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Universidade Autónoma de Lisboa
e-ISSN: 1647-7251
VOL. 17 Nº.1, TD3
Thematic Dossier – Geopolitics of Anxiety: Ideology,
Identity, and (Un)Bordering in Contemporary Europe and Asia
September 2026
41
RECONFIGURING BORDERS THROUGH HIGH-SKILLED MIGRATION: KOREA
AND EUROPE IN COMPARATIVE PERSPECTIVE
JOONPYO LEE
eagleeagle55@hufs.ac.kr
Joonpyo Lee is a full-time researcher at the Center for Southeast Asian Studies, Hankuk
University of Foreign Studies (Republic of Korea). He received his Ph.D. in Law from Hankuk
University of Foreign Studies in 2012. His major research areas include Southeast Asian regional
governance and migration-related legal systems. https://orcid.org/0009-0003-4664-897X
Abstract
This article examines how high-skilled migration policies reconfigure legal borders by
comparing South Korea’s Top-Tier Visa and the European Union’s EU Blue Card. In response
to population ageing, low fertility, labour shortages, and global competition for talent, both
Korea and the EU have strengthened legal pathways for attracting high-skilled migrants.
However, their institutional designs differ significantly. Korea’s Top-Tier Visa is structured
around state-led selection, national strategic industries, and conditional pathways to
settlement, whereas the EU Blue Card relies on standardized legal criteria, employment
contracts, salary thresholds, professional qualifications, rights-based residence, and intra-EU
mobility. Using legal and policy analysis combined with a comparative legal approach, this
study examines four dimensions: selection criteria, residence stability, labour market access
and mobility, and pathways to long-term settlement. The analysis shows that Korea selectively
admits top-tier talent in advanced sectors such as semiconductors, biotechnology, artificial
intelligence, and batteries, but its system remains strongly conditioned by administrative
verification and industrial policy objectives. By contrast, the EU Blue Card provides a more
rights-based and multi-level framework by linking residence and work authorization with
family reunification, equal treatment, social rights, and mobility across member states. The
article argues that high-skilled migration policy should not be understood as debordering or
simple liberalization. Rather, it represents selective legal openness through which states and
supranational legal orders differentially allocate mobility, residence rights, labour market
access, and settlement opportunities. Contemporary borders are therefore not disappearing
but being reconfigured as normative and institutional boundaries that privilege particular
categories of talent.
Keywords
High-skilled migration, Selective legal openness, Top-Tier Visa, EU Blue Card, Reconfiguration
of borders.
Resumo
Este artigo analisa a forma como as políticas de migração de pessoas altamente qualificadas
reconfiguram as fronteiras legais, comparando o «Visto de Nível Superior» da Coreia do Sul
com o «Cartão Azul da UE» da União Europeia. Em resposta ao envelhecimento da população,
à baixa fertilidade, à escassez de mão-de-obra e à concorrência global por talentos, tanto a
Coreia do Sul como a UE reforçaram as vias legais para atrair migrantes altamente
qualificados. No entanto, os seus modelos institucionais diferem significativamente. O «Visto
de Nível Superior» da Coreia está estruturado em torno de uma seleção liderada pelo Estado,
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 17 Nº. 1, TD 3
Thematic Dossier – Geopolitics of Anxiety: Ideology, Identity, and (Un)Bordering in
Contemporary Europe and Asia
September 2026, pp. 41-62
Reconfiguring Borders Through High-Skilled Migration: Korea and Europe
in Comparative Perspective
Joonpyo Lee
42
de indústrias estratégicas nacionais e de vias condicionais para a fixação, enquanto o «Cartão
Azul da UE» assenta em critérios jurídicos padronizados, contratos de trabalho, limiares
salariais, qualificações profissionais, residência baseada em direitos e mobilidade intra-UE.
Recorrendo a uma análise jurídica e política combinada com uma abordagem jurídica
comparativa, este estudo examina quatro dimensões: critérios de seleção, estabilidade da
residência, acesso ao mercado de trabalho e mobilidade, e vias para a fixação a longo prazo.
A análise revela que a Coreia admite seletivamente talentos de alto nível em setores
avançados, tais como semicondutores, biotecnologia, inteligência artificial e baterias, mas o
seu sistema continua fortemente condicionado pela verificação administrativa e pelos
objetivos da política industrial. Em contrapartida, o Cartão Azul da UE proporciona um quadro
mais baseado em direitos e em vários níveis, ao associar a autorização de residência e de
trabalho ao reagrupamento familiar, à igualdade de tratamento, aos direitos sociais e à
mobilidade entre os Estados-Membros. O artigo defende que a política de migração de pessoas
altamente qualificadas não deve ser entendida como a eliminação das fronteiras ou uma
simples liberalização. Pelo contrário, representa uma abertura jurídica seletiva através da qual
os Estados e as ordens jurídicas supranacionais atribuem de forma diferenciada a mobilidade,
os direitos de residência, o acesso ao mercado de trabalho e as oportunidades de
estabelecimento. As fronteiras contemporâneas não estão, portanto, a desaparecer, mas sim
a ser reconfiguradas como limites normativos e institucionais que privilegiam categorias
específicas de talentos.
Palavras-chave
Migração de pessoas altamente qualificadas, Abertura jurídica seletiva, Visto de Nível
Superior, Cartão Azul da UE, Reconfiguração das fronteiras.
How to cite this article
Lee, Joonpyo (2026). Reconfiguring Borders Through High-Skilled Migration: Korea and Europe in
Comparative Perspective. Janus.net, e-journal of international relations. Thematic Dossier –
Geopolitics of Anxiety: Ideology, Identity, and (Un)Bordering in Contemporary Europe and Asia,
VOL. 17 Nº. 1, TD3, September 2026, pp. 41-62. DOI https://doi.org/10.26619/1647-
7251.DT0626.3
Article submitted on March 30, 2026 and accepted on May 10, 2026.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 17 Nº. 1, TD 3
Thematic Dossier – Geopolitics of Anxiety: Ideology, Identity, and (Un)Bordering in
Contemporary Europe and Asia
September 2026, pp. 41-62
Reconfiguring Borders Through High-Skilled Migration: Korea and Europe
in Comparative Perspective
Joonpyo Lee
43
RECONFIGURING BORDERS THROUGH HIGH-SKILLED
MIGRATION: KOREA AND EUROPE IN COMPARATIVE
PERSPECTIVE
1
JOONPYO LEE
Introduction
As labour shortages caused by low fertility, population ageing, and the upgrading of
industrial structures have emerged as structural challenges, many countries have come
to regard the attraction of high-skilled talent as a central task for maintaining national
competitiveness. As the transition toward a knowledge-based economy accelerates, high-
skilled migrants are no longer viewed merely as a supplementary labour force but as
strategic resources that shape innovation capacity and technological competitiveness. In
response, states have increasingly refined their visa systems, residence statuses, and
settlement-support policies to compete in the global “talent competition” (INSEAD &
Portulans Institute, 2025, p. 10).
As Shachar (2006) argues, contemporary states compete to attract the “best and
brightest” by using legal statuses such as residence rights, settlement rights, and
citizenship as incentives. In this sense, high-skilled migration policy should not be
understood simply as a mechanism for admitting foreign workers or managing population
mobility. Rather, it constitutes a legal and institutional device through which states
selectively identify, attract, and incorporate categories of foreign nationals. Whereas
traditional foreign labour policies focused primarily on the functional management of
labour shortages in industrial sectors, contemporary high-skilled migration policies are
increasingly linked to advanced industrial competitiveness, innovation capacity, and
national growth strategies.
This shift is evident in both Korea and the European Union (EU). Korea has introduced
the Top-Tier Visa as a policy response to population ageing, low fertility, and labour
shortages in advanced industries, thereby institutionalizing the entry and settlement of
high-skilled foreign talent. The EU, for its part, has revised the EU Blue Card system in
order to strengthen a regional framework for the mobility of high-skilled third-country
nationals. Although both systems represent strategic migration policies designed to
respond to global talent competition, they differ significantly in their legal criteria for
1
This work was supported by the Ministry of Education of the Republic of Korea and the National Research
Foundation of Korea (NRF-2024S1A5C2A02046352).
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 17 Nº. 1, TD 3
Thematic Dossier – Geopolitics of Anxiety: Ideology, Identity, and (Un)Bordering in
Contemporary Europe and Asia
September 2026, pp. 41-62
Reconfiguring Borders Through High-Skilled Migration: Korea and Europe
in Comparative Perspective
Joonpyo Lee
44
selecting high-skilled migrants, the ways in which they provide residence stability and
labour market mobility, and the institutional pathways through which long-term
settlement is enabled. These differences reveal distinct modes of the “selective
reconfiguration of borders” in the field of high-skilled migration.
Despite the growing importance of this issue, existing scholarship has tended to focus
mainly on labour market demand, economic effects, and demographic policy. Relatively
little comparative legal analysis has examined how high-skilled migration policies allocate
differentiated rights of mobility and residence to selected migrants through specific legal
criteria and institutional structures. This gap is particularly notable in the Korean case.
Although Korea’s high-skilled migration policy has recently undergone rapid
institutionalization, its legal structure and settlement orientation have not yet been
sufficiently examined in comparison with the EU Blue Card.
Against this background, this study compares the legal frameworks governing high-
skilled migration in Korea and the EU, focusing on Korea’s Top-Tier Visa and the EU Blue
Card. More specifically, it examines how the selection criteria, residence stability, labour
market access and mobility, and pathways to long-term settlement for high-skilled
migrants are institutionalized in each system. The study addresses the following research
questions. First, what legal criteria do Korea and the EU use to select high-skilled
migrants? Second, how do the two systems guarantee residence stability and labour
market mobility? Third, how are institutional pathways to long-term settlement
structured? Fourth, how do these legal frameworks institutionalize high-skilled migration,
and how are they related to the selective reconfiguration of borders?
Methodologically, this study combines legal and policy analysis with a comparative legal
approach, drawing on relevant statutes, policy documents, and government materials
from Korea and the EU. By doing so, it analyses high-skilled migration policy not merely
as an instrument for attracting talent, but as an institutional mechanism through which
states and supranational legal orders differentially allocate mobility, residence rights,
labour market access, and settlement opportunities. The remainder of the article is
organized as follows. Section 2 presents the legal characteristics of high-skilled migration
policy and the analytical framework of the study. Section 3 examines Korea’s Top-Tier
Visa system. Section 4 analyses the legal structure of the EU Blue Card. Section 5
compares the two systems and draws out the institutional, theoretical, and policy
implications of high-skilled migration policy.
Analytical Framework
The Legal Nature of High-Skilled Migration Policy
High-skilled migration policy should be understood not merely as a mechanism for
managing population mobility or admitting foreign workers, but as a legal and
institutional device through which states selectively admit particular categories of foreign
nationals. Traditionally, migration policy developed around the regulation of labour
supply and demand and the control of national borders. More recently, however, it has
been reoriented toward attracting specific forms of talent on the basis of economic value,
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 17 Nº. 1, TD 3
Thematic Dossier – Geopolitics of Anxiety: Ideology, Identity, and (Un)Bordering in
Contemporary Europe and Asia
September 2026, pp. 41-62
Reconfiguring Borders Through High-Skilled Migration: Korea and Europe
in Comparative Perspective
Joonpyo Lee
45
technical capacity, and innovation potential. This shift is closely related to the view that
international migration is structured not only by market forces but also by state policy
choices and institutional frameworks (de Haas, 2011, p. 2).
The modern state has increasingly been reconfigured as a “migration state” that seeks
to balance economic openness with political control (Hollifield, 2004, p. 885). High-skilled
migration policy illustrates this tension particularly clearly. States need external talent to
sustain economic growth and industrial competitiveness, yet they must also manage and
control migration. Accordingly, high-skilled migration policy does not constitute a form
of unrestricted openness. Rather, it creates a selective management structure in which
openness and control are combined.
In this process, states classify certain foreign nationals as “high-skilled talent” by
applying criteria such as educational qualifications, professional experience, income level,
employment contracts, and technological fields, and grant them more stable residence
statuses and rights. This structure goes beyond administrative classification. It functions
as a legal framework that differentially allocates mobility, residence stability, labour
market access, and settlement opportunities. Such a selective structure is also related to
Shachar’s (2006) notion of a “talent-for-citizenship exchange,” in which states
strategically offer legal statuses such as residence rights, permanent residence, and
citizenship in order to secure the knowledge, skills, and economic contributions of high-
skilled talent.
Therefore, high-skilled migration policy should not be understood through a binary
distinction between opening and restricting migration. Rather, it should be analysed as a
selective legal framework through which states differentially distribute mobility and rights
in accordance with their policy objectives and economic needs.
Key Dimensions of Comparative Analysis
From this perspective, this study identifies four analytical dimensions for comparing high-
skilled migration policies in Korea and the EU. This framework builds on existing
scholarship that understands high-skilled migration policy not simply as a system of entry
authorization, but as a legal structure through which states select particular forms of
talent and differentially allocate residence status and rights (Shachar, 2006; Hollifield,
2004). It is also connected to the policy perspective of the Global Talent Competitiveness
Index 2025, which emphasizes the importance of states’ capacity to attract and retain
talent in the context of global talent competition (INSEAD & Portulans Institute, 2025).
The first dimension is selection criteria. This refers to the legal requirements through
which states define and select high-skilled migrants. Educational qualifications,
professional experience, income level, employment contracts, and links to strategic
industries function as key criteria for privileging or excluding particular migrants.
The second dimension is residence stability. This concerns the extent to which high-
skilled migrants can reside securely in the receiving state or region. The length of
residence, conditions for maintaining residence status, possibilities for renewal, and
pathways to long-term residence are central indicators for assessing whether a high-
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 17 Nº. 1, TD 3
Thematic Dossier – Geopolitics of Anxiety: Ideology, Identity, and (Un)Bordering in
Contemporary Europe and Asia
September 2026, pp. 41-62
Reconfiguring Borders Through High-Skilled Migration: Korea and Europe
in Comparative Perspective
Joonpyo Lee
46
skilled migration policy is oriented merely toward short-term labour recruitment or
toward longer-term settlement.
The third dimension is labour market access and mobility. This refers to whether high-
skilled migrants are tied to a specific employment relationship or are able to move
relatively freely within the labour market. Occupational restrictions, the possibility of
changing employers, inter-sectoral mobility, and regional mobility directly affect both the
utilization of migrants’ skills and the stability of their residence.
The fourth dimension is pathways to settlement. This refers to the institutional
possibilities through which high-skilled migrants may be incorporated into the receiving
society over the long term. These include access to permanent residence, long-term
resident status, family accompaniment, labour market access for family members, and
links to social rights.
These four dimensions are analytically distinct but closely interconnected. Selection
criteria determine the conditions of entry; residence stability defines the continuity of
legal status after admission; labour market mobility shapes the scope and autonomy of
economic activity; and pathways to settlement affect the long-term social incorporation
of high-skilled migrants. This study uses these four dimensions to compare how the high-
skilled migration regimes of Korea and the EU institutionalize selective openness and the
reconfiguration of borders.
Selective Openness and the Reconfiguration of Legal Borders
The analytical framework outlined above allows high-skilled migration policy to be
understood through the lens of “selective openness.” High-skilled migration policy does
not operate by fully opening or closing borders. Rather, it differentially grants mobility,
residence, labour market access, and settlement opportunities to migrants who meet
specific criteria. In this sense, high-skilled migration policy can be seen as a process of
legal selection through which states determine which migrants are to be admitted and
which are to be excluded (Shachar, 2006, p. 148).
Within this structure, borders are no longer limited to territorial boundaries. They are
reconfigured as normative boundaries that differentially distribute mobility and rights
through legal requirements and institutional criteria (Mezzadra & Neilson, 2013, p. 3).
High-skilled migration policy should therefore be understood not as a process of
debordering, but as a process through which states readjust the operation of borders in
accordance with economic needs and legal criteria.
High-Skilled Migration Policy in Korea
Policy Background
Korea’s foreign labour policy has long developed around a functional system for admitting
foreign workers to compensate for labour shortages in industrial sectors. In
manufacturing, construction, agriculture, livestock, and fisheries, the policy focus has
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VOL. 17 Nº. 1, TD 3
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September 2026, pp. 41-62
Reconfiguring Borders Through High-Skilled Migration: Korea and Europe
in Comparative Perspective
Joonpyo Lee
47
been on admitting and managing low- or medium-skilled foreign workers for limited
periods in order to meet sectoral labour demand. In this process, migration policy was
designed primarily from the perspective of labour market supplementation and residence
control. Such a structure tended to treat foreign workers as temporary labour resources
for addressing shortages in specific industries, rather than as long-term members of
society.
However, recent demographic and industrial changes have exposed the limitations of this
conventional approach. The deepening of low fertility and population ageing, the decline
of the working-age population, and the restructuring of the economy around advanced
industries have all increased the need to reconsider Korea’s migration policy. In
particular, as the securing of high-level technical personnel in strategic sectors such as
semiconductors, biotechnology, artificial intelligence, and batteries has become directly
linked to national competitiveness, Korea’s immigration policy has increasingly been
expected to move beyond simple labour supplementation and toward the attraction and
settlement of high-skilled talent. This indicates that immigration policy is no longer a
peripheral component of labour policy, but has become a strategic policy domain closely
connected to industrial policy, demographic policy, and innovation policy.
This policy direction is more clearly reflected in the government’s 2030 Future Strategy
for Immigration Policy. The strategy identifies the attraction of outstanding foreign talent
and support for their settlement in Korea as key policy tasks, moving away from the
previous emphasis on low-skilled and low-wage foreign labour. In particular, it seeks to
establish an institutional basis for attracting high-level talent in advanced industries and
enabling such migrants to reside and settle stably in Korean society. In this respect, the
strategy can be understood as a policy document that reflects a medium- to long-term
transformation in Korea’s immigration policy (Ministry of Justice, 2026, p. 1).
Nevertheless, the actual structure of Korea’s foreign labour force remains heavily centred
on non-professional and functional workers. As of December 2025, the number of
professional foreign workers staying in Korea under the E-1 to E-7 categories was
107,634, whereas the number of non-professional workers under the E-8, E-9, E-10, and
H-2 categories reached 486,413, more than four times higher (Korea Immigration
Service, 2026). This shows that, despite the government’s policy emphasis on attracting
high-skilled talent, Korea’s foreign labour structure still relies heavily on a functional
labour admission system designed to supplement labour shortages in industrial sectors.
Accordingly, Korea’s high-skilled migration policy may be understood as transitional in
character: it remains rooted in the existing foreign labour management system, while
gradually introducing limited settlement-oriented elements.
Legal Basis and Selection Criteria of the Top-Tier Visa
The most notable instrument in Korea’s policy for attracting high-skilled foreign talent is
the Top-Tier Visa. In terms of its legal basis, the Top-Tier Visa is institutionalized as a
subcategory of the Residence (F-2) status under Item 24 of Table 1-2 of the Enforcement
Decree of the Immigration Act. More specifically, Ministry of Justice Notice No. 2025-86,
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Thematic Dossier – Geopolitics of Anxiety: Ideology, Identity, and (Un)Bordering in
Contemporary Europe and Asia
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Reconfiguring Borders Through High-Skilled Migration: Korea and Europe
in Comparative Perspective
Joonpyo Lee
48
titled Notice on the Qualification Criteria and Eligible Persons for Top-Tier Talent in
Advanced Fields among Persons Falling under Item 24(j) of Table 1-2 of the Enforcement
Decree of the Immigration Act, sets out the qualification criteria and categories of eligible
persons for top-tier talent in advanced fields. Therefore, the Top-Tier Visa should not be
regarded merely as a policy slogan or administrative programme. Rather, it constitutes
a legal and administrative residence pathway specified through the Residence (F-2)
status under the Enforcement Decree and further detailed by the Ministry of Justice
Notice.
The Notice defines “advanced fields” as areas in which innovative technologies or
research are carried out in industry, venture business, start-ups, and research sectors
for the purpose of strengthening national competitiveness. These fields are to be
determined by the Minister of Justice in consultation with the heads of relevant central
administrative agencies. The Notice also defines “top-tier talent” as high-level personnel
at the level of chief engineer or mid-career researcher or above who plan projects and
lead research or technological development in advanced fields (Ministry of Justice Notice
No. 2025-86, Article 2). This definition shows that the Top-Tier Visa is not a general
scheme for all professional workers, but a selective programme targeting top-level talent
capable of leading technological development and research in advanced fields.
The core of the Top-Tier Visa lies in its strict qualification requirements. Under Article 3
of Ministry of Justice Notice No. 2025-86, applicants must have obtained a master’s or
doctoral degree from a world-class university and must possess a certain period of
relevant experience in advanced fields at a global top 500 company, a government-led
research institute, or a comparable institution. They must also have an annual income of
at least three times the per capita Gross National Income (GNI) of the previous or
preceding year. In addition, applicants must satisfy requirements related to the Social
Integration Programme or the Test of Proficiency in Korean (TOPIK), and must undergo
verification and recommendation by relevant central administrative agencies (Ministry of
Justice Notice No. 2025-86, Article 3).
These requirements constitute a complex selection structure combining educational
qualifications, professional experience, income level, Korean language or social
integration capacity, and administrative verification. In particular, by using criteria such
as graduation from a world-class university, experience at a global top 500 company,
and high income, the Top-Tier Visa distinguishes high-skilled talent from the broader
category of foreign workers. In this respect, it functions as a legal and administrative
device for selecting individuals who are likely to contribute to national strategic
industries.
The Notice also provides certain exceptional pathways. Article 4 of Ministry of Justice
Notice No. 2025-86 allows not only those who satisfy all the criteria under Article 3, but
also certain other persons to be included among eligible applicants. These include
individuals who do not fully meet some of the educational or experience requirements
but have an income of at least four times the per capita GNI of the previous or preceding
year; individuals who have worked for at least one year in an advanced field at a domestic
company and meet the relevant income requirements; and individuals whom the Minister
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VOL. 17 Nº. 1, TD 3
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Reconfiguring Borders Through High-Skilled Migration: Korea and Europe
in Comparative Perspective
Joonpyo Lee
49
of Justice recognizes as possessing outstanding knowledge and technology necessary for
strengthening competitiveness in advanced fields (Ministry of Justice Notice No. 2025-
86, Article 4). This indicates that the Top-Tier Visa is based on strict formal requirements
while also incorporating a degree of discretionary recognition to reflect the specific
characteristics of advanced industries and the flexible evaluation of talent.
Overall, the selection structure of the Top-Tier Visa is organized around relevance to
national strategic industries, world-class educational and professional credentials, high
income, and government verification, rather than around a broad notion of professional
expertise. The system therefore shows how Korea adjusts the openness of its borders by
selectively admitting top-level talent deemed necessary for national industrial policy,
rather than by broadly incorporating high-skilled migrants as a general category of
professional workers.
Residence Stability, Labour Market Access, and Settlement Pathways
The Top-Tier Visa includes settlement-oriented elements that distinguish it from
conventional short-term employment-based residence statuses. Talent selected through
this scheme may be incorporated into a subcategory of the Residence (F-2) status, which
enables them to obtain relatively stable residence and broader opportunities for economic
activity compared with existing employment visas. This indicates that Korea’s policy for
attracting high-skilled talent is moving beyond simple employment authorization and
toward a framework that takes long-term residence and settlement into consideration.
In terms of residence stability, the Top-Tier Visa provides a more stable structure than
existing employment-based statuses such as the E-7 visa. The E-7 status is generally
premised on a specific occupation and employment relationship, and the maintenance of
residence status is closely tied to continued employment. By contrast, the Top-Tier Visa
is based on the Residence (F-2) status, thereby providing high-skilled talent with a more
stable residence status. This structure is significant because it creates an institutional
basis for high-skilled migrants to reside and work in Korea over the long term, rather
than being used merely as short-term labour resources.
The Top-Tier Visa also offers broader possibilities for labour market access than
conventional employment visas. Existing professional residence statuses are often linked
to specific employment contracts, occupations, and workplaces, which may restrict the
labour market mobility of foreign professionals. By contrast, the F-2-based Top-Tier Visa
allows relatively broad economic activity, thereby expanding the scope of career choice
and occupational mobility for high-skilled migrants. This can be regarded as an
institutional advantage that enables high-skilled migrants to utilize their skills and
expertise more flexibly.
With regard to settlement pathways, the Top-Tier Visa includes elements designed to
support long-term settlement, such as family accompaniment, housing and education
support, and the possibility of obtaining permanent residence after a certain period of
stay (Ministry of Justice, 2025, p. 1). This represents an important shift in that high-
skilled migration is no longer understood only as individual employment mobility, but
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VOL. 17 Nº. 1, TD 3
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Contemporary Europe and Asia
September 2026, pp. 41-62
Reconfiguring Borders Through High-Skilled Migration: Korea and Europe
in Comparative Perspective
Joonpyo Lee
50
also as involving family-based living conditions and the possibility of long-term social
incorporation. In the competition to attract high-skilled talent, residence stability, family
accompaniment, children’s education, and the prospect of long-term settlement can all
function as important factors influencing migrants’ decisions.
Nevertheless, this settlement orientation remains limited. Although the Top-Tier Visa
provides high-skilled migrants with more stable residence and the possibility of
settlement, its scope is restricted by strict legal and administrative requirements,
including advanced-field eligibility, world-class educational and professional credentials,
high income, and verification and recommendation by relevant government ministries.
Therefore, while the scheme represents an important step toward introducing settlement-
oriented elements into Korea’s immigration policy, its openness is strongly conditioned
by national strategic needs and administrative selection criteria.
Relationship with Existing Visa Categories
The Top-Tier Visa was introduced not as a replacement for the existing residence status
system for professional workers, but as a supplementary pathway within that system. In
Korea’s regime for high-skilled or professional foreign workers, the most representative
residence statuses are the E-7 visa for designated activities and the D-10 visa for job
seeking. These statuses have allowed foreign professionals to enter the labour market
and engage in employment in Korea, but they have also revealed certain limitations in
terms of residence stability, labour market mobility, and long-term settlement.
The E-7 visa is the representative employment-based residence status that allows foreign
nationals to work in specific professional fields. In particular, the E-7 visa has an industrial
policy character in that occupations are designated by Ministry of Justice notices in
response to sectoral demand in areas such as information technology, biotechnology,
and semiconductors, and these occupational categories may be expanded or adjusted as
needed (Lee, 2025, p. 80). The visa has served as a major channel for attracting high-
skilled workers by allowing qualified foreign nationals to engage in professional activities
at companies or institutions in Korea. However, the E-7 visa is generally premised on a
specific occupation and employment relationship, and the maintenance of residence
status is closely connected to employment status. As a result, the labour market mobility
of foreign professionals may be relatively limited, and their dependence on a particular
employer or job may be high.
Another important limitation is that the E-7 category includes both high-skilled
professionals and skilled functional workers. In practice, the E-7 status is divided into
professional workers (E-7-1), semi-professional workers (E-7-2), general skilled workers
(E-7-3), and skilled functional workers (E-7-4). As of March 2025, skilled functional
workers under the E-7-4 category accounted for 49.7 per cent of all E-7 visa holders
(Lee, 2025, pp. 81–82). In particular, the E-7-4 scheme is designed to allow foreign
nationals already residing in Korea under the E-9, E-10, or H-2 categories to convert to
the E-7-4 status if they satisfy certain skill and employment-duration requirements. This
is meaningful in terms of securing skilled workers for industrial sites, but it differs in
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character from the attraction of globally competitive high-skilled talent in advanced
industries. Therefore, when the attraction of high-skilled talent and the conversion of
skilled functional workers coexist within the same broad professional worker category,
the clarity of policy objectives may be weakened (Ministry of Justice, 2023; Jin, 2024).
The D-10 visa is a job-seeking residence status that allows foreign students or
professionals to search for employment opportunities in Korea. This status functions as
a supplementary mechanism for expanding the inflow and settlement potential of high-
skilled talent by allowing individuals to stay in Korea for a certain period before securing
employment. However, because the D-10 visa is a residence status for the job-seeking
stage, it cannot itself be regarded as a system that guarantees stable long-term residence
or settlement.
Foreign students are also important as a potential source of high-skilled talent. After
completing their studies at Korean universities under the D-2 residence status, foreign
students may convert to a D-10 job-seeking visa or an E-7 professional employment visa.
In practice, however, the transition process may be constrained by requirements such as
the alignment between academic major and job duties, income thresholds, and
employment contracts. This suggests that Korea’s international student policy has not
yet been organically linked to its high-skilled immigration policy (Park, 2023; Korean
Educational Development Institute, 2023).
Compared with these existing categories, the Top-Tier Visa has a different legal
character. Whereas the E-7 and D-10 visas each focus on a specific stage—employment
or job seeking—the Top-Tier Visa, as a subcategory of the Residence (F-2) status,
considers long-term residence and settlement from the stage of selection. In other words,
the Top-Tier Visa is not merely an employment authorization status. Rather, it is a
scheme designed to expand the possibility of long-term settlement by granting a more
stable residence status to top-tier talent in advanced fields.
At the same time, the Top-Tier Visa should be understood not as a comprehensive
restructuring of the entire residence status system for professional workers, but as an
additional preferential pathway for top-level talent built on the existing system. Korea’s
current regime operates through multiple categories, including E-7, D-8-4, and F-2, but
automatic and sequential linkages to long-term settlement have not yet been sufficiently
institutionalized (Lee, 2025, pp. 85–86). In particular, because the legal basis of the Top-
Tier Visa is found in the F-2 residence status under the Enforcement Decree and is further
specified by a Ministry of Justice notice, it is more appropriately understood as a special
residence pathway combining subordinate legislation and policy-based selection criteria,
rather than as a comprehensive high-skilled immigration system established at the
statutory level.
Legal Assessment: Selective Openness under State-Led Control
Korea’s policy for attracting high-skilled talent represents an important institutional
development in that it provides a selectively open residence pathway for high-skilled
foreign nationals. In particular, the Top-Tier Visa has legal significance because it
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establishes a separate set of criteria for top-tier talent in advanced fields within the
Residence (F-2) status under Table 1-2 of the Enforcement Decree of the Immigration
Act, and specifies the qualification criteria and eligible persons through Ministry of Justice
Notice No. 2025-86.
Nevertheless, Korea’s high-skilled migration regime remains grounded in state-led
selectivity and conditional control. First, its selection structure is strongly oriented toward
industrial policy. The advanced fields covered by the Top-Tier Visa are determined by the
Minister of Justice in consultation with the heads of relevant central administrative
agencies. This shows that the scope of high-skilled talent is defined less by a broad
concept of professional expertise than by national industrial policy needs and
administrative judgment.
Second, residence stability has improved, but it remains conditional. The Top-Tier Visa
expands the possibility of long-term residence and settlement through the F-2 residence
status. However, access to this status is limited to those who satisfy strict criteria
concerning education, professional experience, income, Korean language ability or social
integration, and verification and recommendation by relevant central administrative
agencies. Thus, the Korean system does not guarantee settlement as a general right for
high-skilled migrants; rather, it constructs settlement as a special status granted to
individuals who meet specific conditions.
Third, labour market mobility has been partially expanded, but remains limited at the
level of the broader system. The Top-Tier Visa provides broader opportunities for
economic activity than the existing E-7 status because it is based on the F-2 residence
status. However, Korea’s professional residence status system as a whole remains closely
linked to specific employment relationships, occupations, and industrial sectors.
Accordingly, the expansion of labour market mobility is only partially realized within the
limited pathway of the Top-Tier Visa.
Fourth, pathways to settlement have been introduced, but they remain selective and
limited. The Top-Tier Visa includes institutional elements for long-term settlement by
presenting the possibility of obtaining permanent residence after a certain period of stay.
However, this pathway is primarily available to a limited group of top-tier talent in
advanced fields. It is therefore difficult to conclude that Korea has developed a
generalized settlement-oriented system across its broader high-skilled immigration
policy.
In sum, Korea’s high-skilled migration policy is moving away from the previous model of
low-skilled and temporary foreign labour management toward a system that takes the
attraction and settlement of high-level talent into account. However, its legal structure
is not yet a general settlement-oriented immigration regime. It is better understood as
a special pathway selectively open to top-level talent needed for national strategic
industries. Korea’s high-skilled migration regime therefore expands selective openness,
but remains grounded in state-led selection and conditional control.
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High-Skilled Migration Policy in the European Union
Policy Background
The European Union (EU) has recently faced the dual challenge of demographic change
and labour market imbalance. Labour shortages have continued to emerge across a wide
range of sectors, including tourism, healthcare, and information and communication
technology (ICT), directly affecting economic growth and industrial competitiveness. In
this context, legal migration has increasingly been regarded as an important policy
instrument for addressing labour market needs in the EU, while the attraction of high-
skilled talent has become a key strategy for maintaining technological competitiveness
and innovation capacity (European Commission, 2022, p. 1).
Demographic change is a particularly important background factor behind the
strengthening of the EU’s high-skilled migration policy. The EU faces the long-term
structural problem of a declining working-age population. The share of the working-age
population, which stood at approximately 65 per cent in 2019, is projected to fall to
around 55 per cent by 2070 (European Commission, 2022, p. 1). Since this problem
stems not from cyclical labour shortages but from long-term demographic
transformation, the EU has sought more proactive policy responses, including the
attraction of talent from outside the Union. The OECD has likewise emphasized that
population ageing and shortages of skilled labour have increased the importance of
migration policy, and that high-skilled migration is being used as a major policy
instrument for addressing labour market demand (OECD, 2025, p. 6).
The EU Blue Card system is the EU’s representative legal framework for high-skilled
migration, established to facilitate the entry and residence of high-skilled third-country
nationals. It is not merely an entry permit. Rather, it functions as a residence and work
permit that allows qualified third-country nationals both to reside and to work in an EU
member state (Directive (EU) 2021/1883, Art. 2(3); Art. 9(7)). In particular, Directive
(EU) 2021/1883, revised in 2021, sought to make the EU a more attractive destination
for high-skilled talent by introducing more flexible admission criteria, faster procedures,
expanded rights, and strengthened mobility between member states.
In legal terms, the EU Blue Card is based on an EU Directive. A Directive is binding on
member states as to the result to be achieved, while leaving to national authorities the
choice of form and methods of implementation (TFEU, Art. 288(3)). Accordingly, although
the EU Blue Card establishes common legal standards at the EU level, its actual
application depends on implementation through the domestic laws of each member state.
In this respect, the EU Blue Card should be understood not as a fully unified single
immigration regime, but as a multi-level legal framework combining EU-level common
standards with national implementation structures. Directive (EU) 2021/1883 also
recognizes that member states may maintain separate national residence permits for
high-skilled migrants in addition to the EU Blue Card (Directive (EU) 2021/1883, Art.
3(3)). The EU Blue Card thus has a dual character: it is an EU-level common legal
framework, while at the same time operating through member-state implementation and
coexistence with national schemes.
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Legal Basis and Selection Criteria under Directive (EU) 2021/1883
The selection structure of the EU Blue Card is organized around an employment contract,
a salary threshold, and higher education qualifications or equivalent professional
experience. This shows that the EU does not select high-skilled talent on the basis of
abstract capacity alone, but institutionalizes high-skilled migration in connection with
actual labour market demand.
The first core requirement is an employment contract or a binding job offer. Applicants
must present a contract or binding offer of highly qualified employment for at least six
months, on the basis of which residence status is granted (Directive (EU) 2021/1883,
Art. 5(1)(a)). The EU Blue Card is therefore not a general job-seeking visa or points-
based immigration scheme, but an employment-oriented high-skilled migration system
based on an actual or prospective employment relationship. This structure reflects the
EU’s policy orientation toward managing the admission of high-skilled talent in connection
with labour market demand.
The second requirement is a salary threshold. The EU Blue Card requires applicants to
meet a minimum salary level set by the member state, which must correspond to a
specified multiple of the average annual salary (Directive (EU) 2021/1883, Art. 5(3)–
(5)). This salary requirement functions as an institutional mechanism for verifying
whether the employment concerned requires a high level of expertise and skill. In this
sense, the EU Blue Card uses salary level as an indirect indicator of skill level and
potential economic contribution within the labour market.
The third requirement is higher education qualifications or equivalent professional
experience. The Directive allows not only higher education qualifications but also a certain
period of professional experience to be recognized as “higher professional skills”
(Directive (EU) 2021/1883, Art. 2(7)–(9); Art. 5(1)(b)–(c)). In particular, in the ICT
sector, professional experience may be recognized as equivalent to educational
qualifications, thereby increasing flexibility in response to labour market demand and
technological change. This indicates that the EU Blue Card is not limited to an education-
based model, but is designed to reflect both actual labour market demand and
professional competence.
This selection structure differs significantly from Korea’s Top-Tier Visa. Whereas the
Korean system focuses on national strategic industries and the selection of top-level
talent, the EU Blue Card links high-skilled employment and labour market demand
through employment contracts, salary levels, and professional qualifications. The
selection criteria of the EU Blue Card are therefore based less on the administrative
designation of specific industries than on relatively objective legal requirements for high-
skilled employment.
Residence Stability, Labour Market Access, and Settlement Support
A key feature of the EU Blue Card is that it provides high-skilled talent with a certain
degree of legal rights and residence stability beyond mere employment authorization.
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The Directive generally provides for a minimum period of residence of at least 24 months
and grants EU Blue Card holders the right to reside and work legally in the member state
concerned (Directive (EU) 2021/1883, Art. 9(2), Art. 9(7)). This is linked to the EU’s
broader policy objective of expanding legal migration pathways and providing high-skilled
migrants with a more predictable residence environment.
Labour market mobility is also a central element of the EU Blue Card. The Directive allows
changes of employer and labour market movement under certain conditions, and
provides for a more relaxed regime of labour mobility after a certain period (Directive
(EU) 2021/1883, Art. 15(1)–(4)). This mechanism is intended to enable the expertise
and skills of high-skilled migrants to be used more flexibly. However, labour market
access under the EU Blue Card is not entirely unrestricted. It remains subject to the
institutional scope of highly qualified employment and to the specific implementation
practices of individual member states.
Family accompaniment is another important feature. The Directive provides for more
flexible family reunification and supports the swift entry and residence of family members
of high-skilled migrants (Directive (EU) 2021/1883, Art. 17). The accompaniment and
rights of family members are important conditions for enabling high-skilled migrants to
remain and settle over the long term. This suggests that the EU approaches the attraction
of high-skilled talent not merely as a matter of short-term labour recruitment, but also
from the perspective of long-term social integration.
Social rights and equal treatment are also important components of the EU Blue Card
system. EU Blue Card holders may enjoy equal treatment with nationals of the member
state concerned in various areas, including working conditions, education and training,
and social security (Directive (EU) 2021/1883, Art. 16(1)). This shows that the EU Blue
Card is not simply an employment permit, but a rights-based residence status. Its rights
structure indicates that the EU Blue Card recognizes high-skilled migrants as rights-
bearing persons, rather than merely as selectively admitted workers.
However, these rights are not granted universally to all migrants. They are limited to
high-skilled migrants who satisfy the requirements set out in the Directive. Therefore,
although the EU Blue Card strengthens a rights-based approach, the rights it provides
continue to operate within the framework of selective openness.
Intra-EU Mobility and Pathways to Long-Term Settlement
One of the most important features of the EU Blue Card is that it institutionalizes mobility
between member states. The Directive allows EU Blue Card holders to move to another
member state and engage in highly qualified employment under certain conditions
(Directive (EU) 2021/1883, Arts. 20–21). This mechanism enables high-skilled migrants
not to remain fixed within a single member state, but to move and be utilized within the
EU labour market as a whole.
This intra-EU mobility constitutes an important point of contrast with Korea’s
employment-based residence structure. Korea’s residence status system for professional
workers is generally closely tied to specific employment relationships, occupations, and
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industrial sectors. By contrast, the EU Blue Card institutionalizes mobility within the EU
under certain conditions. This indicates that the EU understands high-skilled migrants
not merely as labour tied to the market of a single state, but as a resource that can
enhance the competitiveness and flexibility of the EU labour market as a whole.
Pathways to long-term settlement are also a key feature of the EU Blue Card. The
Directive institutionalizes the possibility of converting accumulated periods of legal
residence into long-term resident status and allows periods of residence in different
member states to be taken into account (Directive (EU) 2021/1883, Recital 51; Art. 18).
This is important because it shows that high-skilled migrants are not regarded merely as
short-term workers, but as a population group that may be incorporated into EU society
over the long term.
Family accompaniment and social rights are also closely connected to pathways to long-
term settlement. The possibility of long-term residence for high-skilled migrants is not
determined solely by individual employment conditions. It is also closely related to the
residence stability of family members, children’s education, access to social security, and
the labour market participation of family members. The EU Blue Card may therefore be
understood as a system that institutionalizes the mobility of high-skilled migrants while
also providing, to a certain extent, a social basis for long-term settlement.
Nevertheless, this possibility of long-term settlement is not an unconditional right. Long-
term residence and settlement pathways under the EU Blue Card remain linked to
employment status, salary requirements, residence periods, and member-state
implementation conditions. Actual operation may vary depending on domestic law and
administrative procedures in each member state. Therefore, although the EU Blue Card
strengthens a settlement-oriented approach, its implementation remains multi-layered
and conditional.
Legal Assessment: Rights-Based Selective Openness in a Multi-Level
Legal Order
The EU Blue Card is the EU’s representative legal framework for high-skilled migration.
It provides third-country nationals who meet requirements concerning employment
contracts, salary thresholds, and educational qualifications or professional experience
with residence stability, labour market access, family accompaniment, social rights, and
mobility between member states. In this respect, the EU Blue Card goes beyond a simple
entry permit or employment authorization and may be understood as a rights-based
high-skilled migration regime that grants a relatively comprehensive legal status to
selected high-skilled migrants.
First, the EU Blue Card strengthens a rights-based approach. The Directive provides for
labour market access, equal treatment, social security, and family reunification, thereby
granting high-skilled migrants a relatively stable legal status (Directive (EU) 2021/1883,
Arts. 15–17). This shows that the EU recognizes high-skilled migrants not merely as
temporary labour resources, but as migrants with the potential for long-term residence
and social integration.
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Second, the EU Blue Card institutionalizes the possibility of long-term residence and
settlement. By granting a legal status that combines residence and employment to
migrants selected through employment contracts, salary thresholds, and educational or
professional qualifications, and by providing a pathway to long-term resident status
under certain conditions, the EU designs high-skilled migration not as a short-term
employment permit, but as part of a long-term talent attraction strategy.
Third, the EU Blue Card operates within a multi-level legal order. Since it is based on a
Directive, the EU Blue Card establishes common standards at the EU level, but its actual
operation depends on implementation through the domestic laws of member states
(Directive (EU) 2021/1883, Art. 3(3); Art. 4). Differences may therefore arise in
application procedures, salary thresholds, recognition of qualifications, and
administrative processing. These variations can limit the uniformity and predictability of
the system (de Lange & Vankova, 2022, p. 4).
Fourth, the EU Blue Card coexists with national high-skilled migration schemes. Directive
(EU) 2021/1883 recognizes that member states may maintain separate national
residence permits in addition to the EU Blue Card. This preserves the policy autonomy of
member states, but at the same time limits the extent to which the EU Blue Card can
function as a single and coherent high-skilled migration system across the Union.
Fifth, the openness of the EU Blue Card remains limited to high-skilled migrants who
satisfy specific requirements. Employment contracts, salary thresholds, and professional
qualifications function not only as criteria for selecting high-skilled migrants, but also as
criteria for excluding those who do not meet the required standards (Directive (EU)
2021/1883, Art. 5). Thus, although the EU Blue Card strengthens rights-based status
and mobility, it is not a universally accessible migration regime. It remains a structure of
selective openness limited to a particular category of migrants.
In sum, unlike Korea’s state-led and industrial policy-oriented model, the EU Blue Card
more strongly institutionalizes rights-based status and intra-EU mobility. At the same
time, it faces limitations arising from differences in member-state implementation,
coexistence with national schemes, and its restricted openness to selected high-skilled
migrants. The EU Blue Card should therefore be understood not as a fully unified EU-
level immigration status, but as a conditional and multi-layered high-skilled migration
pathway operating through national implementation structures. It also functions as a
selective legal boundary open only to migrants who satisfy specific requirements.
Comparative Analysis and Conclusion
Comparative Findings
Both Korea and the EU have strengthened their high-skilled migration policies in response
to global talent competition and structural labour shortages. However, the two systems
differ significantly in their criteria for selecting high-skilled migrants, the ways in which
they grant residence status and rights, the extent to which they allow labour market
mobility, and the manner in which they institutionalize pathways to long-term settlement.
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Whereas Korea’s Top-Tier Visa is based on administrative selection centred on national
strategic industries and conditional pathways to settlement, the EU Blue Card emphasizes
standardized legal requirements based on employment contracts, salary thresholds, and
professional qualifications, as well as rights-based mobility. These differences show that
selective openness in high-skilled migration is institutionalized in different ways within
each legal order.
First, with regard to selection criteria, Korea adopts a policy-driven and administrative
selection structure centred on advanced industries and national strategic sectors. The
Top-Tier Visa targets top-level talent in sectors such as semiconductors, biotechnology,
artificial intelligence, and batteries. It requires globally competitive educational and
professional backgrounds, high income levels, and verification and recommendation by
relevant government ministries. By contrast, the EU Blue Card defines high-skilled
migrants primarily through employment contracts, salary thresholds, higher education
qualifications, or equivalent professional experience. This approach differs from Korea’s
administrative designation of specific strategic industries, as it is based on relatively
standardized legal criteria linked to labour market demand.
Second, differences are also evident in residence stability and pathways to settlement.
Korea’s Top-Tier Visa provides a more stable residence status than conventional
employment-based visas because it is based on the Residence (F-2) status. However, its
scope is limited to a narrow group of top-tier talent in advanced fields. The Korean system
therefore introduces settlement-oriented elements, but its character remains limited and
exceptional. By contrast, the EU Blue Card provides a legal status that combines
residence and employment authorization, and it institutionalizes the possibility of
transition to long-term resident status under certain conditions. In addition, by linking
family accompaniment and social rights to residence status, the EU Blue Card offers a
clearer settlement-oriented framework for high-skilled migrants.
Third, labour market mobility is one of the areas in which the differences between the
two systems are most evident. In Korea, the Top-Tier Visa allows broader economic
activity than employment-based visas such as the E-7. Nevertheless, Korea’s overall
residence system for professional foreign workers remains closely tied to specific
employment relationships, occupations, and industrial sectors. As a result, labour market
mobility for high-skilled migrants has improved, but it remains constrained at the level
of the broader institutional system. In contrast, the EU Blue Card permits job changes
and labour market mobility under certain conditions, while also institutionalizing intra-EU
mobility. This indicates that the EU regards high-skilled migrants not merely as labour
tied to a particular member state, but as mobile human resources that can enhance the
flexibility and competitiveness of the EU labour market as a whole.
Fourth, the two systems also differ in their pathways to long-term settlement. Korea’s
Top-Tier Visa introduces settlement-supportive elements, including family
accompaniment, housing and education support, and the possibility of acquiring
permanent residence. However, these pathways are primarily available to a limited group
of top-tier talent in advanced fields. Moreover, the step-by-step linkage between existing
visa categories such as E-7, D-10, D-2, F-2, and permanent residence has not yet been
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sufficiently institutionalized. By contrast, the EU Blue Card provides a relatively clearer
route to long-term incorporation by linking family reunification, equal treatment, and the
possibility of transition to long-term resident status. Nevertheless, even in the EU, actual
settlement pathways remain multi-layered and conditional because of differences in
national implementation and the coexistence of domestic high-skilled migration schemes.
Table 1. Comparative Findings on High-Skilled Migration Policies in Korea and the EU
Dimension
Korea: Top-Tier Visa
EU: EU Blue Card
Selection
criteria
Strategic industries, education,
professional experience, income
level, and government
recommendation
Employment contract, salary
threshold, higher education
qualification or professional
experience
Residence
stability
F-2-based residence status, but
conditional and exceptional
Directive-based residence and work
permit with clearer legal safeguards
Labour market
mobility
Broader than E-7, but still
constrained by employment and
sectoral structures
Job mobility and intra-EU mobility
allowed under certain conditions
Settlement
pathways
Selective and limited access to
permanent residence
Linked to long-term residence, family
reunification, and equal-treatment
rights
Legal character
State-led, industry-oriented
selective openness
Rights-based selective openness in a
multi-level legal order
Ultimately, Korea and the EU share the common feature of selectively admitting high-
skilled talent, but they differ in the manner in which selection and openness are
organized. Korea has developed an administratively driven selection model centred on
national strategic industries and conditional pathways to settlement, whereas the EU has
developed a multi-level high-skilled migration regime centred on labour market
integration, rights protection, and intra-EU mobility.
Selective Legal Openness and the Reconfiguration of Borders
The high-skilled migration policies of Korea and the EU do not operate by fully opening
or closing borders. Rather, both systems selectively provide opportunities for mobility
and settlement to individuals who satisfy specific criteria. In this respect, both can be
characterized as forms of “selective legal openness.”
However, such selective openness does not simply mean an expansion of openness.
Contemporary borders are being reconfigured beyond physical territorial boundaries into
normative boundaries that operate through legal and institutional criteria such as
education, income, professional experience, employment contracts, and industrial
sectors. In other words, borders no longer function merely as mechanisms for
determining admission. They also operate as institutional structures that differentially
allocate mobility, residence stability, labour market access, and possibilities for long-term
settlement.
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In Korea, this selective legal openness operates mainly through national strategic
industries and administrative verification. High-skilled talent is understood as a strategic
resource that can contribute to the competitiveness of advanced industries, and
expanded residence and settlement opportunities are granted only to those who meet
the criteria defined by the state. In the EU, by contrast, selective legal openness is
institutionalized through a rights-based approach and intra-EU mobility. By combining
family rights, social rights, equal treatment, and mobility between member states, the
EU Blue Card institutionalizes high-skilled migrants as a mobile population group
connected to the EU labour market and society as a whole.
Nevertheless, both systems remain selective in that they are open only to migrants who
satisfy specific requirements. High-skilled migrants are granted expanded mobility,
residence stability, labour market access, and possibilities for long-term settlement, while
migrants who do not meet these criteria remain in more restricted and precarious legal
positions. High-skilled migration policy therefore does not weaken borders. Rather, it
reconfigures borders into more sophisticated and differentiated legal mechanisms.
Conclusion
This study has analysed how high-skilled migration policies are institutionalized through
specific legal structures and policy logics in the context of global talent competition by
comparing Korea’s Top-Tier Visa and the EU Blue Card. The analysis shows that Korea
has developed a selective management model centred on national strategic industries,
whereas the EU has developed a multi-level governance model that emphasizes rights-
based status and intra-EU mobility.
This comparison demonstrates that high-skilled migration policy is not merely an
instrument for securing labour. Rather, it is a legal mechanism that differentially
distributes mobility, residence rights, labour market access, and pathways to settlement.
By analysing high-skilled migration policy through the lens of “selective legal openness,”
this study has shown that borders are not being weakened or dismantled. Instead, they
are being reconfigured as normative boundaries selectively opened to particular
categories of talent.
From a policy perspective, Korea’s task is not simply to expand the attraction of foreign
talent, but to strengthen institutional linkages that allow high-skilled migrants to reside
and settle over the long term under a predictable legal status. To this end, Korea needs
to clarify the sequential linkages between the Top-Tier Visa and existing visa categories
such as E-7, D-10, D-2, F-2, and permanent residence, while more systematically
combining labour market mobility, family accompaniment, and settlement support.
In conclusion, high-skilled migration policy should be understood not as a result of
debordering, but as a process of readjusting the operation of borders through selective
openness. Korea’s future high-skilled migration policy needs to move beyond a short-
term attraction strategy centred on national strategic industries and develop into a stable
settlement-oriented legal framework capable of incorporating high-skilled migrants as
long-term members of society.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 17 Nº. 1, TD 3
Thematic Dossier – Geopolitics of Anxiety: Ideology, Identity, and (Un)Bordering in
Contemporary Europe and Asia
September 2026, pp. 41-62
Reconfiguring Borders Through High-Skilled Migration: Korea and Europe
in Comparative Perspective
Joonpyo Lee
61
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