Introduction
On June 3, 2024, the Dutch government amended the Aliens Decree 2000 (hereinafter referred to as the Aliens Decree). This blog will delve into these changes and explain their implications. First, there will be a brief explanation of what the Aliens Decree entails and its purpose. Then, the changes will be discussed. Finally, the consequences of these changes will be examined.
What is the Aliens Decree?
The Aliens Decree is an essential part of Dutch legislation that sets out the rules and procedures for the admission, stay, and expulsion of foreigners in the Netherlands. This decree is intricately linked to the Aliens Act 2000 and provides a detailed elaboration of the legal frameworks established in the Aliens Act 2000. The Aliens Decree addresses various crucial aspects of immigration policy. Firstly, it describes the admission requirements for foreigners who wish to enter the Netherlands. This includes rules for obtaining visas and residence permits, and the admission of specific groups such as students, labor migrants, and family members of Dutch nationals or other foreigners with residence permits. Additionally, the Aliens Decree specifies the types of residence permits available and the conditions that foreigners must meet to qualify for them. The Aliens Decree also sets out the procedures for applying for, renewing, and revoking these permits, ensuring clarity and consistency in how residence permits are managed. Another important aspect of the Aliens Decree is the asylum procedure. The decree contains detailed provisions on how the asylum procedure operates, the criteria for recognizing refugee status and subsidiary protection, and the rights and obligations of asylum seekers during their procedure. The decree also regulates the expulsion and return of foreigners who no longer have the legal right to stay in the Netherlands. This includes rules for both voluntary return and forced expulsion, and cooperation with other countries and international organizations to ensure a smooth return of foreigners. The Aliens Decree is designed to ensure an orderly and fair immigration policy. It establishes clear rules and procedures that are consistently and transparently applied. This protects both the rights of foreigners and the interests of Dutch society. Furthermore, the decree contributes to national security and public order by effectively regulating migration flows and addressing illegal residence.
What are the changes in the Aliens Decree
The European Union aims to further harmonize and strengthen the approach to highly skilled workers from third countries by making the existing scheme for this group to work in the EU more attractive and effective. The primary instrument for skilled migrants from third countries is the EU Blue Card. Therefore, the rules for this card are being relaxed to speed up procedures, make admission criteria more inclusive, and increase mobility within the EU. The EU Blue Card has stricter requirements compared to other permits. For instance, in 2020 and 2021, only 150 permits were issued each year, whereas other permits saw 6,500 and 12,500, respectively. This is due to the salary and qualification requirements of the Blue Card. The main changes are as follows: The relaxation of admission requirements for the EU Blue Card by requiring an employment contract of six months instead of twelve months. Additionally, the salary standard has been adjusted to align with the salary criteria of the national skilled migrant scheme. Currently, the salary criterion for the EU Blue Card is much higher than that of the national skilled migrants scheme (€6,245 vs. €5,331 gross per month). Another adjustment is that holders of an EU Blue Card are allowed to have longer periods of unemployment, provided that they have held the EU Blue Card for two years or longer. It is not required that these two years be consecutive, but rather a total of two years of work experience suffices. Previously, this period was three months and will now be six months. The scope of the Aliens Decree is also being expanded. Highly skilled nationals of third countries who enjoy the right to free movement should be eligible for the EU Blue Card under the same rules as all other third-country nationals covered by this Directive to facilitate their autonomous mobility and work activities within the EU. Finally, mobility for work-related activities is also changing. Holders of an EU Blue Card are allowed to conduct their work activities in another Member State for ninety out of 180 days, which is a change in short-term mobility. For long-term mobility, it will be possible to perform work activities abroad after 12 months of residence as an EU Blue Card holder. Previously, this was 18 months. It is also allowed for the holder to bring their family members.
Consequences of the Changes
The changes to the EU Blue Card scheme are expected to have significant implications for the attraction and mobility of highly skilled workers from third countries. By easing admission requirements, such as shortening the required employment contract from twelve to six months and lowering the salary threshold, it will become easier for highly skilled professionals to access the EU market. This is expected to lead to an increase in the number of applications and issuances of the EU Blue Card.
Extending the allowed unemployment period from three months to six months offers workers more security and flexibility, making the EU a more attractive destination for employment. The expansion of the Aliens Decree means that a broader group of highly skilled workers will have access to the benefits of the EU Blue Card, further enhancing labor mobility within the EU. The improved short- and long-term mobility rules enable cardholders to conduct work activities more easily in other Member States, strengthening intra-EU mobility and cooperation. Overall, these changes will strengthen the EU’s competitive position in the global talent market, making it easier to attract and retain the necessary highly skilled workforce.
Conclusion
The amendments to the Aliens Decree 2000, particularly the relaxations in the EU Blue Card scheme, will have a significant impact on the attractiveness and mobility of highly skilled workers from third countries. By adjusting admission requirements, such as shortening the required employment contract and lowering the salary threshold, it becomes easier for these professionals to access the EU market. The extension of the allowed unemployment period and the expansion of the Aliens Decree offer more security and flexibility for workers. The improved mobility rules, both short- and long-term, also promote intra-EU mobility and cooperation. These changes will enhance the EU’s competitive position and make it easier to attract and retain the necessary highly skilled workforce. If you have any questions on the application procedure for an EU Blue Card or other questions related to migration law, please do not hesitate to contact us via email: info@amice-advocaten.nl , or via our telephone number: +31(0)30 2300 230.