Spain
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 29 May 2023, also affect Spain’s national residence permit for highly qualified professionals.
The principal changes are as follows:
- 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 prior to expiry) for a further 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 labour 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 labour 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 on 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 holding a higher vocational training certificate are now eligible to 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-day period for professional purposes (i.e., 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 cancelled (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 application of the main applicant.
Other EU Member States which have recently proposed or implemented amendments to their immigration rules to transpose the revised EU Blue Card Directive include Bulgaria, Germany, Greece, Netherlands, Slovakia and Sweden.
Sweden
The Swedish government has published a report proposing new requirements for permanent residence permits.
The report proposes that new language and knowledge requirements for a permanent residence permit should apply to individuals who are over 18 years of age (with some exceptions for age) from 1 July 2027.
The report proposes a two-part online test. One part would test Swedish language listening skills at A2 level according to the Common European Framework of References for Languages (CEFR). The other part would test basic knowledge needed to live and work in Swedish society, written in Swedish at CEFR A2 level.
The tests would cost SEK 700 each (SEK 1400 in total).
Sweden
The Swedish government has published a memorandum proposing that, to be granted a work permit, an applicant must have a wage equivalent to at least 80% of the median wage in Sweden. This currently amounts to SEK 26,560 per month.
It is proposed that this amendment to the immigration rules enter into force on 1 October 2023.
United Kingdom
The UK Home Office has published updated lists of its standard processing times for UK visa applications submitted from inside or outside the UK.
For applications made outside the UK, the current standard processing time is 3 weeks for all work, study and visit visas. Family visas may take 24 weeks, British National (Overseas) visas may take 12 weeks and Ukraine-related visas should be processed “as quickly as possible”.
Applicants are advised not to book any travel to the UK until their application has been decided.
For applications made for extension or switching category made from inside the UK, the current standard processing time is 8 weeksfor almost all for all work, study, family and visit visas. India Young Professionals Scheme visas may only take 3 weeks, British National (Overseas) visas may take 12 weeks and Turkish Businessperson and Turkish Worker visas may take 6 months. Again, Ukraine-related visas should be processed “as quickly as possible”.
Applicants can stay in the UK until they have been given a decision, as long as they applied before their last visa expired.
In some cases, applicants may be able to pay for a faster decision through the priority or super priority services.
