Article Written By Alessandro Ricciardi

BLUE PAPER – ENTRANCE AND STAY FOR HIGHLY QUALIFIED WORKERS

BLUE PAPER – ENTRANCE AND STAY FOR HIGHLY QUALIFIED WORKERS

INFORMATIVE NOTE:
The Directive applies to highly qualified third-country nationals who apply to be admitted to the territory of a Member State to carry out a job for more than three months, as well as to their family members.
Highly qualified workers are foreigners in possession of a qualification issued by higher education institutions, lasting at least three years, with the achievement of the relative professional qualification certified by the country of origin.
Conditions of admission
To be admitted, the candidate must submit:
1. An employment contract or a binding job offer with a salary the amount of which corresponds to at least € 26,359.00 per year; 2. A valid travel document and a valid residence permit or long-term visa;
3. Evidence that benefits from health insurance;
4. For regulated professions, documents proving that the person complies with the necessary conditions and for non-regulated professions
regulated, documents certifying the possession of higher professional qualifications.

La domanda di rilascio della Carta deve essere presentata obbligatoriamente dal candidato o dal suo datore di lavoro.
La risposta è notificata entro un termine di 90 giorni dalla presentazione della domanda. In caso di accettazione, il beneficiario ottiene le agevolazioni necessarie per l’ottenimento di un visto.

La domanda può essere respinta in ragione delle quote di ammissione stabilite dallo Stato membro o di politiche di assunzioni etiche o se il datore di lavoro è stato oggetto di sanzioni in virtù della legge nazionale, a causa di lavoro non dichiarato e/o occupazione illegale.
Diritti e soggiorno negli altri Stati membri
Con tale Carta i cittadini dei paesi terzi possono, insieme alla loro famiglia:

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1. Entrare e soggiornare nello Stato membro di rilascio, uscirne e passare attraverso gli altri Stati membri;
2. Accedere al mercato del lavoro nel settore interessato;
3. Beneficiare dello stesso trattamento riservato ai cittadini nazionali, in particolare per quanto riguarda le condizioni di lavoro, la

sicurezza sociale, la pensione, il riconoscimento dei diplomi, l’istruzione e la formazione professionale.

Dopo due anni di lavoro regolare possono ricevere lo stesso trattamento riservato ai cittadini nazionali per quanto riguarda l’accesso a qualsiasi lavoro altamente qualificato.
Dopo 18 mesi di residenza legale possono spostarsi in un altro Stato membro per svolgervi un lavoro altamente qualificato (fatti salvi i limiti fissati dalle autorità di tale Stato per quanto riguarda il numero di cittadini che possono essere ammessi).
La procedura è uguale a quella relativa all’ammissione nel primo Stato membro. Tuttavia, il beneficiario di una Carta Blu UE e la sua famiglia possono entrare e soggiornare nel secondo Stato, purché lo notifichino alle autorità di quest’ultimo entro un mese.

Il datore di lavoro dovrà presentare la domanda di nulla osta allo sportello unico per l’immigrazione, presso la Prefettura – Ufficio territoriale del Governo, insieme alla proposta di contratto di assunzione, al titolo di studio del lavoratore e all’importo annuo lordo dello stipendio.
Lo stesso sportello unico per l’immigrazione convoca il datore di lavoro e rilascia il nulla osta al lavoro non oltre 90 giorni dalla presentazione della domanda ovvero, entro il medesimo termine, comunica al datore di lavoro il rigetto della stessa.

Per ricevere la «Carta Blu Ue», gli stranieri altamente qualificati dovranno dimostrare di aver completato «un percorso di istruzione superiore di durata almeno triennale e della relativa qualifica professionale superiore, come rientrante nei livelli 1, 2 e 3 della classificazione ISTAT delle professioni CP 2011».

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Altre informazioni utili:

La CARTA BLU non è convertibile. Dopo due anni di lavoro regolare, i possessori di carta blu possono ricevere lo stesso trattamento riservato ai cittadini nazionali per quanto riguarda l’accesso a qualsiasi lavoro altamente qualificato. Dopo 18 mesi di residenza legale possono spostarsi in un altro Stato membro per svolgervi un lavoro altamente qualificato (fatti salvi i limiti fissati dalle autorità di tale Stato per quanto riguarda il numero di cittadini che possono essere ammessi).

La procedura è uguale a quella relativa all’ammissione nel primo Stato membro. Tuttavia, il beneficiario di una Carta Blu UE e la sua famiglia possono entrare e soggiornare nel secondo Stato, purché lo notifichino alle autorità di quest’ultimo entro un mese. Il secondo Stato membro può decidere di non consentire al cittadino del paese terzo di lavorare finché una decisione positiva sulla domanda non sia presa dalla propria autorità competente. La domanda può altresì essere presentata alle autorità competenti del secondo Stato membro se il titolare della Carta Blu UE soggiorna ancora nel territorio del primo Stato membro.

L’articolo 9-ter T.U. Immigrazione, introdotto dal d.lgs. n.108/2012, invece, regola lo status di soggiornante di lungo periodo per i titolari di Carta blu UE, prevedendo che i cinque anni di soggiorno regolare, necessari per il suo ottenimento, possono essere raggiunti anche cumulando periodi di soggiorno regolare come titolari di Carta blu Ue in un altro Stato membro. È comunque necessario aver soggiornato in Italia regolarmente ed ininterrottamente come titolare di Carta blu Ue nei due anni precedenti la presentazione della richiesta di permesso di soggiorno di lungo periodo.

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“Una procedura agevolata è prevista per gli stranieri titolari di carta blu UE rilasciata da altro Stato membro dell’UE. Dopo 18 mesi di soggiorno legale in un altro Stato membro, infatti, lo straniero può fare ingresso in Italia senza necessità del visto, per lo svolgimento sempre di un’attività lavorativa altamente qualificata. In tal caso il datore di lavoro dovrà presentare domanda di nulla osta al lavoro entro un mese dall’ingresso dello straniero nel territorio nazionale.

In caso di rilascio del nulla-osta, il lavoratore ottiene una Carta blu UE rilasciata dall’Italia.

Normativa di riferimento:
– Decreto legislativo 28 giugno 2012, n. 108
– Circolare Ministero Interno del 3 agosto 2012
– Circolare Ministero dell’Interno del 7 dicembre 2012”

Se hai bisogno di una consulenza siamo a tua completa disposizione !

AllTheVisas in partnership con AnyExpat.

About the Author(Alessandro Ricciardi)

Allthevisasroma specializes in providing legal advice and comprehensive assistance for individuals seeking to stay and work legally in Italy. With a wealth of experience, the team offers personalized, high-quality services in obtaining necessary documents and permits. Services include assistance with work permits (Nulla Osta) through the Unified Immigration Desk, issuance of residence permits, and support for various essential documents such as surety, health policies, travel documents, visa requests, certifications, and translations. The company's commitment lies in ensuring a smooth and efficient process for its clients, guiding them through the complexities of legal requirements in Italy.

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We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

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SECTION 15 – SEVERABILITY

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SECTION 16 – TERMINATION

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The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

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SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, BFP, G21BP, United Kingdom.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].