The new European Blue Card (Directive EU 2021/1883) should have been transposed into the national regulations of the EU member states by 18 November 2023 at the latest (see Article 31 of Directive 2021/1883). The Netherlands has not yet transposed the directive into the Netherlands immigration law. The Netherlands is therefore too late. It is not known when the Netherlands will implement the directive (see the status of the implementation of the European Blue Card Directive under no. 24).
What does this mean for foreigners who want to apply for an European Blue Card?
European directives have no direct effect. This is different if a directive has not been transposed into national legislation in a timely manner. Private individuals can then rely on those provisions of the directive if they are unconditional, sufficiently clear and precise.
In the case of some important provisions of the new European Blue Card Directive, this still offers little to foreigners. For example, the salary threshold for the European Blue Card are left to be determined by the national member states. The Netherlands plans to use a lower salary threshold for the European Blue Card than the salary threshold that currently applies to the European Blue Card. But now that the Netherlands has not yet implemented the directive, a foreigner cannot yet rely on it.
The new directive also leaves it to national EU member states to determine that a higher education diploma is no longer a requirement, and that it is sufficient to demonstrate at least five years of professional work experience. The Netherlands also plans to implement this point in its immigration legislation. But now that the directive has not yet been transposed, a foreigner can also not yet rely on this point. And until then the requirement for a higher education diploma still applies.
We will report on this website when the directive has been transposed into immigration law.