In this third and final article in the series dedicated to the Single Permit and Directive (EU) 2024/1233, we analyze the relationship between this European framework, the national schemes applicable to highly qualified professionals, and the EU Blue Card.
Attracting international talent has become a significant priority for companies, research centers, and economic sectors facing shortages of qualified professionals. Technology, engineering, healthcare, scientific research, industry, energy, and financial services are just some of the fields in which the international mobility of workers is assuming growing importance.
In this context, the reform of the European Single Permit scheme, introduced by Directive (EU) 2024/1233, has once again placed labor immigration at the center of debate. For highly qualified professionals, however, the issue rarely ends with the simplification of an administrative procedure. The decisive point is identifying the appropriate legal framework for the professional’s profile, the job offer, and medium- and long-term mobility objectives.
In Portugal, this analysis requires distinguishing different legal frameworks: the European Single Permit procedure, the national residence schemes applicable to the exercise of highly qualified professional activity, and the EU Blue Card.
What Does It Mean to Be a Highly Qualified Professional?
The expression “highly qualified professional” is frequently used in the immigration context, but does not correspond to an entirely uniform notion across all legal regimes.
The relevant qualification does not depend exclusively on academic degree or the designation attributed to the position. Depending on the applicable instrument, particular importance may be attached to:
- the level of academic qualification;
- relevant professional experience;
- the nature and complexity of the functions;
- the level of responsibility associated with the position;
- the duration of the employment relationship;
- the level of remuneration; and
- the possible subjection of the activity to professional recognition or registration with a regulatory body.
Two professionals with apparently similar functions may therefore fall under different schemes. Holding a bachelor’s degree or an advanced academic degree does not mean, in itself, that the candidate automatically meets the requirements of a specific residence category for highly qualified activity.
Three Legal Frameworks That Must Be Distinguished
One of the most frequent errors consists in using the Single Permit, the Portuguese residence authorization for highly qualified activity, and the EU Blue Card as synonyms. These instruments are not equivalent.
- Single Permit
The Single Permit constitutes a European framework for a coordinated procedure for assessing the right of residence and the right to exercise professional activity, as well as for a common set of rights for legally resident third-country workers.
Directive (EU) 2024/1233 does not, in itself, create a uniform category of residence authorization valid in all Member States. The specific configuration of the procedure, the documentary requirements, the competent authorities, and the form of the permit depend on the applicable national law.
- National Schemes for Highly Qualified Activity
Portugal provides for national categories of visa and residence authorization applicable to the exercise of highly qualified professional activity. Their use depends on the specific circumstances of the candidate, the nature of the job offer, the professional relationship, and the legally established requirements for the procedure in question.
These national schemes should not be confused with the EU Blue Card. Their analysis requires verification of the Portuguese legislation in force and the documentation required in each case.
- EU Blue Card
The EU Blue Card constitutes a specific European scheme for third-country nationals exercising highly qualified employment. In Portugal, it is provided for in Law No. 23/2007, as amended, among other changes, by Law No. 53/2023, which transposed Directive (EU) 2021/1883.
The scheme has its own requirements, particularly regarding applicable qualifications or professional experience, the duration of the employment relationship, and the required remuneration. The EU Blue Card may also provide for specific mechanisms for mobility to another Member State, but these mechanisms are subject to specific requirements, deadlines, and procedures in the destination State.
It does not therefore amount to an unconditional right to reside or work in any Member State of the European Union.
The Choice of Scheme Begins with Analysis of the Job Offer
A significant part of the difficulties encountered in immigration processes stems from insufficient assessment of the job offer before submitting the application.
It is not enough to verify the designation attributed to the position or assume that a particular sector of activity automatically corresponds to a highly qualified profession. The analysis must consider, among other elements, the functions actually performed, the level of responsibility, the qualifications or experience required, the duration of the contract, the proposed remuneration, the nature of the employing entity, and, where applicable, the professional regulation existing in Portugal.
This assessment allows identification of the potentially appropriate scheme and structuring of the documentation in a manner consistent with the applicable requirements. It does not, however, replace assessment by the competent authorities nor eliminate the need for individual verification of the case.
Change of Employer and Professional Mobility
The reform introduced by Directive (EU) 2024/1233 seeks to limit situations of excessive migratory dependence in relation to the initial employer. Under the Directive, Member States must provide for mechanisms that allow the holder of a single permit to change employer, without that change being treated, in principle, as an automatic cause for loss of the permit.
The consequence of a change of employer varies, however, depending on the residence permit, the category of activity, the stage of the procedure, and the applicable national rules. There may be notification obligations, administrative verifications, or other conditions designed to ensure that the requirements of the permit continue to be met.
Before accepting a new job offer or terminating an employment relationship, it is important to confirm the specific applicable scheme and the immigration consequences of the change. An apparently simple employment decision may require additional administrative steps.
Mobility to Another Member State
A residence authorization issued by Portugal does not, in itself, confer the right to exercise professional activity in another Member State.
The Single Permit produces effects in the State that issues it. The EU Blue Card provides for specific mechanisms for intra-European mobility, but these also require compliance with specific requirements and, in many cases, submission of an application or notification to the authorities of the destination State.
International mobility should therefore be considered from the stage of defining the immigration strategy. The permit initially chosen may influence the options available should the professional wish, in the future, to develop activity in another Member State.
Termination of Contract and Unemployment Situations
Loss of employment does not necessarily determine immediate loss of the residence authorization. Under the Single Permit Directive, Member States must provide for minimum periods during which the worker may seek new professional activity before a decision regarding the residence permit is considered.
This protection is neither automatic nor unlimited. Maintenance of the permit depends on the applicable conditions, compliance with notification obligations, and the specifically relevant national rules.
In the case of the EU Blue Card and other permits associated with professional activity, the consequences of employment termination must be analyzed in light of the specific scheme, the duration of residence, the nature of the relationship, and the Portuguese legislation in force.
Residence Authorization Does Not Replace Professional Recognition
Obtaining a residence authorization allows the foreign citizen to reside and exercise professional activity under the legally established terms. It does not, however, replace the academic or professional recognition procedures that may be required for the exercise of certain professions.
In areas such as medicine, nursing, dentistry, engineering and architecture professions, law, and other legally regulated activities, there may be additional requirements imposed by the respective professional associations or competent bodies.
An international mobility project should therefore consider from the outset not only the immigration aspect, but also the need for recognition of qualifications, professional registration, or compliance with other sectoral requirements.
Conclusion
The reform of the Single Permit scheme constitutes a significant step in the evolution of European labor immigration policy. For highly qualified professionals, however, the central issue remains the correct identification of the applicable legal framework.
The Single Permit, the national residence schemes for highly qualified activity, and the EU Blue Card are not equivalent instruments nor automatically interchangeable. Each responds to distinct requirements, purposes, and effects.
The appropriate strategy will depend on the professional’s qualifications, the characteristics of the job offer, the applicable residence permit, and future mobility objectives. The analysis must be carried out in light of the Portuguese legislation actually in force and the European rules relevant to the specific case.
With this article, we conclude the FiO Legal Perspectives series dedicated to the Single Permit, in which we analyzed the main changes introduced by Directive (EU) 2024/1233, its impact on workers and employers in Portugal, and its relationship with the schemes applicable to highly qualified professionals.
This article is purely informative in nature and does not dispense with individualized analysis of the legal, documentary, and factual framework applicable to each situation. Legislation and administrative practice may change.
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