However, certain categories of highly skilled persons from third countries are excluded from the benefit of the provisional occupation permit and the EU Blue Card.
Notably, this concerns:
- persons who fall within the scope of 96/71/EC Directive of the European Parliament and of the Council dated 16 December 1996 concerning the posting of workers carried out in the framework of the provision of services, as long as they are posted within the Kingdom (referred to as “posted workers“);
- persons who have long-term resident status in accordance with 2003/109/EC Directive and who have exercised their right to reside in the Kingdom to carry out an economic activity as an employed or self-employed person;
- persons who have been authorised or admitted to stay in the Kingdom as seasonal workers;
- persons who have applied to stay in the Kingdom as a researcher within the meaning of the 2005/71/EC Directive in order to carry out a research project subject to a hosting agreement;
- persons who are authorised to remain in the Kingdom under temporary protection or who have submitted an application on the same grounds and are awaiting a ruling;
- Asylum seekers:
- persons whose expulsion is suspended for reasons of fact or law.
Excluded categories are fully listed in article 61/26, paragraph 2 of the law dated 15 December 1980 related to residence.