EP and Council negotiators have agreed on improvements to EU rules to issue combined work and residence permits more quickly for third-country nationals.
The Single permit directive, dating from 2011, establishes a single administrative procedure for delivering a permit to third-country nationals wishing to live and work in an EU country and a common set of rights for third-country workers based on the principle of equal treatment with nationals.
Faster decisions on applications
In negotiations, MEPs succeeded in setting a 90-days limit for a decision on applications for a single permit, compared to the current four months. If the worker requires a visa, the time until it is delivered will not be counted for that limit. The visa –whose issuance depends on meeting the requirements for a single permit- should be delivered in a timely manner.
Decisions on especially complex files might get a 30-days extension. National authorities should determine the consequences of non-compliance of the time limits and the procedure for legal redress.
Change of employer
Under the new rules, single permit holders will have the right to change employer, the occupation and the work sector. MEPs ensured in negotiations that a simple notification by the new employer would suffice. National authorities will have 45 days to oppose to the change. MEPs have also limited the conditions under which this authorisation can be subject to labour market tests.
Member states will have the option to require an initial period of up to 6 months during which a change of employer will not be possible. However, a change during that period would be possible in case serious breach by the employer of the work contract, including particularly exploitative working conditions.
Unemployment
In case of unemployment, the single permit holder will have up to three months –or six if he/she has had the permit for more than two years- to find another job before having the permit withdrawn, compared to two months under the current rules. If a worker has experienced particularly exploitative working conditions, member states shall extend by three months the period of unemployment during which the single permit remains valid. For periods of unemployment over three months, member states may require the single permit holder to provide evidence of having sufficient resources to maintain himself or herself without recourse to the social assistance system.
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After the vote, the rapporteurJavier Moreno Sanchez(S&D, ES) said: “Today’s agreement is great news, in particular in view of the current Council’s lack of enthusiasm for legal migration. We have shown that the EU is capable of offering safer and legal routes for migrants seeking work, the most effective way to tackle irregular migration. Due to labour force shortages, European companies need to attract workers from outside the EU. At the same time, we want to guarantee workers’ rights and better working conditions. We now have specific measures in place to fight abusive practices and stop the exploitation of third country workers.”
Next steps
The deal has to be formally approved by the Committee on Civil Liberties and by the Parliament as a whole, as well as by the Council. Member states will have 2 years after the entry into force of the directive to introduce its requirements in their national laws.