European Blue card: conditions for provisional employment permit

The conditions under which the employer will be able to obtain this provisional employment permit are listed in article 15/1 of the Royal Decree of 9 June 1999, which states:

The provisional employment permit granted in the context of the acquisition of a European Blue Card will be granted to employers who wish to employ a foreign worker insofar as the following conditions are met:

  • The employer must have concluded a contract with the foreign worker of indefinite duration or with a duration equal to or longer than a year;
  • The foreign worker must receive a gross annual salary equal to or higher than € 51,882.00 for 2017. For 2018 that amount will be increased to €52,978.00 (in 2016 this amounted to € 51,494.00) - this amount is calculated and adjusted each year in accordance with Article 37/1 of the RD of 9 June 1999:
    "The remuneration amount stated in article 15/1, first paragraph, (b), shall be adjusted each year on 1 January to the index of the conventional wages for clerical staff of the third quarter (basic 2010=100) in accordance with the following formula: the new amount is equal to the basic amount multiplied by the new index and divided by the start index (multiplied by the conversion coefficient). The result will be rounded off to the Euro.
    The first paragraph shall have the following meanings:
    1° Index of the conventional wages for clerical staff: the index determined by the Federal Public Department of Employment, Labour and Social Dialogue on the basis of the calculation of the average of the wage of adult employees in the private sector as laid down by collective labour agreement;
    2° Basic amount: the amount in force on 1 January 2013;
    3° New index: the index of the third quarter with 2010=100 as the base in the year preceding the indexation;
    4° Start index: the index of the third quarter of 2012 with 1997=100 as the base;
    5° Conversion coefficient: 0.750638.
  • The employee must demonstrate that he has higher professional qualifications and be in possession of a diploma awarded by an educational institute recognised as a higher education institution by the State where the institute is located."

For the application of the foregoing paragraph, diplomas of higher education shall be taken to mean: all diplomas, certificates or other evidence of formal qualifications awarded by an authority demonstrating the successful completion of a post-secondary programme of higher studies - this means a package of lessons provided by an educational institute recognised as higher education institution by the State where the institute is located, on condition that the studies necessary for obtaining them have lasted at least three years.

Employees of foreign nationality

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