27 JUNE 2023

On 8 May 2023, the transposition of Directive (EU) 2021/1883 on the migration of highly qualified persons was published in the Official State Gazette (BOE).

Through the transposition of the aforementioned Directive, important changes are made in relation to the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment.

In particular, the new features include the establishment of more inclusive admission criteria for EU Blue Card holders, the facilitation of mobility and family reunification within the EU, simplified procedures for recognised employers, a higher level of access to the labour market and improvements to the procedure for authorising the entry and residence of highly qualified professionals.

The most important new features are listed below:

– Provision for two types of authorisations for highly qualified personnel, for which it will no longer be necessary to have a university degree, but it will be possible to apply even if you have higher education. The novelty of the residence authorisation for highly qualified professionals holding an EU Blue Card is included.

– The extension of the subjective framework for the granting of the EU Blue Card, which may be granted not only to highly qualified workers, but also to their spouses or partners, as well as to their minor and adult children who are economically dependent on the holder and dependent ascendants, provided that they meet the requirements set out in the Law.

– The elimination of size and turnover requirements for employers, extending its scope to small and medium-sized enterprises.

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