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The first directive establishes more attractive conditions for third country workers to take up highly qualified employment in EU member states, by creating a fast-track procedure for issuing a special residence and work permit called the "EU Blue Card."
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A girl holding balloons walks past a board advertising the 2009 European Elections, placed outside the European Parliament during the European Institution's "Open doors day" in Brussels May 9, 2009 |
The directive determines the common criteria to be set by the EU member states for applicants of the Blue Card without prejudice to more advantageous conditions provided for by national laws.
After 18 months of legal residence in the first member state as an EU Blue Card holder, the person concerned and his family members may move, under certain conditions, to a member state other than the first member state for the purpose of highly qualified employment.
The second legislation prohibits the employment of illegally staying third country nationals, by laying down minimum common standards on sanctions and measures against employers who infringe that prohibition.
Under the directive, employers in the EU are obliged to make sure that a third country national holds a valid residence permit before taking up employment, to keep for at least the duration of the employment a copy or record of the residence permit for inspection by the competent authorities of the member states, to notify the competent authorities of the start of employment of third country nationals within a period laid down by each member state.
Penalties for infringements of the prohibition will include financial sanctions, which will increase in amount according to the number of illegally employed foreigners, and payments of the costs of return in those cases where return procedures are carried out. Other sanctions may also be applicable to employers of illegal workers, such as exclusion from entitlement to public funding or from participation in public tenders.