With Law 5038/2023[1], the EU Directive 2021/1883/EU of the European Parliament and of the Council of 20 October 2021, was implemented in Greece, concerning the entry and residence conditions required, for third-country nationals and their family members, with the purpose of highly qualified employment. This is widely known as the “EU Blue Card.” «Ηighly qualified employment» is the employment of a person who: (a) in the Member State concerned, is protected as an employee under national employment law or in accordance with national practice, irrespective of the legal relationship, for the purpose of exercising genuine and effective work for, or under the direction of, another person, (b) is paid for that work and (c) has the required higher professional qualifications. The key points of the abovementioned law are as follows:

✔ Residence Permit Requirements

The third – country national, applying for the “EU Blue Card” must meet the following requirements:

– Present a valid work contract or, as provided for in national law, a binding job offer for highly qualified employment for a period of at least 6 months in the Member State concerned.

– For unregulated professions[2], present documents attesting to relevant higher professional qualifications in relation to the work to be carried out, whereas for regulated professions, present documents attesting to the fulfilment of the conditions set out under national law, for the exercise by Union citizens of the regulated profession specified in the work contract or binding job offer, in accordance with national law.

– Present a valid travel document, as determined by national law, and, if required, an application for a visa, a valid visa or, where applicable, a valid residence permit or valid long-stay visa.

– Provide evidence of having or, if provided for by national law, having applied for, sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods when no such insurance coverage or corresponding entitlement to benefits is provided for in connection with, or resulting from, the work contract.

– Not to pose a threat to public policy, public security or public health.

– Provide a residence address in the country, if known, and permanent address no later than the issuance of the “EU Blue Card.”

✔ Submitting an application for “EU Blue Card” Entry

Applications are categorized as follows:

• Third-country nationals who aren’t in Greek territory: The employer applies for a national entry visa, and the third-country citizen applies to the Residence Permits Directorate of the Ministry of Migration upon entry.
• Citizens with uniform entry visas or exemption status: They apply themselves before the expiration of the permitted stay duration.
• Citizens with permanent residence permits: They apply for the blue card.
  
  

✔ Issuance of “EU Blue Card” and Implications

• The card is valid for two years. If the employment contract is less than two years, the card is valid for the contract duration plus three months but not exceeding two years.
• Grants the holder the right to enter, re-enter, and reside in Greece and enjoy recognized rights.
• The cardholder has access to highly qualified employment in Greece.
• The highly – qualified employees may be accompanied by family members, who may be granted residence permits subject to specific conditions and procedures as defined by law.

Maria Aikaterini Papadopoulou
Lawyer
LLM in History and Theory of Law, Law School of Athens, National and Kapodistrian University of Athens
LLM in Civil Law, Law School of Athens, National and Kapodistrian University of Athens
LLM in Commercial Law, Law School of Democritian University of Thrace

[1] Law 5038/2023 (GG A’81/01.04.2024) by the title “Migration Code”

[2] If the applicant already holds a national residence permit for high-skilled employment issued in Greece, they are not required to submit documents related to their professional qualifications and health insurance coverage.