EU Council Approves New Single Work and Stay Permit for Non-EU Citizens
The EU Council has approved a revised Single Permit Directive that streamlines the combined work and stay permit for non-EU nationals and expands their rights.
Nestlers Group Editorial Team
Immigration Advisory Team
The Council of the European Union has given the green light to a revised version of the Single Permit Directive, updating the existing directive from 2011. The new law is designed to help attract the skills and talent the EU needs while addressing current shortcomings in legal migration procedures.
What the single permit covers
The directive outlines a streamlined administrative process for a single permit that combines both the right to work and the right to stay within the EU. It also establishes a standard set of rights for third-country workers. With a focus on efficiency, the revision introduces a shorter application process and aims to strengthen the rights of third-country workers, including by enabling them to change employers and allowing for a limited period of unemployment.
How the application process works
Individuals from third countries can now apply for the single permit either from their home country or, if already holding a valid residence permit, from within the EU. Once a member state approves the single permit, it serves as both the residence and work permit.
Processing timelines
Under the revised directive, specific timelines apply to issuing permits:
- A decision should be made within three months of receiving a completed application
- Where a member state chooses to evaluate labor market demand before granting the permit, that assessment should also fall within the same 90-day window
- An additional 30 days can be granted for more complex applications where necessary
Changing employers
One significant change in this update is the provision allowing single permit holders to switch employers. This transition may involve notifying the relevant authorities, and member states may conduct labor market assessments as part of the process. EU countries may also set a minimum tenure requirement with the initial employer before a change is permitted.
Handling periods of unemployment
The updated directive also sets out guidelines for situations where a single permit holder becomes unemployed. Third-country workers can remain in the member state for up to three months of unemployment during the permit's validity, or for six months after holding the permit for two years.
What happens next
The directive is set to take effect on the twentieth day following its publication in the Official Journal of the European Union. Member states are expected to incorporate the directive into their national legislation within a two-year period, so employers relying on third-country talent should expect gradual changes to national single permit procedures over that time.
Sources: Council of the European Union
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