The Single Permit Directive, adopted in 2011 and recently recast in April 2024, establishes a simplified application procedure and one single permit for both the right to work and stay in the EU.
The Directive also gives many non-EU nationals working in the EU the right to be treated equally to EU nationals in many respects, including:
- working conditions
- social security
- recognition of qualifications
- tax benefits
The rules of the Directive cover most non-EU workers who are admitted to an EU country for work, whether on the basis of the country's national rules or EU laws. Some non-EU nationals are excluded from the Directive, such as seasonal workers and posted workers. Persons admitted for other reasons, such as family reunification, are covered for equal treatment, if they work.
In April 2024, a political agreement on the Commission's proposal for a recast Single Permit Directive was reached between the Council and the European Parliament, and the recast entered into force on 24 April 2024. Its aim is to make the application procedure for a single permit more efficient, reduce the long duration of application procedures, increase the EU's attractiveness, and address labour shortages. EU countries (excluding Denmark and Ireland) have until 22 May 2026 to transpose the Directive into national law. From 22 May 2026, the Single Permit Directive of 2011 will be repealed.
Objectives of the Single Permit Directive
- to ensure a simplified unique procedure for applying for the right to work and reside in the EU
- to give protection and fair treatment to the applicant in the application procedure
- to ensure that the non-EU national only needs one permit that gives the right to both work and residence
- to ensure that non-EU nationals working in the EU are not exploited as they are guaranteed equal treatment with nationals in terms of for instance working conditions, including pay, health and safety, trade union membership, social security, education and vocational training and tax benefits
Changes brought about by the 2024 recast
The recast of the Single Permit Directive makes the application procedure for the single permit more efficient. The application for the single permit can be submitted by the applicant either while still residing in a non-EU country or while residing in the EU country concerned, if the applicant already holds a valid residence permit. This should help reduce the long duration of application procedures, which often deter employers from international recruitment, and help increase the EU's attractiveness.
The recast also includes new requirements to strengthen the safeguards and equal treatment of non-EU nationals as compared to EU citizens, and improve their protection from labour exploitation.
Under the proposed new rules, the single permit will not be linked to one employer alone. This means that within the period of validity of the permit, workers will have the right to change employers while continuing to reside legally in the EU country concerned. The possibility to change one's employer can be restricted by EU countries, who can make it subject to labour market checks, require that the change be notified, and impose a minimum period (not exceeding six months), during which the single permit holder is required to work for their first employer.
In addition, unemployment of the single permit holder, provided that it does not exceed three months and is notified to the authorities of the EU country concerned, will not constitute a reason for withdrawing the single permit.
Furthermore, the recast includes new obligations for EU countries to provide for:
- inspections
- monitoring mechanisms
- sanctions against employers breaking the rules
- facilitation of complaints and legal redress against adverse treatment by the employer
How relevant is the Directive for labour migration to the EU
Each year, around 3 - 3.5 million non-EU nationals reside in the EU primarily for work. These workers help responding to the need for workers in the EU economies, which is not fully met by EU workers.
Source: Eurostat database [migr_ressoc] as of 1.10.2019.NB. Figures for 2018 are still preliminary. *Highly skilled workers are not reported separately in all Member States, and this statistic excludes EU Bluecard permits.. **Researchers are not reported as workers in all Member States. *** Poland reported large numbers of Seasonal workers between 2014 and 2017, some are reported as others in 2018 others as seasonal workers now when the Seasonal workers Directive applies fully.
The Single Permit Directive covers most other workers, highly skilled workers and as regards equal treatment researchers. This graph shows all permits issued (new or renewed) for different reasons since 2013.
Source: Eurostat database [migr_ressing] as of 1.10.2019.NB. *Figures for 2018 are still preliminary.
Policy timeline
- 2024
Adoption of the recast of the Single Permit Directive (2024/1233/EU) - 2022
The Commission presented a proposal of the Recast Single Permit Directive. - 2020
The Communication on the New Pact on Migration and Asylum has announced a review of the Single Permit Directive which will look at ways to simplify and clarify the scope of the legislation including admission and residence conditions for low and medium skilled workers. - 2019
First implementation report of the Single Permit Directive.
The 2019 Fitness Check on Legal migration evaluated the legal migration Directives. - 2011
Adoption of the Single Permit Directive (2011/98/EU). - 2007
Proposal for the Single Permit Directive (COM(2007) 638) and its impact assessment (SEC(2007)1408 Volume I and Volume II).