The European Parliament adopted by 465 votes to 122, with 27 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council concerning a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast).

The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:

Subject matter and scope

This Directive lays down a single application procedure for issuing a single permit for third-country nationals to reside for the purpose of work in the territory of a Member State, in order to simplify the procedures for their admission and to facilitate the control of their status. It should apply to third-country nationals who apply to reside in a Member State for the purpose of work but should not apply to third-country nationals: (i) who are posted for as long as they are posted; (ii) who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State.

Single application procedure

An application to issue, amend or renew a single permit should be submitted by way of a single application procedure. Member States shall determine whether applications for a single permit are to be submitted by the third-country national or by the third-country national’s employer.

An application for a single permit should be considered and examined either where the third-country national is residing outside the territory of the Member State to which that third-country national wishes to be admitted, or where that third-country national is already residing in the territory of that Member State as a holder of a valid residence permit. A Member State may also accept, in accordance with its national law, applications for a single permit submitted by other third-country nationals who are legally present in its territory.

Single permit

The competent authority should adopt a decision on the application for a single permit as soon as possible and in any event within 90 days of the date of submission of a complete application. The time limit to take a decision may be extended for an additional period of 30 days , in exceptional and duly justified circumstances linked to the complexity of the application. The period may be extended for an additional period of 15 days, in exceptional and duly justified circumstances.

Information, fees

Member States should make easily accessible, and provide upon request to the third-country national and the future employer adequate information on all the documentary evidence needed for an application, and, where appropriate, on the applicable fees. They may require the payment of fees for the processing of applications in accordance with this Directive. The level of fees required by a Member State for the processing of applications should not be disproportionate or excessive . Where fees for processing applications are paid by the employer, the employer shall not be entitled to recover such fees from the third-country national.

Change of employer

Member States should allow a single permit holder to change employer. During the period of validity of a single permit, Member States may:

(a) require that a change of employer be notified to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law;

(b) require that a change of employer be subject to a check of the labour market situation if the Member State concerned carries out checks of the labour market situation, for applications for a single permit;

(c) require a minimum period during which the single permit holder is required to work for the first employer. This minimum period should not exceed the duration of the employment contract or the period of validity of the permit. It should, in any event, not exceed six months. Member States should allow a single permit holder to change employer before the expiration of that minimum period in duly justified cases of a serious breach by the employer of the terms and conditions of the employment relationship.

Where the Member State requires that a change of employer be notified, the right of the single permit holder to change employer may be suspended for a maximum period of 45 days from the date on which the notification to the national competent authorities was made.

Unemployment

Unemployment in itself should not constitute a reason for withdrawing a single permit provided that:

(a) the total period of unemployment does not exceed three months during the period of validity of a single permit, or six months if the third-country national has been a holder of the single permit for more than two years;

(b) the beginning and, where applicable, the end of any period of unemployment is notified to the competent authorities of the Member State concerned, in accordance with the relevant national procedures.

The Member State may allow a single permit holder to be unemployed for a longer period. For periods of unemployment longer than three months, Member States may require single permit holders to provide evidence of having sufficient resources to maintain themselves without recourse to the social assistance system of the Member State concerned.

Where the competent authorities of the Member State establish that there are reasonable grounds to believe that a single permit holder has experienced particularly exploitative working conditions, that Member State should extend the allowed period of unemployment by three months .

Right to equal treatment

Third-country workers should enjoy equal treatment with nationals of the Member State where they reside with regard to at least: (i) terms of employment and working conditions, including with regard to remuneration, dismissal, working hours, leave and holidays and the equal treatment of men and women, as well as health and safety at the workplace; (ii) the right to strike and take industrial action and to freedom of association and affiliation and membership of an organisation representing workers or employers; (iii) education and vocational training.

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Javier MORENO SÁNCHEZ (S&D, ES) on the proposal for a directive of the European Parliament and of the Council concerning a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast).

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Scope

Members specified that the proposed Directive should also apply to third-country nationals who apply to reside in a Member State for the purpose of work, including for the purposes of work-related training such as an apprenticeship .

Single application procedure

The amended text stated that an application to issue, amend or renew a single permit should be submitted by way of a harmonised single application procedure. Member States should allow applications for a single permit to be submitted by the third-country national or the third-country national’s employer.

Where the third-country national submits an application, Member States should allow the application to be introduced both from a third country and in the territory of the Member State in which the third-country national is legally present.

Where the employer submits the application, the Member State concerned should ensure that the third-country national on whose behalf the application has been submitted is kept informed about the status of the application and the outcome of the application in a timely manner and, where appropriate, in electronic format.

Time limits

Members set a limit of 90 days for reaching a decision on an application for a single permit, from the current four months. This time limit would be shortened to 45 days if the applicant were selected through an EU talent partnership or already holds a single permit in another EU country.

The single permit should be valid for a minimum period equivalent to the duration of the contract of employment or, where the employment contract is of indefinite duration, for two years.

Rights on the basis of the single permit

Under the revised rules, there will be a simplified procedure to allow the worker to change employer. Member States should require that a change of employer be communicated by the new employer to the competent authorities in the Member State concerned prior to the commencement of the new employment, providing information on the name and address of the new employer, the habitual place of work, the type of work, the working hours and the remuneration, in accordance with procedures laid down in national law.

The Member State may, within a period of 30 days from the date on which the change of employer has been communicated, refuse the change of employer. Where the Member State does not refuse the change within 30 days, the change of employer should be considered approved and the single permit holder may start the new employment.

In the event of unemployment of the single permit holder, and in order to allow the holder to find alternative employment, the single permit should not be withdrawn for a period of at least nine months (as opposed to three months) during which period the third country national should be allowed to remain on the territory of the Member State concerned and to seek employment.

PURPOSE: to recast the Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the vast majority of migrants arrive in Europe legally. In 2019, EU Member States issued more than three million first residence permits to third-country nationals, of which more than one million were for employment purposes.

According to available statistics, of all permits issued in 2019, 1 172 028 (39%) were issued for remunerated activities, 928 483 (31%) for family reasons, 395 428 (13%) for education and training purposes and 368 509 (12%) for other reasons.

The evaluation of the Directive in the context of the 2019 fitness check of EU legislation on legal migration and its implementation reports identified several gaps in the personal and material scope, inconsistencies and shortcomings , as well as practical problems arising from the application of the Directive by Member States. During the ten years of application of the Directive, the Commission has received several complaints about its implementation by Member States (e.g. failure to comply with the legal deadlines for issuing a single permit or problems related to social security).

This proposal aims to streamline the single permit application procedure and make it more efficient . Currently, the overall length of the application procedures discourages employers from recruiting from abroad. Reducing this time should help to increase the attractiveness of the EU and address the labour shortages that the EU faces. It is also important to strengthen safeguards and equal treatment between third-country nationals and EU citizens, and to better protect the former against labour exploitation.

This proposal is part the ‘Skills and talent’ package of measures proposed as a follow-up to the Commission’s Communication on a New Pact on Migration and Asylum, adopted on 23 September 2020, which underlined the need to address the main shortcomings of the EU policy on legal migration, with the overall objective of attracting skills and talent the EU needs. The package also includes the recast of Directive 2003/109/EC on long-term residents.

CONTENT: the Commission proposes to update the Single Permit Directive in order to further streamline the application procedure for a combined residence and work permit, and to strengthen guarantees for equal treatment and protection against labour exploitation.

Scope of application

Several changes in the recast proposal aim to clarify the scope of Directive 2011/98/EU, and in particular the exclusions from the scope. Third-country workers posted from another Member State are excluded from the scope as they are not considered as belonging to the labour market of the Member State to which they are posted. The Directive would also not apply to third-country nationals who have been admitted to the territory of a Member State to work as intra-corporate transferees or as seasonal workers.

The proposal extends the personal scope of the Directive to persons enjoying protection under national law who are currently not fully covered by the provisions on equal treatment.

Single application procedure

The recast proposal provides that Member States should allow for a single application for a permit to be made both in the Member State of destination and from a third country and requires Member States to issue the required visa when the requirements laid down by Union or national law are met.

Furthermore, the four-month period for the adoption of a decision should also include the issuing of the required entry visa and the time needed to carry out the labour market situation before deciding on an application for a single permit.

Rights on the basis of the single permit

On the basis of the proposed amendments, the single permit would give the right to the third-country national to change employer during the period of its validity. Member States should be able to require a notification of the change and be able to check the labour market situation in case a change of employer takes place. The proposal has been clarified to ensure that Member States that withdraw the single permit following the loss of employment allow third-country workers to remain in their territory for at least three months during the validity of the permit, in case the single permit holder loses his/her job.

Equal treatment

The proposed amendments clarify that equal treatment will apply to access to private housing and that any restrictions introduced by Member States may only concern access to public housing. They clarify the provisions regarding access to social security coverage and specify that third-country nationals who are authorised to work under a visa would be entitled to family benefits if they work in the Member State concerned for a period exceeding six months.

Monitoring, risk assessment, inspections and penalties and facilitation of complaints

Member States should provide for effective, proportionate and dissuasive sanctions against employers for failure to comply with national provisions adopted pursuant to the Directive, in particular as regards working conditions, freedom of association and membership and access to social security benefits. These measures should include monitoring, risk assessment and, where appropriate, inspection.

In order to improve compliance with the Directive, redress mechanisms would be set up. They should be open not only to single permit holders, but also to third parties who, in accordance with the criteria established by national law, have a legitimate interest in ensuring compliance with the Directive.