LEGAL MIGRATION POLICY AND LAW (Directive (EU) 1883/2021)

LEGAL MIGRATION POLICY AND LAW (Directive (EU) 1883/2021)

The European Union has expanded the options for high-skilled third-countries nationals who are looking for their next career challenge in a member state as a new Political Agreement has been adopted. Cyprus has recently transposed the Directive 1883/2021 into its National Law (the Aliens and Immigration Law (chap.105)) and the Blue Card will be the key to access to the Member States for the EU-Nationals.

Directive 1883/2021 repeals the original blue card directive, Directive 2009/50/EC.

The overall objectives of the legislation is to: i) make the EU more attractive to talent from outside Europe and reduce the cost of recruiting migrants for employers, ii) ensure migrants can best use their skills and qualifications, iii) deepen cooperation with non-EU countries on legal pathways and iv) support the mobility of learners.

BLUE CARD AND THE FREEDOM OF ACCESS

In order to facilitate the independent intra-EU mobility and business activities of highly qualified third-country nationals who are beneficiaries of the right to free movement, such third-country nationals should be given access to the EU Blue Card. Amongst others, the blue card will make the requirements of relocation more flexible and approachable for the third-countries nationals such as their entry requirements and labor rights. The Blue Card must be valid for at least two years.

Third-countries nationals shall meet the condition of staying in a European Union Member State for more than three months, and therefore after the issuance of the Blue Card, will have the right to enter and re- enter the Member State. The Blue Card holders and their family members after the first two years of their relocation in a Member State, will also enjoy increased rights in order be treated equally with the National of Member States.

Directive(EU) 1883/2021 does not apply to non EU-Nationals who are seeking international protection, carrying out a research project, granted long-term resident status in a Member State or are  covered by an international agreement allowing a temporary stay, rights of free movement or whose expulsion has been suspended.

MEANING OF HIGHLY QUALIFIED

Ursula von der Leyen, the European Commission's President, stated in 2022 that one needs to speed up and facilitate the recognition of qualifications of third country nationals. However, it has been decided that Directive 2005/36/EC is the main legislation related to qualifications, but there are also many sectoral directives.

As a general meaning, to define if someone is a high-skilled person one should take into account his/her knowledge, skills and competences attested by professional experience (at least three years) at a level comparable to higher education qualifications. However, in accordance to Annex I of the Directive (EU) 1883/2021 there are specific professions which require more prior experience.

This article serves as a general guide and is intended for informational purposes only. It is not a substitute for professional advice, and individuals or entities should seek independent advice based on the specific facts of their case.