Designed to attract qualified talent to Europe, the Blue Card is a temporary residence and work authorization similar to the permit granted to highly qualified workers.

The difference is that in order to obtain the Blue Card, the job for which the applicant is applying must be on the job shortage list; or there are not enough Spanish candidates to fill it.

On the other hand, it will be the employer who initiates the Blue Card application process while the worker is in his or her country of origin.

What is considered a highly qualified worker?

A highly qualified worker is one who has undergone higher qualification training in his or her area of work for at least three years.

Who can apply for the Blue Card?

The Blue Card is for foreign workers not residing in Spain, i. e., non-European Union citizens who meet the conditions to obtain an initial authorization for residence and work as an employee.

By obtaining the Blue Card, the holder will be able to live and work legally in any of the EU member countries. Depending on the country chosen, a Blue Card will be valid for one to four years.

However, to obtain the Blue Card, the worker must prove that he/she has the required aptitude and experience for the position for which he/she is applying. This can be done in two ways:

• By demonstrating a minimum of five years of experience in the same sector as the work activity he will perform in Spain.
• By providing qualifications attesting to a minimum of three years’ specialized training at a high level of qualification; or the ability to participate in a research program in the sector

The procedure to obtain the Blue Card has similarities with other processes for hiring foreign workers and also differences that, if not properly addressed, may hinder the process.

Many companies wish to recruit foreign talent but are not clear about what type of residence and work permit or authorization they should apply for.

• How do I know if the applicant meets all the requirements for qualified training?
• Can I apply if the worker is in Spain or must return to his or her country of origin?
• What should I do if the worker I want to hire does not yet have work experience in the sector?

These questions and many others arise when hiring foreign personnel. If you have doubts about the Blue Card and other residence and work permits in Spain, at Duguech&Dip we are here to help you. Schedule an appointment with us.

Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing on this article should be used as a substitute for the advice of competent legal counsel. The content on this article is offered only as information. And does not constitute solicitation or provision of legal advice. You should always consult a suitably qualified lawyer regarding any specific legal problem or matter.

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