Gillioen avocat

European Blue Card Talent Passport: The Residence Permit for Highly Qualified Workers

The European Blue Card talent passport is a residence permit that falls under the category of talent passports. However, it existed before the creation of this type of permit, as it stems from a European directive aimed at enhancing the mobility of certain workers between EU Member States.

Directive 2009/50/EC provides for the creation of this residence permit, which was later incorporated into the framework of talent passports with the law of March 7, 2016.

The European Blue Card talent passport is not always the best solution for a foreigner with high professional qualifications.

European Blue Card Talent Passport

Its main advantage lies in the possibility for the foreign worker to move between two Member States and apply for a new European Blue Card. For example, a foreigner holding this residence permit in Germany could move to France and, based on this first permit, request a European Blue Card talent passport.

In reality, this is the only advantage. If the foreign worker in France does not plan to move, they might not necessarily benefit from applying for this card, and another talent passport, such as the one for highly skilled workers, could be more than sufficient. It has the same advantages as the other talent passport like allowing the entire family to move with the person holding the card.

This residence permit is not the best of all; it offers the same benefits as other talent passports but nothing more, except for what has already been mentioned.

The criteria  are based on the foreign worker’s level of qualification and salary.

The qualification can be demonstrated in two ways: either through education or professional experience. The administration is supposed to accept the application equally if the foreigner can prove the required level of education or significant professional experience. Therefore, if one of these two conditions is not met, it will not be possible to obtain this residence permit. There are exceptions regarding the level of education, but it is essential to provide the required diploma.

Salary is the other criterion for this residence permit. It must be at least double the median annual salary. In general, salaries in immigration law are linked to the minimum wage (SMIC), whether for a talent passport or a temporary residence permit. But it is different in this regard, using a much higher figure than the SMIC as a reference.

The required salary must be reached for the residence permit to be issued. This is a specific amount that cannot be negotiated. Furthermore, only the base salary is considered by the administration, excluding bonuses. This high salary requirement is a real barrier to obtaining the permit.

In most cases, a qualified foreigner can access the Highly Skilled Worker Talent Passport, which only requires a salary twice the minimum wage, significantly lower than the amount required for the European Blue Card talent passport.

Given the salary requirements for obtaining this card and its lack of appeal unless the foreign worker knows they will need to move within the EU, the European Blue Card talent passport is not attractive. This explains why it is rarely issued (even though statistics provided by the Ministry of the Interior do not distinguish between the different types of talent passports).

In conclusion, the European Blue Card talent passport is a failure, much like the Competencies and Talents card. Its only benefit is the ability to move between EU Member States, but only for a limited period. Beyond that, it remains exactly similar to other, more easily accessible residence permits of the same nature.