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REPORT (COM(2022)0655 – C90163/2022 – 2022/0131(COD))

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)

A-9-2023-0140

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Javier Moreno Sánchez

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal for a directive on a single permit for third-country nationals to reside and work in a member state, recasting Directive 2011/98/EU. It sets a 90-day time limit for a decision on a complete application, shortened to 45 days for EU Talent Partnership participants and single permit holders in another member state. It requires member states to allow applications from either the third-country national or the employer, both from a third country and in the member state where the national is legally present. It gives single permit holders the right to seek employment and change employer, with notification by the new employer and a possible labour market check only when the sector changes. It protects permit holders during unemployment: the permit is not withdrawn for at least nine months, and is extended by twelve months where the holder suffered a serious violation of rights by the employer. It strengthens equal treatment, enforcement, inspections, complaint mechanisms and information for third-country workers, and requires annual statistics on single permits.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs adopts Parliament's position at first reading with amendments to the Commission proposal, aiming to simplify and speed up the single permit procedure, strengthen equal treatment and protect third-country workers from exploitation.

Key points

  1. Member states must allow the application for a single permit to be submitted by either the third-country national or the prospective employer, both from a third country and in the member state where the national is legally present.
  2. The competent authority must decide on a complete application and notify the applicant within 90 days; the time limit covers the entire procedure, including any labour market check, recognition of qualifications and the requisite visa.
  3. The time limit is shortened to 45 days where the applicant has taken part in an EU Talent Partnership with a third country or is already a single permit holder in another member state.
  4. If no decision is taken within the time limits, any fee paid by the applicant must be reimbursed; further consequences are set by national law.
  5. The single permit must be valid for at least the duration of the employment contract or, for indefinite contracts, for two years.
  6. Member states must indicate additional employment information on the permit, such as the employer's name and address, habitual place of work, type of work, working hours and remuneration, and give the third-country national access to it.
  7. A single permit entitles the holder to enter, re-enter and reside, to have free access to the territory, to exercise the authorised employment, to seek employment with different employers and change employer, and to be informed of their rights.
  8. A change of employer must be communicated by the new employer to the competent authorities before the new employment starts; a labour market check may be required only where the change involves a change of sector and the member state generally carries out such checks.
  9. The member state may refuse the change of employer within 30 days of the communication; if it does not, the change is considered approved and the holder may start the new employment.
  10. In the event of unemployment, the single permit must not be withdrawn for at least nine months, during which the holder may remain and seek employment.
  11. Where a single permit holder has suffered a serious violation of rights by the employer, member states must extend the permit by twelve months with full access to the labour market.
  12. Member states must provide effective mechanisms for complaints, allow third parties such as trade unions to act on behalf of or in support of workers, and ensure the same access as nationals to protection against adverse treatment, judicial and administrative procedures, and legal aid.

Who is affected

  • Third-country nationals who apply to reside and work in a member state, who gain a right to a decision within 90 or 45 days and to change employer.
  • Employers, who may submit applications, must communicate changes of employer, and face penalties for infringing workers' rights.
  • Member states, which must allow applications, issue permits, carry out checks and inspections, and provide information and complaint mechanisms.
  • Third-country workers who are posted, covered by Directives 96/71/EC, 2014/67/EU, 2018/957/EU or (EU) 2020/1057, who remain outside the directive's scope.
  • Seasonal workers and au pairs, who are no longer excluded from the directive's scope.

Figures and deadlines

  • 90 days: time limit for a decision on a complete application.
  • 45 days: shortened time limit for EU Talent Partnership participants and single permit holders in another member state.
  • two years: minimum validity of a single permit where the employment contract is of indefinite duration.
  • nine months: period during which a single permit must not be withdrawn in the event of unemployment.
  • twelve months: extension of a single permit where the holder suffered a serious violation of rights by the employer.
  • 30 days: period from communication of a change of employer within which the member state may refuse it.
  • three months: period of work for which member states may decide that Chapter II does not apply.
  • six months: period after the end of the reference period within which statistics must be transmitted.

Legal basis: Article 294(2) and Article 79(2), points (a) and (b), of the Treaty on the Functioning of the European Union.