Civil Liberties Committee MEPs today voted with 46 in favour, 5 against and 4 abstention for more effective EU rules for combined work and residence permits 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. The committee vote today confirms the outcome of negotiations reached between the Parliament and Council in December 2023.
Faster decisions on applications
In negotiations, MEPs succeeded in setting a 90-day 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. Procedures on especially complex files might get a 30-day extension. National authorities should determine the consequences of not complying with the time limits and the procedure for legal redress.
Applications from within EU territory
New rules will introduce the possibility to apply for a Single Permit also from within the territory as holder of a valid residence permit. This means that a person who is legally residing within the EU could ask to change legal status without having to return to his or her home country.
Change of employer
Under the new rules, single permit holders will have the right to change employer, occupation and work sector. MEPs ensured in negotiations that a simple notification by the new employer would suffice. National authorities will have 45 days to oppose 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 six months during which a change of employer will not be possible. However, a change during that period would be possible if the employer seriously breaches 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three months –or six if he/she has had the permit for more than two years- to find another job before having the permit withdrawn, compared to two months under the current rules.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.
Quote
After the vote, the rapporteur Javier Moreno Sanchez (S&D, ES) said:
“The reform of the Single Permit Directive is great news and shows that the European Union is capable of working in favour of legal migration, offering safe and legal routes for immigrants. This Directive is an important part of the migration package and a step forward in the fight against irregular migration. There is a shortage of labour in the European Union and our companies need to attract workers from outside the Union. We have managed to make the process of obtaining a permit quicker and simpler. The Directive also addresses the rights and working conditions for foreign workers and specific measures to combat abusive practices and exploitation.”
Next steps
The new rules have to be formally approved by the Parliament as a whole, as well as by the Council. Member states will have two years after the entry into force of the directive to introduce its requirements into their national laws.
Source – EU Parliament