Italy | Immigration | New rules for the EU blue card

11 October 2023

Immigration

Italy | New rules for the EU blue card

Summary

The draft of the Italian decree implementing the revised EU Blue Card Directive has been published. The draft introduces new measures, including on accessibility to the labour market of member States for highly qualified workers under the Directive.

The detail

In order to address talent shortages across the EU, the EU Blue Card was introduced in May 2009 as the European equivalent of the US Green Card. The purpose was to make it easier for non EU/EEA nationals to work freely in multiple EU member states within the European Union. However, studies over several years have shown that use of the EU Blue Card category is generally low across member states. Therefore, a revision was proposed in 2016 and after long negotiations the revised EU Blue Card Directive entered into force on 17 November 2021. Member states have until 17 November 2023 to implement the amended Directive into national legislation.

The aim of the new Directive is to simplify the procedures and qualifying criteria, and to widen the scope and to strengthen the rights of EU Blue Card holders. Some of the most important changes are facilitated possibility for EU Blue Card holders to undertake business activities in other member states, recognition of professional experience in addition to or instead of educational qualifications and facilitated EU mobility after 12 months (reduced from 18 months).

The draft proposal for Italy contains the following main changes compared to the current EU Blue Card Directive, as implemented in Italy:

• The possibility of issuing the EU Blue Card to seasonal workers who meet the requirements for highly skilled work, allowing them to be considered outside the maximum quotas for foreigners admitted for subordinate work in the country.
• Facilitating the entry of managers and specialists in information and communication technology services.
• Promoting innovative entrepreneurship, enabling foreign citizens with the EU Blue Card to engage in self-employment activities alongside their subordinate work.
• More favourable conditions for family reunification and access to the labour market for the family members of the EU Blue Card applicant

The Italian draft, through these significant innovations, embraced the purpose of the European directive in order to facilitate the access, the continuity and the mobility of high qualified workers and their families.

Furthermore, the draft will be definitively validated and converted into law by the beginning of December 2023. Vialto Partners will continue to monitor this and the possible impact of any further changes or amendments.

What this means for employers

It remains to be seen whether the final decree will contain the proposed measures. However, it is expected that the increased flexibility of the criteria and requirements under the revised Directive will also be reflected in the Italian decree implementing the measures into national law.

Contact us

Should you require more information, please reach out to your Vialto Partners point of contact, or alternatively:

Giovanni Maria Guidone

Italy Immigration Lead

giovanni.maria.guidone@vialto.com

A: Via Dante 16 – 20121 Milan, Italy

M: +39 331 6710635

W: www.vialto.com

Further information on Vialto Partners can be found here: www.vialtopartners.com