EU Blue Card, the entry of highly qualified foreign workers
The EU Blue Card for foreigners, provided for by art. 27 quater of Legislative Decree no. 286 of 25 July 1998 (Consolidated Immigration Act), is specifically designed to accommodate professionals who hold a higher professional qualification or proven experience in specific fields. The legal text refers to “highly qualified foreign workers, who intend to perform paid work on behalf of or under the direction or coordination of another natural or legal person and who alternatively possess.”
Denial of work authorization or issuance of the EU Blue Card
It may happen that the work authorization (nulla osta) is denied, or revoked if already granted. This occurs specifically in cases where the documents submitted are found to have been obtained by fraud, falsified, or forged. Revocation is also provided if the residence contract, signed in the prescribed manner, is not transmitted to the Single Immigration Desk within the established time limits, unless the delay is justified by force majeure.
Work authorization is also denied if the employer, in the previous five years, has been convicted, even if not definitively or by plea bargaining, for crimes related to illegal immigration, exploitation of prostitution or minors, unlawful intermediation and labor exploitation, or for serious crimes indicated in the Immigration Act.
Art. 27 quater of the Immigration Code also provides that the residence permit for EU Blue Card holders may be denied, not renewed, or revoked if obtained fraudulently or through false documents, or if the foreigner no longer meets the entry and residence conditions provided, or uses the permit for purposes other than those authorized.
Specific cases of revocation include the absence of a valid contract for highly qualified employment, the lack of required professional qualifications, or failure to meet the conditions relating to residence.
The lack of sufficient financial means for one’s own support (and, where applicable, that of the family) may also lead to withdrawal of the permit, except for periods of unemployment. In any case, decisions must take into account individual circumstances and comply with the principle of proportionality.
The employer who receives a denial or revocation of the authorization, as well as the foreigner who is notified of the rejection of the visa or residence permit application for EU Blue Card holders, can rely on the support of our International Law Firm. The first step is an in depth assessment of the possible illegitimacy of the decision. If we find abuse of power or violation of the law by the Administrative Authority, we recommend filing an appeal against the denial or revocation of the work authorization or the residence permit for EU Blue Card holders.
Navigating the bureaucratic and legal process for obtaining the EU Blue Card can be complex, given the specificity of the regulations and the need to submit flawless documentation. Boschetti International Law Firm recently assisted an Indian engineer hired by a multinational company at its Italian branch. We supported the employer in the work authorization request, identifying and verifying the required documentation; we then assisted the worker in the visa application process and accompanied him in signing the employment contract at the Single Immigration Desk. Our assistance ended with the issuance of the residence permit, with peace of mind, timeliness, and transparency.
Our team has specialized in immigration law since 2008 and offers tailored legal advice, guiding clients in every administrative procedure involving visa and residence permit applications, with the EU Blue Card residence permit application being one of our many specializations in the field. We can manage the entire procedure, both on the employer’s and the worker’s side, acting as a reliable partner for workers and companies seeking to establish high level professional cooperation.
We provide qualified assistance for the assessment of professional requirements, the verification of the compliance of the job offer, and the management of all bureaucratic procedures. We assist both the professional seeking the EU Blue Card for foreigners and the company aiming to attract talent from outside the EU. We also assist the non EU citizen holding a Blue Card issued by another Member State who enters Italy for long term residence.
In any case, our goal is always the same, to simplify the process and ensure the best possible outcome, also supporting family reunification procedures. Relying on Boschetti Law Firm means moving forward with confidence towards obtaining the Blue Card for immigrants, benefiting from in depth expertise in the field.
