EU | Immigration | Recast single permit directive formally adopted

During an EU Council meeting this month, EU member states formally adopted the revised Single Permit Directive, which promises to streamline application processes for workers from outside the EU. The new version of the Directive aims to secure shorter decision timelines, provisions for facilitated employer changes, and considerations in case of unemployment. From its publication this week, member states have two years to implement the new rules into their national law.

The Detail

The European Council announced the adoption of a long-awaited revised version of the 2011 Single Permit Directive (Directive 2011/98/EU). The Single Permit directive outlines the procedural framework for the issuance of employment related permits by member states to non-EU nationals.

The recast of the Directive is expected to have a twofold effect. On the one hand, individuals and employers applying for residence and work authorisation in member states would be able to benefit from more simplified and efficient processes and on the other hand, the newly adopted Directive’s goal is to also address the shortage of skilled and talent in the EU while tackling the shortcomings of the existing EU migration policies.

In order to achieve this, the following key changes to the existing Directive have been adopted:

• In-country applications: Implementing Member States are mandated to allow applicants to apply for a permit within the EU, provided they hold a valid residence permit, enhancing accessibility.
• Faster Processing: A maximum of three months of processing time, down from four months under the existing Directive.
• Change of employer: The possibility for the employee to change employer during the permit’s validity.
• Residence rights during unemployment: Permit holders can remain in the host country for up to three months during unemployment, ensuring stability and security.
• Compliance and equal treatment: New provisions on compliance monitoring measures and equal treatment of foreign and EU workers will be enforced.

The revision of the Single Permit Directive will come into force in the upcoming days and member states will then have two years to transpose the revisions into their national laws.

It is not yet clear whether, upon its implementation, the new rules will lead to an increase in the number of single permits issued by member states. While the recast Directive grants additional rights to employees, the permit will still generally need to be applied for by employers who will act as sponsor. In this respect it remains to be seen whether the changes will have an effect on the dynamic between employers and their non-EU employees.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Raj Mann
Director

Hugo Vijge
Director

Marijan Vrhovac
Senior Associate

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