The EU Blue Card is a residence permit governed by Article 27 quarter of Legislative Decree no. 286/98 (the so called “Testo Unico Immigrazione”). In our legal system, the European Directive 2021/1883 on the conditions of entry and residence of foreign citizens intending to carry out highly qualified work in an EU Member State was implemented by Legislative Decree no. 152/2023, promoting a more effective regime for the entry of highly qualified workers from third countries, with accelerated procedures, more flexible admission criteria and greater mobility within EU territory.
EU Blue Card: what is it?
The EU Blue Card is a special residence permit, intended for non-EU citizens with a highly qualified professional profile, which allows them to legally reside and work in one of the European Union countries for a limited period of time and, above all, subject to the existence of an employment contract. The EU Blue Card is valid for two years in the case of open-ended contracts, whereas, in the case of fixed-term contracts, this permit expires three months after the employment contract’s expiration date.
The holder of an EU Blue Card may be granted long-term resident status (the EC long-term resident permit would be issued) under the following specific requirements and conditions:
- having resided legally and continuously for five years in the territory of the European Union on the basis of an EU Blue Card;
- they have been in possession, in Italy, for at least two years, of a residence permit in electronic format, bearing the words “EU Blue Card”.
Family members of a foreigner holding an EU Blue Card and long-term resident status are granted a two-year residence permit for family reasons.
Highly qualified workers who can obtain an EU Blue Card
Article 27 quater, paragraph 1, of Legislative Decree no. 286/98, as amended by the Legislative Decree No. 152/2023, establishes the requirements that determine the status of ‘highly qualified worker’. In fact, it states that highly qualified workers are those in possession of one of the following qualifications:
- tertiary level higher education qualification issued by the competent authority in the country where it was obtained certifying the completion of a higher education course of a duration of at least three years or a post-secondary level professional qualification of at least three years’ duration or corresponding at least to level 6 of the National Qualifications Framework referred to in the Decree of the Ministry of Labour and Social Policies of 8 January 2018;
- requirements set out in Legislative Decree No 206 of 6 November 2007, limited to the exercise of regulated professions;
- higher professional qualification attested by at least five years of professional experience of a level comparable to tertiary level higher education qualifications, relevant to the profession or sector specified in the employment contract or binding offer;
- a higher professional qualification attested by at least three years of relevant professional experience acquired during the seven years preceding the submission of the application for an EU Blue Card, in the case of managers and specialists in the field of information and communication technology as defined in ISCO-08 classification no. 133 and no 25.
How to apply for the EU Blue Card
The procedure for obtaining the EU Blue Card requires the submission of a nulla osta application, by filling in the specific form (in Italian “Modulo BC”). It shall be submitted by the employer to the Single Desk for Immigration (in Italian “Sportello Unico per l’Immigrazione”) of the territorially competent Prefecture. The application shall include:
- the job proposal or binding job offer lasting at least six months (compared to the previous twelve months);
- the education qualification or professional qualification at post-secondary level; or
- proof of a higher professional qualification. In this case, the application shall be accompanied by employment contracts and/or wage slips showing the sector of activity in which the worker has been employed and the duration of the professional experience of at least five years in the sector for which the EU Blue Card application is made; or
- the requirements limited to the regulated professions set out in Legislative Decree no. 206 of 6 November 2007.
With reference to point 2, in the case of qualifications obtained in the People’s Republic of China, it is necessary to collect the original degree diploma, the original transcript of university examinations and two original copies in English of the certificates of authenticity to be obtained through the CSSD website – www.chsi.com.cn. Specifically:
- Higher education: Online Verification Report of China Higher Education Qualification Certificate (高等教育学历认证报告), Verification Report of Academic Transcript (大学成绩认证报告), Verification Report confirming the award of the degree (Bachelor, Master, or PhD).
- Secondary education: Online Verification Report of China Secondary Education Qualification Certificate, Verification Report of Student’s Academic Transcript, Certificate of NCEE /GaoKao e certificate of Huikao (if available).
The documents referred to in points 2 and 3 issued by authorities/entities of non-EU countries shall be legalized at the competent Italian diplomatic Representation, or, in the case of countries which are parties to the Hague Convention, they shall be legalized at the competent authority by affixing an apostille, with a certified Italian translation.
With regard to point 2, the documentation shall be accompanied by the declaration of value issued by the diplomatic representation competent for the place of achievement.
It is possible to obtain certification of the qualification with equivalent value through CIMEA – Centre for Information on Mobility and Academic Equivalences (www.cimea-diplome.it). This certification is directly recognized by Italian institutions and is also valid for visa verification. In addition, the use of the certification service provided by CIMEA simplifies the process, avoiding legalization, the procedure through the CSSD, and also the declaration of value.
The entire original documentation, or a certified copy of it, shall be submitted at the Single Desk for Immigration when signing the residence contract.
Issuance of the “nulla osta”
Once the application has been submitted, if the legal conditions are met, the Single Desk for Immigration proceeds with the electronic transmission of the nulla osta to the competent diplomatic representation within ninety days. After the nulla osta has been issued, the foreign worker can go to the Consular Representation of his country to apply for a work visa.
Within eight days of entering the national territory, the worker shall go to the Single Desk for Immigration with the employer to sign the residence contract and then submit the application for the EU Blue Card to the competent police headquarters (in Italian “Questura”), by filling out the appropriate forms. Once these formalities have been completed, the worker in possession of a regular EU Blue Card can immediately carry out work activities, prior mandatory communication (in Italian “Modello UniLav”) by the employer to the employment services.
Immigration policies, which regulate the entry of workers from non-EU countries, represent a highly complex and sensitive issue. For this reason, we believe that the support of professionals is essential to ensure compliance with current regulations. Zunarelli Law Firm remains at your disposal for any assistance you may require in this matter.
China Desk – Zunarelli Law Firm
