes
The new rules, as implemented by the Dutch government, increase flexibility for employees and introduce some new measures that make the category more attractive than before.
For example, one of the most important changes is that a degree is no longer required for all applicants. This was a major obstacle for many applicants, as it added to the burden of proof and diploma accreditation by Nuffic often led to delays in processing.
In addition, holders of an EU Blue Card issued by another member state will now be permitted to perform some additional work activities in the Netherlands. However the Netherlands has implemented this short-term mobility clause strictly, with only certain business activities being permitted. This contrasts with Germany or the Flanders region in Belgium, who allow holders of EU Blue Cards from other member states to perform regular work activities related to their home role.
Another key point that makes the new EU Blue Card less attractive to applicants and employers in the Netherlands is that the parallel national Highly Skilled Migrant scheme will remain in place. It continues to have a lower salary threshold and no degree or experience requirements, making it more flexible than the EU Blue Card.
A closer look
What has changed?
When the implementation deadline passed on 18 November 2023, the Immigration and Naturalisation Service (IND) already changed some working practices, to ensure the general policy on the EU Blue Card in the Netherlands did not directly contravene the recast Directive. See our alert here for more details.
Now the recast Directive has been fully implemented by decree, the following changes have been formalised:
In addition to the above changes, the Dutch Labour Inspectorate will have a broader spectrum of legal grounds to decide to impose sanctions on employers, who can ultimately be excluded from sponsoring EU Blue Cards.
What this means for employers
Some of the changes as implemented in the Netherlands will benefit employers, such as the exemptions to the degree requirement. However, most of the changes improve the position of the employee, who will enjoy more flexibility and more rights when in possession of an EU Blue Card. Whether this will lead to an increase in applications for EU Blue Cards in the Netherlands remains to be seen. However, it is likely that employers will see more requests from employees to explore the possibility to apply for an EU Blue Card in the Netherlands.
As neighbouring member states have implemented more flexible policies on short-term mobility, Dutch employers could face more questions on the stricter Dutch implementation of these rules. In this respect, and in many others, the recast Directive is still subject to divergent implementation across member states.
It is therefore advisable for businesses to become familiarised with the new rules in the Netherlands and other member states, to ensure they are prepared for questions that could arise and have the processes in place to ensure full compliance.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Hugo Vijge
Director
Nini Braken-Zheng
Senior Associate
Marijan Vrhovac
Senior Associate
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