As of June 19, 2011 the Netherlands has adopted the EU Blue Card Directive (2009/50), (also known as the Directive for highly skilled migrants) into its national legislation. As of this date direct recourse to the directive is possible. Who is this directive applicable to? How does it differ from existing national rulings regarding highly skilled migrants?

The new directive lays down the conditions for granting entry and residence, for periods exceeding three months, to individuals, and their families, who with the EU Blue Card are in the Netherlands as highly skilled migrants. The purpose of this directive is to make the EU more attractive to highly skilled workers and as such to strengthen the EU's competitiveness and economic growth.

In order to qualify for an EU Blue Card in the Netherlands, a highly skilled migrant employee must have a an employment contract for at least one year and earn a minimum of €60,000 gross per year. To be considered 'highly skilled' the employee in question must have completed a minimum of a three year post-secondary diploma or degree. This degree will be measured against the Dutch educational system and must in turn meet the Dutch requirements of the relevant profession. Furthermore, the employer in question must have a clear record of at least five years regarding the Foreign Nationals Employment Act (Wav) and have no outstanding payments on payroll taxes or insurance premiums.

What are the differences between these two regimes?

Since the Dutch skilled migrant scheme will run parallel to the EU Blue Card directive, a highly skilled migrant or their employer may opt to follow one or the other. Whereas the starting point for national policy is salary related, with the EU directive the education of the highly skilled employee is also of consequence. Furthermore, in order to qualify for an EU Blue Card a higher income bracket has been established. The conditions of the national policy make it easier to obtain a residence permit, but the benefits of the EU Blue Card are also of interest.

Among the benefits of an EU Blue Card is that of being able to work in other EU member states, and the possibility, in some cases, of family members of highly skilled migrants becoming eligible earlier for their own, independent, residence permit (voortgezet verblijf). An additional advantage of the EU Blue Card is that the highly skilled migrant who has worked in several countries may qualify for the EU status of long-term resident third-country national. Thus, so long as the other conditions are met, it may be interesting to opt for an EU Blue Card. This is particularly of interest to companies with offices in several EU member states, as it can greatly facilitate their flexibility if the transfer of their highly skilled employees within Europe is required. And, of course, a Blue Card can be considered as a personal asset for the highly skilled employees as it will improve their labour market mobility within Europe.

For more information about the EU Blue Card, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .