On 10 May 2023, the Spanish government passed amendments (Law 11/2023) to Law 14/2013 that implement the revised EU Blue Card Directive (EU 2021/1883). The changes, which took effect on May 29, 2023, also affect Spain’s national residence permit for highly qualified professionals.
Highlights
- EU Blue Cards and national residence permits for highly qualified professionals are both now issued with an initial validity of up to three years (previously one year for EU Blue Cards) or, if the duration of the contract is shorter, up to three months after the end of the contract term.
- Renewal may be requested (in the 60 days before expiration) for an additional two years, if the original requirements are still being met. After this total period of five years, the holder may apply for long-term residence.
- As part of the EU Blue Card application process, employers are no longer required to conduct a labor market test. Previously, smaller companies (those with up to 500 employees or annual revenues of up to EUR 200 million were required to carry out a labor market test before sponsoring applicants for EU Blue Cards.
- Employees applying for EU Blue Cards must be paid a salary of between 1 and 1.6 times the average gross annual salary. In some cases, however, a lower salary threshold may apply (more details are expected). Previously, applicants were required to earn at least 1.5 times the average gross annual salary.
- Applicants for EU Blue Cards must demonstrate educational qualifications at least equivalent to Level 2 of the Spanish Qualifications Framework for Higher Education, i.e., a bachelor’s degree or completion of a program of at least four years. Alternatively, they must have at least five years of relevant work experience in their sector or profession (three years for IT professionals).
- Employees with a higher vocational training certificate can now apply for an EU Blue Card. Previously, these applicants were not eligible.
- Applicants for national residence permits for highly qualified professionals must demonstrate educational qualifications at least equivalent to Level 1 of the Spanish Qualifications Framework for Higher Education. Alternatively, they must have at least three years of relevant work experience in their sector or profession.
- Holders of EU Blue Cards issued in other EU Member States may enter Spain for up to 90 days in any 180 days for professional purposes, such as to conduct business or work, without obtaining a Spanish visa or work authorization document.
- Spanish EU Blue Card holders who become residents of another EU Member State and obtain a Blue Card in that Member State will have their Spanish EU Blue Cards canceled (this rule was previously enforced but is now clarified in the law).
- Residence applications of dependent family members will now be processed together with the main applicant’s application.
Erickson Insights
Other EU Member States recently proposed or implemented amendments to their immigration rules to transpose the revised EU Blue Card Directive, including Bulgaria, Germany, Greece, Netherlands, Slovakia, and Sweden. Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting or case-specific questions, please contact your employer or EIG attorney.