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European Union: Skills and Talents Package to Attract and Retain Foreign Talent

April 28, 2022

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  • European UnionEuropean Union

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At a Glance

The European Commission seeks to attract and retain foreign talent in the European Union through the Skills and Talents Package, a set of operational and legislative proposals which include the following key items:

  • Amending the Single Permit Directive to allow in-country applications, reduce processing times and permit changes of employer;
  • Amending the Long-Term Residents Directive to allow eligibility based upon accumulated stay in multiple EU Member States and under additional immigration statuses and to facilitate the right to move and work in a second EU Member State; and
  • Creating an EU Talent Pool, an online platform to match foreign workers with sought-after skills and EU-based employers, with a pilot project for Ukrainian national beneficiaries of temporary protection in the European Union.

The situation

The European Commission launched a Skills and Talents Package with several proposals aimed at increasing the European Union’s attractiveness for skilled migrants.

A closer look

The European Commission proposal includes the following key points:

 

PROPOSAL DETAILS IMPACT
Amending the Single Permit Directive
  • Single Permit applications would be permissible both in country and abroad, where in-country applications may currently be restricted depending on national policies.
  • Both labour market testing (if applicable) and visa processing would have to be completed within the four-month government processing deadline, where, in practice, processing times are currently significantly longer. Diploma recognition could still be excluded from the four-month standard government processing time.
  • Permit holders would be allowed to change employers within their permit validity, without a new application. Currently, restrictions on employer changes hinder flexibility in the labor market.
  • National authorities would have increased responsibility in conducting inspections, monitoring and sanctioning non-compliant employers.

The proposed changes would streamline Single Permit applications across the European Union.

Amending the Long-Term Residents Directive
  • Foreign nationals would be permitted to accumulate residence in multiple EU Member States, which is currently only permitted for extended stay under an EU Blue Card (and in certain circumstances only).
  • Foreign nationals would be permitted to include stay as a student, seconded employee or beneficiary of international protection, which is currently not permitted, in their accumulated residence time count.
  • Foreign nationals would be able to move to another EU Member State more easily, by removal of labor market testing and employment quotas; reduced application processing and access to employment at most 30 days after submission of the application; and faster access to long-term residence in the second EU country.
The proposed changes would streamline access to EU Long-Term Residence, potentially improve student retention, and would offer significant improvements to those seeking to move and work in another EU Member State.
Creating an EU Talent Pool
  • By mid-2023, the EU Commission seeks to launch an EU-wide online platform to match foreign candidates with skills sought by employers.
  • Admission criteria for candidates and an access process for potential employers have yet to be established.
  • By July-August 2022, EU authorities plan to launch a pilot for Ukrainian temporary protection status holders.

This proposal is part of ongoing efforts by EU policy makers to improve the European Union’s attractiveness to foreign talent.

Background

  • Single Permit background. The Single Permit Directive was adopted in 2011 to streamline work and residence permit applications across the European Union. Current amendments seek to reduce the administrative burdens on employers and foreign nationals.
  • Long-Term Residents background. The Long-Term Residents Directive was adopted in 2003 to facilitate integration, labour market access and intra-EU mobility of legal residents. Current amendments seek to harmonize national policies and make them more transparent, and ensure that the EU Long-Term Residence becomes more popular with foreign national applicants, who are currently choosing national long-term residence schemes over the EU one.
  • EU Talent Pool. This effort follows initiatives such as Talent Partnerships (which are currently negotiated by the EU bilaterally with third countries). The EU Talent Pool is a tool the European Union wants to create to ensure a matching of skills and needs between EU employers and talent outside the European Union.

Looking ahead

  • Current proposal. The proposal for amendment of the Directives will be negotiated with the European Parliament and EU Council of Ministers, which can take several months to several years. Amendments are likely during the negotiation process, so the final adopted text may differ from the above. Once adopted, the amendments will have to be implemented in national law of each EU Member State, which typically takes a further two years. The EU Talent Pool is expected to be developed at a faster pace in line with the above timeline.
  • Forthcoming migration initiatives. EU authorities will be reviewing the Seasonal Workers Directive and the Intra-Company Transferee Directive as well. Legislative review of the proposals to update these Directives to current requirements are expected in the course of 2023. More generally, EU policy makers also seek to attract lesser-skilled individuals (particularly in the health care industry); improve international youth mobility; and harmonize admission schemes for start-ups and innovative entrepreneurs.
  • Fragomen’s mission. Fragomen has been consulting with EU stakeholders on these and other policy options to improve migration schemes to the European Union. As part of the European Commission’s Economic Migration Expert Group, Fragomen will continue monitoring and influencing EU institutional negotiations and implementing steps.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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