Skip to content
DRAFT 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)

LIBE-PR-738493

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

Official HTML ↗ PDF DOCX
✦ In shortFull text
✦ In short · AI summary of this text, generated 26 Sept 2026

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.

The rapporteur's draft report proposes Parliament's position on the recast directive on a single application procedure for a single permit and a common set of rights for third-country workers. It shortens the decision time limit to 90 days, with 45 days for EU Talent Partnership participants or existing single permit holders, and requires reimbursement of fees if the deadline is missed. It gives single permit holders the right to change employer, requires notification of the change, and protects them from withdrawal for at least nine months of unemployment. It strengthens equal treatment, complaint mechanisms, legal aid, and penalties against employers, and requires a transitional permit of at least twelve months for workers who suffer serious rights violations. It also amends definitions, scope exclusions, information duties, and statistics obligations.

Committee position. The rapporteur proposes to amend the Commission proposal to simplify and speed up the single permit procedure, strengthen the rights of third-country workers, and improve their equal treatment and protection from exploitation.

Key points

  1. The draft report adopts Parliament's first-reading position on the recast directive, taking into account the Consultative Working Party's recommendations.
  2. It calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal.
  3. Member States should issue a single permit or a visa within the time limits set in the directive, and the procedure should be efficient, effective, transparent and fair.
  4. Member States should allow either the third-country national or the prospective employer to submit the application, and the applicant must be kept informed if the employer submits it.
  5. The competent authority must decide on a complete application within 90 days, covering labour market checks, recognition of qualifications and issuance of the requisite visa.
  6. The time limit is shortened to 45 days where the applicant has participated in an EU Talent Partnership or is already a single permit holder in another Member State.
  7. If no decision is taken within the time limit, any fee paid must be reimbursed to the applicant, and further consequences are set by national law.
  8. The single permit must have a minimum validity of the shorter of the employment contract duration or two years, and Member States must indicate additional employment information.
  9. Single permit holders have the right to seek employment with a different employer and to change employer, with the new employer required to notify the change before the new employment starts.
  10. In the event of unemployment, the single permit must not be withdrawn for at least nine months, during which the holder may remain on the territory.
  11. Member States must provide effective mechanisms for complaints, legal aid, and protection from adverse treatment, and must impose effective, proportionate and dissuasive penalties on employers who infringe workers' rights.
  12. Where a single permit holder suffers a serious violation of rights by the employer, Member States must grant a transitional single permit valid for at least twelve months.

Who is affected

  • Third-country nationals seeking to reside and work in a Member State: benefit from shorter deadlines, right to change employer and nine-month unemployment protection.
  • Employers: must notify changes of employer, face penalties for infringements, and cannot recover fees from workers if they pay them.
  • Member States: must issue permits and visas within time limits, allow applications from either party, and set up complaint and inspection mechanisms.
  • EU Talent Partnership participants and existing single permit holders: benefit from a shortened 45-day decision deadline.
  • Seasonal workers, au pairs and persons under temporary protection: no longer excluded from applying for a single permit.

Figures and deadlines

  • 90 days: time limit for the competent authority to decide on a complete application.
  • 45 days: shortened time limit for EU Talent Partnership participants or existing single permit holders.
  • two years: maximum reference period for the minimum validity of a single permit.
  • nine months: period during which a single permit must not be withdrawn in the event of unemployment.
  • twelve months: minimum validity of a transitional single permit for workers who suffered serious rights violations.
  • six months: period within which Member States must transmit statistics to the Commission after the reference period.

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