The European Union has adopted new legislation to streamline and simplify the process for non-EU nationals to obtain work and residence permits.
The revised Single Permit Directive aims to boost legal migration and make the EU more attractive to foreign talent.
Rolling Out the Red Carpet for Foreign Talent
On December 20th, 2023, the European Council and Parliament reached an agreement on updating the 2011 Single Permit Directive.
The new rules will allow non-EU citizens to apply for a combined EU work and residence permit through a single application procedure.
Approval of the permit will serve as both a residence and work permit. The legislation also establishes common rights for non-EU workers regarding qualifications, working conditions, social security, and taxes.
EU officials hope the changes will help fill persistent labor shortages and boost the bloc’s global competitiveness.
The new procedures are expected to facilitate international recruitment and make it easier for employers to hire foreign talent.
Streamlined Application Process
Under the updated directive, non-EU citizens can submit a single permit application from outside or within the EU.
Applicants already residing in the EU with a valid residence permit can apply from that member state.
The legislation requires member states to issue decisions on complete applications within three months.
This covers the period for assessing labor market needs.
Once approved, countries must provide the appropriate visa for initial entry.
Enhanced Flexibility and Mobility
The revised rules allow single permit holders to change employers, subject to notifying authorities.
Member states can mandate a minimum employment period before switching jobs.
In case of job loss, non-EU workers can remain in the country if unemployment doesn’t exceed three months during the permit’s validity.
This period extends to six months after holding the permit for two years.
Equal Treatment and Stronger Worker Protection
The new directive establishes equal treatment and rights for non-EU employees compared to EU nationals.
This covers areas like pay, dismissals, health and safety, and membership in trade unions.
The rules also aim to prevent exploitation by allowing permit holders to change employers.
Additionally, member states must implement monitoring, inspections, and sanctions against companies violating non-EU workers' rights.
EU Hopes to Attract Global Talent
The European Commission welcomed the agreement, stating simplified procedures will make international recruitment easier.
Officials emphasized legal migration is essential for economic growth and innovation.
“Evaluating different needs that the labour market has and then meeting them with the right talents will foster innovation and growth,” the Commission said.
The new legislation is part of the EU’s “Skills and Talent Package” to enhance legal migration frameworks.
With many sectors facing shortages, the bloc hopes to attract foreign skills and talent to fill gaps and meet future needs.
Simplified Long-Term Stays for Third-Country Citizens
The Single Permit Directive will make it easier for non-EU citizens like families, investors, digital nomads, and students to obtain long-term residence and work rights in the EU.
Applicants will no longer face multiple application procedures and can obtain a single permit enabling both residence and employment.
This provides more certainty for third-country nationals planning longer-term relocation and stays in the EU.
The streamlined process may attract more immigrants seeking to settle down or live in the bloc long-term rather than just short Schengen visa trips.
However, the Single Permit will not replace requirements like the upcoming ETIAS for visa-free travelers.
From May 2025, citizens of over 60 countries will need ETIAS pre-travel authorization even for short 90-day Schengen area visits.
The Single Permit is for longer-term residence and employment, whereas ETIAS facilitates brief visa-free EU travel.
Member States to Shape Immigration Policies
While streamlining the permit process, the Single Permit Directive doesn’t dictate immigration levels or requirements.
EU countries retain full control over admitting third-country workers based on labor market needs and immigration policies.
The agreement simply introduces common EU-level rules and procedures for non-EU citizens already approved for work and residence.
However, member states will continue shaping their own immigration and work visa programs within the Single Permit system.
Thus, the directive harmonizes and improves the permit process without limiting national sovereignty over broader immigration policies.
Countries can still decide on admittance numbers, salary thresholds, and other conditions for non-EU migrant workers.
Paving the Way for EU Migration Reforms
The updated Single Permit Directive represents a milestone for the EU’s efforts to build an effective and humane migration system.
By facilitating access and providing common rights, the new rules aim to position the bloc as an attractive destination for global talent.
With formal approval by the Parliament and Council forthcoming, the legislation will soon enter into force.
This will start a new era of streamlined procedures and strengthened protections for non-EU migrants seeking to live and work in the EU.