EU Blue Card for Foreigners

czy pracownik banku może być „frankowiczem”

Table of contents:

  1. What is the EU Blue Card for foreigners?
  2. High Qualification Occupations
  3. Blue Card – Who Can Obtain It and How?
  4. Blue Card – Benefits for the Employee

EU Blue Card for foreigners – What is it?

Contrary to initial associations, it has nothing to do with domestic violence. The EU Blue Card is a special permit for temporary residence in European Union countries granted to highly qualified non-EU workers. The work and stay under the Blue Card are regulated by Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment. Under its influence, provisions from Articles 127 to 138 were introduced into the Polish Foreigners Act.

High Qualification Occupations

The Blue Card allows legal residence and work in the EU for individuals possessing appropriate professional qualifications. It applies to employment in so-called “high qualification occupations.” What constitutes such an occupation? Unfortunately, this is difficult to determine as the regulations do not specify it. If it were statutorily defined, it could be quite problematic due to dynamic changes in the job market. However, it is generally understood to refer to professions requiring completion of 5 years of higher education and necessitating specific knowledge or skills – typically encompassing regulated professions. According to public statistics, this includes positions such as specialists, experts, managers, senior officials, scientists, IT professionals, or other technical specialists generally holding higher education qualifications.

Blue Card – Who Can Obtain It and How?

The EU Blue Card is intended for third-country nationals who wish to work in the European Union when the employing entity cannot meet its workforce needs in the local job market. To apply for the Blue Card, the following conditions must be met:

  • Possess appropriate professional qualifications,
  • Have completed higher education studies,
  • Enter into an employment contract for a period exceeding 1 year,
  • The salary under the contract must be at least 150% of the average salary in the country,
  • Have health insurance or proof of coverage by an insurer for medical costs in Poland.

Blue Card

Blue Card – Benefits for the Employee

Obtaining the EU Blue Card allows the foreign national legal residence in Poland and concurrently legal employment for the duration of the employment, issued for a period not exceeding 3 years. Possessing the EU Blue Card also entails benefits not provided by a regular permit for temporary residence and work.

Mobility within the European Union: After residing in a specific EU country based on the Blue Card for at least 18 months, the individual can move to another member state to take up employment in a high qualification occupation – subject to additional conditions, including with family. Spouse Access to the Job Market: Spouses of Blue Card holders may apply for a temporary residence permit to join the family, which grants access to the job market in the country where the employee resides. Note that access to the job market does not imply the ability to work without a permit! It simply means one can apply for a work permit rather than a single permit for temporary residence and work. Free Education for Children: Adult children of employees can participate in admissions to public higher education institutions, allowing them to study without additional fees. Easier Access to Long-Term Resident Status: EU Blue Card holders have easier access to long-term resident status, which grants unrestricted access to the job market in the EU after 5 years of legal residence in the EU, with the ability to work in various Union countries.