In an increasingly globalized world, labor mobility has become a growing reality, responding to the current and future demands of the job market. These dynamics aim, among other objectives, to attract and retain highly qualified professionals from third countries, in line with the specific needs of each country.
In this context, two key residence options stand out: the Highly Qualified Professional Residence Permit and the EU Blue Card. Both aim to facilitate the entry and stay of foreign highly qualified workers, though they have distinct characteristics.
EU Blue Card vs. Highly Qualified Professional Regime: What do we need to know?
Both schemes aim to attract professionals from outside the European Union for jobs requiring advanced qualifications. The primary difference between the EU Blue Card and the Highly Qualified Professional Residence Permit is that the EU Blue Card allows for mobility within the European Union. It enables holders to live and work in other Member States, provided they meet certain requirements. In contrast, the Highly Qualified Professional Regime is more restrictive, only permitting stay within Portugal, without the same mobility flexibility.
Like the Highly Qualified Professional Regime, the EU Blue Card requires, among other things:
i. A work contract or job offer with a minimum duration of 6 months;
ii. An annual salary of at least 1.5 times the average gross annual salary in the country;
iii. Higher education qualifications and/or relevant professional experience.
The main difference is that the EU Blue Card offers greater flexibility, allowing its holder to live and work in various EU Member States to pursue a professional activity, in accordance with each country's legislation.
Regarding the physical residence title (EU Blue Card), its validity is for a minimum of 5 (five) years, with automatic renewal upon application at the end of the validity period.
If the work contract duration is less than 2 (two) years, the card will be valid for the contract period plus three additional months. Renewal must be requested up to 30 (thirty) days before the card expires.
Access to the European Labor Market
Among the rights granted to EU Blue Card holders is the right to engage in a highly qualified activity in the Member State of residence, subject to certain conditions. During the first 12 (twelve) months of residence, EU Blue Card holders face restrictions when changing employers—this is only permitted after notifying local authorities. Additionally, seeking new employment or engaging in parallel (secondary) activities is only allowed after this period.
After the first 12 (twelve) months of residence, EU Blue Card holders can change employers freely, simply notifying the local authorities. They may also seek new employment and engage in secondary activities (provided they remain ancillary).
Equal Treatment
EU Blue Card holders are entitled to equal treatment as nationals of the issuing Member State in several areas, ensuring fair integration into the labor market and society. This includes:
Working conditions: Protection in terms of wages, job security, working hours, and leave;
Associations and organizations: Right to join unions and professional associations;
Education and training: Right to access education, with possible restrictions on support and funding in some cases;
Recognition of qualifications: Ability to have diplomas and qualifications recognized for professional practice;
Social Security and access to Goods and Services: Equal access to social security and public services, such as housing support programs and job search services, in accordance with national regulations;
Pensions and international benefits: Right to pensions acquired while moving to a country outside the EU, under the same conditions as nationals.
Right to Family Reunification
EU Blue Card holders are entitled to family reunification under national legislation, allowing their family members to join them without specific residence duration requirements or timeframes for granting permanent residence. To facilitate family mobility, certain conditions have been relaxed:
Simultaneous decision: Family reunification applications can be submitted together with the EU Blue Card application or within 30 days of arrival in the country.
Residence Permit validity and access to labor market: Family members’ residence permits are valid for the same duration as the EU Blue Card holder’s, and they are also allowed to work, either as employees or self-employed.
Mobility and Long-Term Family Stability
Additionally, if you already hold an EU Blue Card and have lived for at least 12 (twelve) months in a Member State where the card was issued, you can move to Portugal to work in a highly qualified profession, bringing your family with you.
If you have already lived and worked in another Member State, the required residence period is reduced to just 6 months.
After 6 (six) months in another Member State, you can move to Portugal, work in a qualified profession, and bring your family, provided family reunification conditions are met. The application can be made either at the same time as the EU Blue Card application or shortly after arriving in Portugal.
Long-Term Resident Status for EU Blue Card Holders
For EU Blue Card holders, the five-year legal residence period required to obtain long-term resident status in the EU begins from the issuance of the card, counting time spent in both Portugal and other Member States. However, it is necessary to have lived uninterruptedly in Portugal for the two years prior to the application. During this period, absences from the EU cannot exceed 18 (eighteen) months in total or 12 (twelve) consecutive months[2].
Conclusion
While the Highly Qualified Professional Residence Permit remains one of the more widely used options, both the EU Blue Card and this regime are designed to attract skilled professionals from third countries.
The EU Blue Card, however, offers significant advantages in terms of mobility within the European Union, as well as ensuring important rights for its holders, making it an attractive choice for professionals looking to explore opportunities across several EU Member States.
On the other hand, the Highly Qualified Professional Regime may be more accessible and less bureaucratic, as the documentation requirements tend to be simpler, and residence applications can be made more directly, such as through consular channels. However, this regime restricts the professional's activities to Portugal only.
Additionally, it is important to note that the process for Highly Qualified Professionals generally begins with a residence visa application submitted to the competent Consulate. In this case, the scheduling with AIMA to request the corresponding residence permit is straightforward and tied to the visa's issuance.
On the other hand, scheduling an appointment to apply for the EU Blue Card depends on the availability of slots and requires contacting AIMA by phone. This process has proven to be particularly challenging and unstable in recent times.
Ultimately, the decision between the two options should consider not only the professional profile but also personal goals, such as the desire for international mobility or stability within Portugal.
At FiO Legal, we have the necessary experience to guide professionals in choosing the most suitable regime for their needs and assist throughout the entire legal process efficiently. If you are considering your residency options in Portugal or the European Union, we have the right team and specialized knowledge to support you every step of the way.
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