Under the new Pact on Migration and Asylum, the European Commission presented another package of changes to the 2009/50 / EC Council Directive 2009/50 / EC on the conditions of entry and stay of third-country nationals for the purpose of highly qualified employment. The main aim of the changes is to make the European migration system more attractive for the best qualified foreign nationals from third countries.
These solutions are to attract a greater number of migrants, whose qualifications will allow to fill the staff shortages in key sectors of the economies of the European Union countries.
The following are proposed (inter alia):
- lowering the level of remuneration qualifying a foreign national to apply for an EU Blue Card,
- shortening the period for which an employment contract must be concluded,
- shortening the period in which the foreign national is obliged to present the so-called labor market test in the event of a change of position or employer,
- shortening the period after which the holder of the EU Blue Card issued in one Member State can work in another country under simplified rules.
The proposed changes have yet to be approved by the European Parliament and the Council. After adopting the relevant amendments to the directive, the Member States will have 2 years to transpose the new solutions into their national legal systems.
The Blue Card of the European Union is one of the types of temporary residence permits in Poland, which entitles one to stay and work for a period not longer than 3 years, with the possibility of extension for the same period of time. Currently, it gives, for example, the possibility of changing the employer after 2 years of work on the basis of the Blue Card without the need to obtain a new permit.
Irrespective of the EU law, the Member States have the right to apply separate facilitations in the access to the labor market for foreign nationals from third countries. In Poland, a catalog of professions has been in force for years, in which a faster path to employing a foreign national has been introduced (e.g. without obtaining the so-called labor market test). Another example may be the Poland Business Harbor program, under which a package of facilitating relocation and taking up employment by Belarusian citizens from the IT sector has recently been implemented.
In conjunction with national solutions, changes at the level of EU law may positively affect the attractiveness of taking up employment in Poland and encourage foreign nationals to stay in the country for a long time.
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