European Union: Revised Single Permit Directive Approved

The following changes will apply in each country that domestically implements the revised Directive:

• In-country applications. Implementing Member States will be required to allow applicants (and their employers) to apply for a permit within an EU country provided that the applicant has a valid residence permit. Previously, implementing Member States had discretion to grant this right, but were not required to do so. Applicants will continue to have a right to apply outside EU countries.
• Faster processing. The standard government processing time will decrease to three months (down from the four months set out in the previous Directive). This processing time frame will be extendable in exceptional circumstances by 30 additional days.
• Change of employer. Permit holders will be able to change employers after having worked for them for at least six months (and even sooner in exceptional circumstances). The previous Directive was silent on this subject.
• Residence rights during temporary unemployment. In the event of unemployment, permit holders will be able to remain in their host country for at least three months and potentially six months (if they have already held a Single Permit for two years). The previous Directive was silent on this subject, and (even brief) unemployment was at times grounds for permit withdrawal.
• Compliance. EU Member States will need to monitor employer compliance with the terms of the Directive. This includes intensified checks to ensure compliance with national equal treatment rules. Furthermore, workers will be given the right to individual redress for instances of non-compliance. The previous Directive was silent on the subject of compliance.
• Equal treatment. Additional rules will be introduced on several additional topics regarding equal treatment of foreign and EU workers, including regarding the right to work similar working hours as EU nationals; the right to strike and join collective agreements; and the right to choose private housing and accommodation that is not tied to one’s employer.

Once domestically implemented by a sufficient number of EU Member States, this revised Single Permit Directive may noticeably increase the uptake of single permits in the European Union – given the faster and easier application process and the greater room for permit holders to flex with changing labor market conditions and opportunities. Further, since Single Permit holders would be able to change employers more easily and no longer face immediate loss of immigration status in the event of unemployment, employers may see a worse negotiation position vis-à-vis these employees.

• Single Permits. Single Permits are a type of immigration permit that merge both residence rights and work rights into a single permit.
• Original Directive. The European Union adopted the original Single Permit Directive in 2011, seeking to create a single permit for both residence and work in EU countries; establish a single application process for such permits; and ensure both the fair treatment of applicants and equal status of Single Permit holders compared to EU nationals in areas such as working conditions, health and safety, social security, education and vocational training and tax benefits, access to goods and services including housing and employment advice services. The Directive covers all EU Member States except for Denmark and Ireland.
• Other EU immigration-related directives. The Single Permit Directive joins other EU immigration-related directives. This includes:
  • Long-Term Residents Directive. This Directive – which dates back to 2003 – seeks to facilitate integration, labor market access and intra-EU mobility for long-term residents in the European Union. In early 2024, the EU Council decided to cease negotiations on amendments to this Directive, following opposition from a limited number of EU Member States.
  • EU Blue Card Directive. This Directive – first introduced in 2009, and then revised in 2021 – focuses on highly skilled professionals. The deadline for national transposition of the revised iteration was November 18, 2023. Despite this, many EU Member States are yet to domestically implement the revised version.

• Effective date. The revised Directive will enter into force 20 day after its publication in the Official Journal of the European Union. The current scheduled date of such publication remains unclear, but is expected to occur in the near future.
• Domestic implementation. EU Member States will have up to two years to domestically implement the terms of this Directive from the date the laws formally go into effect. That said, as has been seen with other Directives, some EU Member States may not adhere strictly to this deadline. Given this trend, as well as the fact that a country must domestically implement these changes before they have any legal effect, some foreign nationals and employers may not see their legal position change for several years.
• Update – April 30, 2024: On April 30, 2024, the revised Directive was published in the Official Journal of the European Union. Accordingly, EU Member States now have until May 21, 2026 to domestically implement the terms of this Directive.