The update to the Single Permit Directive (Directive 2011/98/EU), adopted in 2011 to establish a single administrative procedure for granting permits to third-country nationals wishing to live and work in an EU country, along with a common set of rights for third-country workers, was approved with 465 votes in favor, 122 against, and 27 abstentions.
The proposed amendments aim to ensure:
Decisions on permit applications are rendered within 90 days.
Permit holders can apply from within the EU and change their employer.
Up to six months of unemployment is permissible without risking permit withdrawal.
Faster decisions on applications
In negotiations, Members of the European Parliament managed to set a maximum limit of 90 days for deciding on applications for a single permit, a significantly shorter period compared to the current limit of four months. Procedures for particularly complex cases may be extended by 30 days, and the time taken to issue a visa, if necessary, does not count towards this limit. New rules will allow holders of a valid residence permit to apply for a single permit even if they are already in the EU, enabling a person legally residing in the Union to request a change in their legal status without needing to return to their country of origin.
Change of employer
According to the new rules, holders of a single permit will have the right to change employers, profession, and field of work. MEPs ensured in negotiations that a simple notification from the new employer will suffice for this change. National authorities will have 45 days to oppose the change. Parliament also restricted the conditions under which this permit can be used for trial periods in the labor market.
EU Member States will have the option to require an initial period of up to six months during which changing employers will not be possible. However, a change during this period would still be possible if the employer seriously breaches the employment contract, for example by imposing particularly abusive working conditions.
Unemployment
If a holder of a single permit becomes unemployed, they will have up to three months (or six if they held the permit for more than two years) to find another job before the permit is revoked, instead of the current two months as provided by existing rules. Each Member State may offer a longer period if desired.
If a worker has experienced particularly exploitative working conditions, Member States will extend the unemployment period by three months, during which the single permit will remain valid. If a holder of a single permit is unemployed for a period longer than three months, Member States may request evidence that they have sufficient resources to live without resorting to the social welfare system.
Next steps
The new rules must now be formally approved by the Council. Member States will have two years from the entry into force of the directive to introduce changes to their national legislation. This legislation does not apply to Denmark and Ireland