Under the new directive, highly skilled workers from third countries will now find it easier to obtain entry and residency in EU countries. The Council of Ministers has recently approved a legislative decree implementing EU Directive 2021/1883, which focuses on easing the entry of certain categories of workers into EU member states.
What does this directive entail?
The directive grants preferential treatment to highly skilled workers seeking access to EU member states. Specifically, it expands the subjective scope for those wishing to engage in highly qualified work, whether their initial purpose of the stay was unrelated or eventually evolved into pursuing such employment.
The main provisions of the directive include:
- Granting the EU Blue Card to seasonal workers who meet the requirements for highly skilled jobs
- Facilitating the entry of executives and specialists in the fields of information and communication technologies
- Allowing foreign citizens holding the EU Blue Card to engage in self-employment concurrently with subordinate work
- Simplifying family reunification and providing access to the job market for spouses and dependents of EU Blue Card applicants
But what exactly defines highly qualified work?
A third-country citizen is anyone who is not a citizen of the European Union.
The concept of highly qualified work pertains not only to individuals possessing a high level of proven competence through professional qualifications but also to work that inherently requires such skills.
Specifically, highly qualified work refers to the work of a person who:
- Is protected as an employee under the national labor law or in accordance with national practices in the concerned EU member state, irrespective of the legal relationship, to carry out actual and effective work on behalf of or under the direction of another person.
- Is protected under national labor law or in accordance with national practice in the concerned EU member state, regardless of the legal relationship, to carry out actual and effective work on behalf of or under the direction of another person
- Receives remuneration for the aforementioned work
- Possesses the necessary higher professional qualifications
In cases where national residence permits are issued for highly qualified work, EU member states will provide EU Blue Card holders with the same procedural guarantees stipulated in their national systems.
With this new directive in place, highly skilled workers from third countries can look forward to a smoother and more accessible process when seeking employment in Italy and other EU countries. The move is expected to enhance labor market competitiveness, promote economic growth, and foster greater cultural exchange within the Union.
