To legalize their stay and work in Poland, foreigners living and working in the country must know what steps to take. The maze of regulations does not make this task easy, but common knowledge in this area for many foreigners and their employers boils down, somewhat rightly, to a ‘simple’ list of steps to take: obtaining a work permit through the employer and obtaining a single residence and work permit by the foreigner. There is no room for maneuver here – or is there? Employer, check if the foreigner you are hiring can apply for the so-called EU Blue Card, which benefits both them and you.
What is the EU Blue Card ?
Under the somewhat mysterious name “Niebieska Karta“, or its more common English version “Blue Card,” lies a residence permit issued based on obtaining a temporary residence and work permit in a profession requiring high qualifications. The existence of the Blue Card was initiated by Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment. The directive aimed to encourage highly skilled workers from third countries to come to the European Union and work, while simultaneously facilitating easier access to the labor market and greater flexibility in not only changing cities but also countries of residence within the EU territory.
Both foreigners and employers often are unaware of the possibility of applying for this residence status. Foreigners often apply for a “standard” single residence and work permit, even though they meet the requirements for obtaining a permit due to their high qualifications. In the further part of the article, we will therefore examine the criteria for applying for the Blue Card and some of the benefits of having it.
Blue Card – for whom?
Foreigners wishing to apply for the Blue Card must meet a number of conditions. The most important of these is documenting work in a profession requiring high qualifications. Therefore, the foreigner will have to present documents confirming at least 5 years of professional experience related to the current job or completion of at least 3 years of higher education in a field related to this position.
Another criterion that a foreigner applying for the Blue Card must meet is having an employment contract for a minimum period of 1 year. However, this is not the only condition – the salary level is also important. The minimum threshold changes every year and is always equivalent to 150% of the average national salary in the year preceding the application. This value is announced by the President of the Central Statistical Office at the beginning of each calendar year.
EU Blue Card – privileges for the foreigner and benefits for the employer
One of the most important privileges of having the Blue Card is the lack of necessity to apply for a new temporary residence and work permit when changing employers or working conditions, which would require applying for an entirely new residence decision in the case of a regular permit. Therefore, if you want to hire a foreigner who has obtained the Blue Card, it is sufficient for them to submit an application to change the permit. Furthermore, after 2 years of residence based on the Blue Card, the foreigner can change both the terms of employment and the employer by simply informing the authorities of this fact within 15 days of the change occurring.
Another equally important benefit for the holder of the Blue Card is the possibility of obtaining a residence permit for family members under more favorable conditions. In such a situation, the foreigner’s spouse will be exempt from the requirement to obtain a work permit, which will result in greater flexibility and freedom in the job market.
The rationale for implementing the EU Blue Card was to facilitate the legalization of stay and work for foreigners with high qualifications on the territory of European Union countries. Therefore, its holders can also apply for a residence permit as a long-term resident of the EU under more favorable conditions. One of the criteria for applying for this residence status is the requirement to document uninterrupted residence in the territory of Poland for a period of at least five years. Foreigners holding a temporary residence and work permit in a profession requiring high qualifications can combine periods of stay in different member states, giving them the opportunity to apply for this type of residence permit earlier.
The EU Blue Card with the Karta Pobytu Portal
Do you employ foreigners who may apply for the EU Blue Card? Don’t wait, contact us, we will comprehensively handle your employees and help them obtain this, as well as many other residence permits. Our specialists have years of experience in conducting legalization procedures, so you can confidently entrust us with obtaining temporary residence permits and residence cards, including the EU Blue Card.
