New EU Blue Card Directive fully implemented

The new EU Blue Card Directive has been fully implemented in the Netherlands since 12 June 2024. This legislation includes major changes to the EU Blue Card scheme. IND applies some of the new rules already while awaiting further implementation of the new EU Blue Card Directive. The most interesting and significant changes will be outlined below.

In October 2021, the EU repealed Directive 2009/50/EC and replaced it with Directive (EU) 2021/1883, introducing a thorough change of the EU Blue Card scheme. This directive aims to make the EU Blue Card more efficient and attractive. It had to be implemented in the Netherlands by 18 November 2023. However, the Dutch legislator did not make this deadline. Therefore, the IND announced on 20 December 2023 that some of the new rules would already come into effect on 18 November 2023. Following the full implementation of the new EU Blue Card directive, the most interesting and major changes will be highlighted below.

Salary threshold EU Blue Card

The salary threshold for EU Blue Card applications was previously €6245,- gross per month exclusive of 8% holiday allowance. This has been lowered to €5331,- gross per month exclusive of 8% holiday allowance, equalling the highest salary threshold for Highly Skilled Migrants.

A new salary threshold has been introduced for EU Blue Card applicants who obtained a higher education diploma within 3 years before filing the application. This is set at €4.265,- gross per month exclusive of 8% holiday allowance. This reference amount is still (considerably) higher than the reduced salary threshold for recently graduated Highly Skilled Migrants.

Employment contract and maximum validity of the EU Blue Card

To obtain the EU Blue Card it is still required to present an employment contract with or a binding offer from the employing organisation. The minimum duration of the employment contract has been shortened from 12 months to 6 months.

A 6-months search period has been introduced for EU Blue Card holders who have been employed as EU Blue card holder for at least 2 years. Employees who have held an EU Blue Card for less than 2 years are still entitled to a 3-month search period. It is irrelevant who terminated the employment. The IND can revoke the residence permit if the unemployed EU Blue Card holder does not find a new job or successfully switches immigration category within the search period.

The EU Blue Card is be issued for the duration of the employment contract + 3 months. The residence permit can be issued for up to 5 years.

Diploma & work experience

Previously, all prospective EU Blue Card holders had to prove that they had completed a relevant post-secondary higher education programme which lasted at least 3 years (for example: a university diploma which has been awarded upon completion of a 4-year bachelor’s programme). Non-Dutch diplomas had to be accredited by the IDW before the EU Blue Card application could be filed with the IND.

Based on the new rules, a higher education diploma is not necessary if the prospective EU Blue Card holder has at least 5 years of relevant professional work experience. The IND will assess if the employee’s work experience is at the level of a higher education diploma.

Exception for certain IT professionals

Following the implementation of the new rules, a diploma is not required if the employee is an IT manager or IT specialist with at least three years of relevant work experience which must have been accumulated in the seven years immediately prior to filing the EU Blue Card application.

Decision terms

A decision term of 90 days applies to applications that are lodged by non-Recognized Sponsors. This term is shortened to 30 days for applications lodged by organizations that are listed with IND as a Recognized Sponsor.

New grounds of refusal

The implementation of the new EU Blue Card Directive includes a number of new grounds for refusal of the (extension) application. The European Blue Card can now also be refused if:

• the employer has been fined for failure to comply with:
  • the Workers Allocation by Intermediaries Act (Waadi);
  • the Working Hours Act (Arbeidstijdenwet);
  • the Working Conditions Act (Arbeidsomstandighedenwet); and
  • the Act on Minimum Wage and Holiday Allowance.
• the employer’s business was established or operatates for the main purpose of facilitating the entry of non-EU nationals;
• the employer’s business is or will be dissolved due to bankruptcy;
• the employer’s business is not economically active.

Please feel free to contact us if you would like to learn more about the new rules for the European Blue Card.