European Union
EU IMMIGRATION

A.For non-EU nationals wishing to work/immigrate in the European Union

- Become a citizen of an EU country
- Become a resident of an EU country
- Marry an EU citizen/resident
- Obtain an "EU Passport"
- Work temporary in any of the member countries

Overview: The European Union (EU) consists of 27 individual countries, which entitles all citizens to live, travel and work in the country of their choice. Citizens can freely travel, work, retire, or just vacate without any problems in any EU country. The European Union provides individuals and families with choices that other individual countries around the world cannot offer. The "Single Market" that was created in 1993 states that people, money, services, and good can move freely within the European Union. Currently over 450 million EU citizens are provided with these options.

Opportunities: The 27 EU countries have different immigration programs in terms of foreign work programs, ways to obtain citizenship, unemployment rates, inheritance of citizenship, and other official immigration programs which allows individuals to live in one or several EU countries. Some immigration programs can end with a citizenship while other programs are time limited and related to work or tourism. The advantage of citizenship in an EU country is that the laws and regulations of the EU is applicable to any country that you decide to live and work in.

EU Citizenship: The Treaty of Maastricht states that

Every person holding the nationality of a Member State of the European Union is, as a result, a citizen of the Union. Citizenship of the Union supplements national citizenship without replacing it. It is made up of a set of fundamental rights and obligations enshrined in the EC Treaty among which it is worth underlining the right not to be discriminated on the basis of the nationality.

This means that an individual who becomes a citizen of any EU country automatically is granted EU citizenship. EU citizenship is not a separate "national" citizenship, but is related to the individual's rights in any of the 27 EU countries. For example, a citizen of Poland has the right to move to Spain and work/retire legally.

Citizenship vs. Residency: There is a fundamental difference between becoming a citizen and a resident of any EU country. Citizenship is normally obtained through birth, marriage, long-term residency and family relations. Only citizens can obtain a passport. A resident with the legal right to live and work in an EU country holds a foreign citizenship and passport. However, different countries have different rules and regulations for how long an individual can be a resident before it is possible to apply for citizenship. A resident that gets married to a citizen can apply for citizenship.

Work Temporary
During 2007 and 2008, the European Union has proposed and begun development of a work permit scheme that would allow citizens from outside of the EU to enter the EU for skilled work. Currently, the possibility of this scheme being approved seems good, but estimates are that it will not be available until at least 2011.
Until the so called Europen Union Blue Card is passed, people from outside of the Euopean Union and the EEA will need to persue more traditional, exisiting immigration routes.

Visitor` s Visa

The Schengen Visa has made traveling between its 15 European member countries much easier and less bureaucratic. Traveling on a Schengen Visa means that the visa holder can travel to any (or all) member countries using one single visa, thus avoiding the hassle and expense of obtaining individual visas for each country. This is particularly beneficial for persons who wish to visit several European countries on the same trip. The Schengen visa is a “visitor visa”. It is issued to citizens of countries who are required to obtain a visa before entering Europe.

The purpose of the visit must be leisure, tourism, or business. Upon the issuance of the visa, the visa holder is allowed to enter all member countries and travel freely throughout the Schengen area. It is strongly recommended to plan your journey within the timeframe of the Schengen Visa as extensions can be very difficult to obtain, thus forcing you to leave to stay in compliance with the Schengen rules and regulations. A Schengen visa allows the holder to travel freely within the Schengen countries for a maximum stay of up to 90 days in a 6 month period.

The following 15 countries are currently active Schengen Visa members:
· Austria
· Germany
· Belgium
· Denmark
· Finland
· France
· Greece
· Iceland
· Italy
· Luxemburg
· Norway
· Portugal
· Spain
· Sweden
· The Netherlands

All Schengen countries are in Europe. However, it should not be confused with the EU (European Union). Schengen and European Union are two different agreements between European countries. A total of 30 countries, including all European Union countries (except Ireland and United Kingdom) and three non-EU members (Iceland, Norway, and Switzerland) have signed the Schengen agreement. However, only 15 countries have implemented the common border control and visa provisions.

Important: The Schengen Visa holders are not allowed to live permanently or work in Europe.

The European Union Blue Card
Europe, like many other developed areas of the world, is experiencing an aging population. By 2050, the working age population is expected to shrink by more than 50 million.
The European Commission has stated that to maintain economic growth, the EU needs to attract top talent from around the world. Unfortunately, migrants wishing to live and work in the EU have to deal with 27 different immigration requirements.
To combat these problems, the European Union is proposing a single work and residence permit for qualified migrants, entitled the "blue card" -- inspired by the United States green card and named after the color of the EU flag.
The European Union blue card would create a "one-stop-shop" for skilled migrants hoping to work in the EU.
The blue card would grant a range of social and economic rights, including family reunification. According to current plans, the blue card would be issued for a renewable period of two years. If renewed, the migrant would have an opportunity to move to another EU state.
The blue card scheme would also allow a worker to gain permanent residence after five years by adding up the time spent in the European Union, not just in one member state.
Eligibility under the European Union blue card is still being hammered out in the European Commission. However, it's expected to require a qualification earned by at least three year's study and/or five year's of relevant work experience. A job offer may also be required.
Employers would be required to show that an EU citizen could not be found to fill the job and guidelines would be put in place to discourage draining too much skilled workers from developing nations.

EU Blue Card FAQ

What is the European Union Blue Card?
The blue card is proposed legislation that would allow skilled migrants to live and work in the European Union. The program is designed to create a more unified immigration structure for the EU in replacement of the 27 different immigration policies in place now.

How long is the blue card issued for?
The EU blue card would be issued for an initial, renewable two years.

Can I work anywhere in the EU?
The blue card would be good for any EU country that opts in, where the migrant has an eligible job contract. For the first two years, the migrant must live and work in this country. If renewed, the migrant can move to any other country if he/she can find work there.

Who is eligible for a blue card?
To be eligible for a blue card, a person would need a university degree with three years of study or five years of professional experience, or a combination of both. Details are still pending. A job offer from an EU employer would also be required under current plans, with a salary at some factor above the base salary of his or her country of residence. The employer offering the job would be required to prove that the job could not be filled by an EU citizen.

Can I bring my family with me?
Yes. A Blue Card holder would be able to apply at once for his or her immediate family to join them in the EU country.

What rights would I have as a blue card holder?
A blue card holder would be able to travel throughout the European Union, be eligible for family reunification, receive tax benefits, social assistance, and payment of pensions. One of the intents of the blue card is to grant the same labor-related rights that EU citizens enjoy.

Can I apply for permanent residence in an EU country if I hold a blue card?
After a proposed period of five years living and working within the EU, you would be able to apply for permanent residence in the EU country you live in.

When will the blue card be implemented?
It's hard to say. All 27 EU-member nations need to sign on to the proposed legislation, which is meeting resistance by some members.

B. For EU nationals wishing to work in other EU countries
If you are a national of an EU member state that was a part of the EU before May 1, 2004 (these are: Luxemburg, Belgium, Ireland, Germany, France, Sweden, Spain, Greece, Portugal, Italy, Sweden, Finland, Denmark, Netherlands, UK, Iceland) you should normally be allowed to live and work in any other of these countries. You will need a valid identity card or passport.
Within the first year of joining, the Eastern European EU member states that joined in 2004 (the Czech Republic, Estonia, Latvia, Lithuania, Slovenia, Slovakia, Poland, Hungary) had unrestricted rights to live and work only in Sweden, the UK and Ireland. The remaining old EU countries kept most or all restrictions in place that prevented new EU member state workers from easily working there. Since this time, many restrictions have been lifted. Under the terms of the EU treaty, all restrictions must be lifted for a new member state no more than seven years after it joins the EU.
There were no restrictions on workers from the other two EU member states (Cyprus and Malta) that joined in 2004.
When Romania and Bulgaria joined on 01 January 2007 (forming the current EU 27), restrictions were kept in place in most countries, including the UK and Ireland, but were eased or unlimited in some others.
EU nationals from old member states wishing to work in new EU member states will have to check with each country regarding their ability to work there. Some new Member States have chosen to impose equivalent restrictions on the nationals of Member States that have themselves imposed restrictions.

Family immigration
Employment

Family Immigration
This guide pertains only to workers from EU countries who have the right to work and live freely in other EU countries.
If you are an EU national moving to another EU country to take up employment or self-employment or to provide a service, you have the right to move to another EU state.
Members of your immediate family, whatever their nationality, have the right to immigrate with you or to join you in your country of employment. With regard to other members of your family, the country where you are working is obliged "to consider favourably" any applications from them to join you.
Members of your family immigrating with you or accompanying you have the right to receive a residence card or document that is valid for the same length of time as yours. If they wish to, your spouse and children also have the right to work without restriction in your country of employment. Your children have an equal right to access education as that country's nationals and the right to benefit from the same education rights.
Members of your family who come from a non-EU country may be asked for an entry visa by the country of employment. This visa is granted easily and should be free of charge.

EU employment
You are entitled to be recruited under the same conditions as nationals of the country in which you are seeking work. You cannot be asked to meet any additional requirements. This means that you can apply for any job vacancy advertised in any EU country, including public sector jobs. However, certain public service posts may be restricted to nationals of a particular country where the job in question involves safeguarding public order or the interests of the state.

Recognition of diplomas
The EU has set up systems for recognising diplomas and training that enable you to make full use of your training and skills in another EU country. The basic principle is that if you are qualified to exercise a profession in your home country, you are qualified to exercise the same profession in any other EU country.
A general system of recognition of qualifications that is applicable to most regulated professions has been put in place across the EU. So, if you wish to work in a profession (as a teacher, lawyer, engineer or psychologist, for example) that is regulated in the country of employment, you must apply for recognition of your qualifications in that country. The authorities have four months in which to reply. If they consider that your training is significantly different in terms of duration or content from that given in the host country, you may be asked to obtain either additional professional experience completing your training, or to take a training course or to take an aptitude test.
If you are a doctor, a general nurse, a dentist, a midwife, a vet, a pharmacist or an architect, your national qualifications are in principle recognised automatically.
If your profession is not regulated in the country in which you wish to work, no recognition of your qualifications is required.

Job seeking
If you are unemployed, you have the right to live in another EU country for a "reasonable period" of time in order to look for a job. In the absence of a definition of "reasonable period", most EU countries are now operating a six-month period, though you are advised to check the exact situation with the national authorities of the EU country in which you are looking for work. However, no matter how long you have to look for a job, you cannot be asked to leave the country if you can prove that you are genuinely looking for a job and that you have a real chance of finding one. For example, you still have interviews or tests to attend.
You can register at employment agencies and centres without being resident in the country in which you wish to work and you will be given the same help to find work as nationals of that country.
If you are drawing unemployment benefit in one member state, you may continue to draw benefit from that same country for up to three months after you move to another member state. This is provided that you have been available to the employment services in the country where you have been drawing unemployment benefit for at least four weeks. The agency paying your unemployment benefit will issue you with Form E303. As a job seeker, you must take this form to the employment services in the country in which you are seeking work. If you do not find work, you must return to the first country within three months, otherwise you will lose your right to unemployment benefit.

Employment rights
As an EU national working in another EU country you have the right to live there. For a stay of over three months, this right is confirmed by the issuing of a residence permit to EU nationals.
You are subject to the same working conditions as nationals of the country you are working in as regards, for example, pay, dismissal, hours of work, maternity leave and health /safety at work. You are also subject to the same conditions as nationals of the host country with regard to the principles of equality between men and women.

Workers posted to another EU country
You have certain specific rights if you are a "posted" worker, (that means, you work for a limited period of time in a member state other than the one where you normally work). If you are to be posted for a period of more than a month, your employer must inform you in writing, before you leave, of your pay and working conditions while you are abroad.
You will usually remain affiliated to the social security system of your country of origin.
As regards taxation of your income, the tax convention concluded between member states of the EU usually means that the salary of a posted worker can be taxed in the country where you normally reside. One of these conditions is that the time spent by you in the member state to which you are posted should not exceed 183 days over a 12 month period. However, you should contact the tax authorities of the member state concerned.

Freedom to provide services
You may choose to offer your services in another EU country without establishing yourself there permanently. If you comply with the rules of the profession or trade that apply in your own country, you can, in principle, offer those services anywhere else in the EU. You can travel to assist clients located in another EU country or you can provide paid services from your country of residence without travelling there.

Social security
The EU wants to ensure that you are part of a social security system and that you do not lose your rights, regardless of the member state you decide to work in.
You are insured for social security purposes in the country you work in. You are entitled to the same social security benefits as nationals of the country in which you work. These rights cover sickness and maternity benefits, disability, old-age and widow's/widower's benefits, benefits payable for accidents at work, occupational illness, death and unemployment, as well as family allowances. You will be required to pay the same level of contributions as host country nationals.
You cannot be excluded from benefits on grounds of nationality, for reasons of residence, or for any other discriminatory reason.

Taxes
By working in another member state and by transferring your residence there, you will become "resident for tax purposes" there. The definition of fiscal residence varies from one member state to another. You must comply with the laws of the country where you have established your residence.
If you are fiscally resident in a country, you must declare all your income ("worldwide" income). You may also be subject to other taxes such as wealth tax or inheritance tax.
Tax agreements have been concluded between the member states of the EU, which are intended to avoid double taxation, if you derive income from different countries.