A Single Permit for residence and work

Due to demographic changes, the EU economy relies more and more on non-EU workers that are hired from outside the EU. To further harmonise labour migration procedures, the Single Permit Directive (2011/98/EU) adopted in 2011, establishes a simplified application procedure for one single permit for both the right to work and reside in the EU.

The Single Permit Directive also aims at ensuring fair treatment of non-EU workers legally residing in a Member State and at preventing exploitation. It gives non-EU workers the right to be treated equally with nationals of EU Member States in many respects. These include ;working conditions, such as pay, working hours, health and safety requirements, education and training, certain branches of social security, recognition of qualification and tax benefits.

Given some inefficiencies of the current provisions in force, a proposal for a recast Single Permit Directive was presented in April 2022. The recast Single Permit (Directive (EU) 2024/1233) was adopted in April 2024.

To simplify applications and speed up the application procedure for a single permit, it:

• allows holders of a valid residence permit to apply directly from the EU without having to go back to their country of origin.
• obliges Member States to decide on an application for a single permit within 90 days instead of currently four months, including a potential labour market test.

To better protect non-EU workers, including against labour exploitation, it:

• obliges Member States to inform non-EU workers about their rights and how to enforce them;
• gives non-EU workers the right to change their employer under certain conditions;
• allows non-EU workers to be unemployed and stay in the territory of a Member State for at least three or six months (depending on the duration of their previous stay) during the validity of the single permit;
• obliges Member States to prevent labour exploitation via monitoring and inspections, and to punish employers infringing equal treatment rights of non-EU workers;
• requires Member States to facilitate complaints and legal redress of non-EU workers against their employers, both directly and via third parties.

Member States must transpose the recast Single Permit Directive into national law by May 2026. It will then repeal the Single Permit Directive. Both Directives do not apply in Denmark and Ireland.

Timeline