ANNEX TABC response to Public consultation on the EU s labour migration policies and the EU Blue Card

Transcription

1 ANNEX TABC respnse t Public cnsultatin n the EU s labur migratin plicies and the EU Blue Card 6. EU BLUE CARD 6.2 Have yu ever emplyed a nn-eu highly qualified wrker? 6.3 What wrk permit did yu use t emply a nn-eu highly qualified wrker? The EU Blue Card A natinal prgram ther than the EU Blue Card I am nt aware f which wrk permit has been used 6.7 Have yu [r yur rganizatin] ever applied r have been interested in cming t the EU as a highly qualified wrker? 6.8 Did yu [r yur rganizatin] apply fr/wuld yu cnsider applying fr an EU Blue Card? TABC represents cmpanies that either may, r actually d, use the Blue Card scheme r any lcal natinal prgram mre favurable t relcate their highly skilled wrkers/emplyees t the EU. Cmpanies primarily use the Blue Card scheme t emply lcal hires frm verseas (as ppsed t relcating ex-pats). The primary attractin is the ability t secure permanent residency quicker, s it is attractive nt nly frm a hiring perspective but als frm a retentin f talent perspective. And the pssibility in the future t be able t mve that resurce within Eurpe accrding t the cmpany needs subject t the btaining a wrk permit and the respective cuntry Did yu apply fr/wuld yu cnsider applying fr anther prgram fr highly qualified wrkers ther than the EU Blue Card? 6.11 Please specify: TABC member cmpanies may use natinal schemes that are mre favurable fr such wrkers r use the intra-crprate transfer scheme fr shrter stays. Natinal schemes differ and have discrete advantages and disadvantages. As a result the Blue Card scheme ffers net advantages nly insfar as it delivers a mre efficient way f administering a beneficial wrk permit regime in a particular Member State as cmpared t that State s natinal scheme Why did yu apply fr anther prgram? Cmpanies may and n ccasin d use natinal schemes that are less cstly r have less administrative burdens t transfer their highly skilled wrkers int Member States. At times the salary criteria is excessive when mving ex-pats fr 2-way assignments frm utside the EU, especially where many relcatin allwances are nw factred int accunt. There is n adequate justificatin fr 1

2 the 1.5 average salary criteria where there is a resident labur market test. It merely blcks the necessary mvement f staff/wrkers. Natinal schemes are mre favrable than the EU Blue Card. As a cnsequence, the use f the EU Blue Card is limited. An intrductin in salary differentiatin wuld be an advantage. Fr example fr graduates a lwer salary level is recmmendable t retain talented students fr the EU labr market. The diplma evaluatin delays the prcess fr an EU Blue Card applicatin, and furthermre the EU Blue Card is nt a slutin fr unskilled wrkers althugh scarcity culd exist fr unskilled wrkers as well. The Blue card des nt prvide standard and/r unifrm parameters fr diplma recgnitin amngst all EU cuntries. This is mre r less cmplex accrding t the respective cuntry and in sme instance delays the prcess immensely. Finally, the Blue Card des nt give access t the labr market f multiple Member States. It nly gives access t the labr market f the Member State cncerned The Blue Card Directive sets a number f admissin cnditins which applicants must fulfil t be allwed int the EU: 1) a wrk cntract r binding jb ffer f at least ne year; 2) a salary f at least 1,5 times the average grss annual salary in the Member State cncerned; 3) prf f relevant prfessinal qualificatins r fulfilling the natinal legal requirements D yu cnsider that the admissin cnditins f the current EU Blue Card Directive are adequate? N Inf: higher prfessinal qualificatins means evidence f recgnised higher educatin qualificatins r at least five years f relevant prfessinal experience; 6.15 If n, please indicate the specific criteria which yu cnsider shuld be made mre flexible (multiple answers pssible): Recgnising prfessinal experience instead f educatinal qualificatins Educatin culd be verruled by experience and special skills. It shuld nt be left t Member States (as at present) t decide whether prfessinal experience may be substituted in lieu f educatinal qualificatins. Three (nt five) years f prfessinal experience shuld be a prescribed alternative t three years f study. Member States shuld be encuraged t adpt such a plicy prir t any legislative amendment at EU level. The salary threshld f 1,5 times the average grss annual salary in the Member State. Other This can be extremely frustrating where there is a requirement t pay a freign natinal a higher salary than an EU citizen, particularly where certain relcatin allwances are nt factred int accunt, therefre placing mre pressure n a business and ptentially missing ut n talent simply due t mnetary requirements. There is n adequate justificatin fr the impsitin f this criterin where a resident labur market test is applied. There is already adequate prtectin fr the dmestic labur frce in the labur market. A pre-established prcess fr the recgnitin f the cmpany spnsring the Blue card as a reliable and trusted partner that wuld take full respnsibility f the resurce allcated t the specific cuntry fr the specific perid f time. The cmpany shuld cnfirm that it will fulfil all the cmpliance bligatins f the respective cuntry e.g. prper salary, scial security, tax, health insurance, prper wrk and living cnditins. Subject t that recgnitin the cmpany shuld be entitled t btain a blue card fr the respective emplyee withut extra burden t prf his cnditin f high skilled migrant. Needless t say that cmpliance bligatins and KPI s culd be impsed by the Directive t the 2

3 cmpany and penalties fr the pssible ffenders breaching thse bligatins. This wuld create a mechanism f self-check by the rganisatin that will need t cnstantly audit itself internally t ensure all criteria agreed as a trusted partner is fulfilled What aspects wuld be mst imprtant fr the attractiveness f the EU Blue Card? Please indicate the factrs yu cnsider imprtant (max. three answers pssible): at mst 3 chice(s) [While the questinnaire limits the respnse t 3 chices, TABC wuld like t highlight the imprtance f all the aspects identified belw.] Fast-track entry prcedures A clear, streamlined and unifrm scheme acrss all Member States Unrestricted access t the labur market Availability f integratin supprt (e.g. language curses, jb rientatin) fr highly qualified wrkers and family members Allwable absences t return t the cuntry f rigin This is imprtant where shrt term develpment pprtunities may arise verseas. Easy intra-eu mbility t take up emplyment pprtunities in ther Member States. This is very prly prvided fr in the current Directive. Member States culd be encuraged t make it easier prir t any legislative amendments at EU level, by adpting the apprach taken under the Psted Wrker /Van der Elst prcedure, whereby intra-eu migratin fr wrk must be declared but is nt subject t prir authrisatin. Other (please specify) Mve away frm the prgram being fcused slely n Highly Skilled and lk t have Eurpe lead a leading diversity prgram, similar t the US Green Card prgram, which is abut glbal inclusin and nt just fcusing n messaging that nly certain prfiles f peple are welcme. Nevertheless, minimum requirement fr educatin/experience/skills must be met Please indicate the specific categries/cases (multiple answers pssible): Entrepreneurs r aspiring entrepreneurs in any area (upn fulfilment f specific cnditins) Entrepreneurs r aspiring entrepreneurs in high-tech sectrs likely t create high-grwth emplyment Self-emplyed wrkers (upn fulfilment f specific cnditins) Facilitatin fr internatinal students (graduates frm third cuntries wh btained a higher educatin degree in the EU) A jb seeking permit fr highly-skilled nn EU natinals A jb seeking permit fr nn EU natinals fr sectrs where labur shrtages are identified Other (please specify) 6.26 Please Specify - Shrt term casual high skilled migrants: Include an additinal scheme that wuld facilitate the quick access t the labr market t high qualified resurces fr shrt term (1-6 mnths) t respnd t the dynamic needs f the respective rganizatin. Thse shuld be cnsidered the casual qualified migrants with n intentin t relcate nr t take up a permanent psitin in the cuntry. Hence the criteria applicable t them t be granted a Blue card permit shuld be less restrictive. - Skilled asylum seekers wh already entered the EU and fulfil the Blue Card requirements but whse request fr asylum gets denied. Given the ways in which entrepreneurs and self- 3

4 emplyed wrkers (e.g. as cnsultants) dvetail int every level f the mdern highly skilled labur frce, there is a need t integrate rutes fr highly qualified persns be they emplyees r the self-emplyed D yu have further cmments n hw the EU can be made mre attractive fr highly qualified wrkers (in particular in relatin t the Blue Card directive)? - Better prmtin f EU Blue Card within third cuntries: The EU needs t send a clear message t highly qualified wrkers utside the EU that the Blue Card Directive aims t supprt their inward migratin int the EU and that it prmtes intra-eu mbility and rutes t permanent residence with EU-wide advantages. In s ding, it creates pprtunity in excess f natinal schemes. - Highly-skilled third-cuntry service prviders face challenges when entering an EU Member State based n mde 4 cmmitments n the temprary mvement f natural persns included in an internatinal trade agreement. Nt all Member States recgnize the six mde 4 categries f business persns prviding services included in the EU s trade agreements and Member States existing definitins d nt clearly distinguish between these categries. Legal certainty is currently nly prvided thrugh the ICT Directive fr the mde 4 categry f intracrprate transferees. Including mre mde 4 categries in a revised EU Blue Card Directive wuld cntribute t a unified EU-wide scheme that enables intra-eu mbility and thereby incentivizes the input f highly-skilled freign prfessinals in the EU ecnmy. 4

5 7. QUALIFICATIONS 7.3 Did yu have t apply t have a wrker's nn-eu qualificatin fficially recgnised? 7.4 If yes, hw lng did it take: 1-3 mnths 7.5 Did yu use a third party (e.g. a lawyer r specialised firm) t help with the recgnitin f qualificatins? 7.6 Please Specify Agents bth in emplying cuntry and agent in cuntry where qualificatin was issued (s as t have it legalized). 7.8 On average, hw lng des it take t get nn-eu qualificatins fr a regulated prfessin recgnised in yur Member State? ( regulated prfessin : a prfessinal activity t which access is limited t thse with specific prfessinal qualificatins, e.g. prfessins with prfessinal assciatins, such as accuntants, lawyers, ntaries, dentists) 1-3 mnths 7.12 Was it difficult t get yur nn-eu qualificatin recgnised? Depends n where the qualificatin was awarded r what a lcal cnsulate f that EU Member State may require. This is unpredictable and may vary frm cuntry t cuntry. Fr example the German cnsulate in Nigeria may have mre requirements than the German cnsulate in the US. This can make the prcess and prgram unattractive due t sme unpredictability 7.18 In the field f recgnitin f qualificatins btained utside the EU, which f the fllwing initiatives wuld yu welcme the mst? An easier [and standardized] system f recgnitin f qualificatins at EU level fr nn-eu qualificatins Increased transparency n natinal prcedures A better use f the qualificatins framewrks t supprt recgnitin (where these exist) 7.19 Please explain what wuld be the advantages f such an initiative (in terms f reducing csts etc.) fr yu. Recgnitin f qualificatins wuld becme less f a black-bx exercise and therefre mre predictable meaning less time and cst fr cmpanies. It wuld enable quick decisins t be made n whether t seek a Blue Card fr a highly qualified wrker and it wuld enable natinal authrities t prcess the applicatins quickly and efficiently. 5

6 As mentined abve, we d nt see the need fr a qualificatin standard per se, as educatinal qualificatins culd be verruled by experience, knwledge f the particular cmpany and special skills. 6