The EU Council’s Working Party on Integration, Migration and Expulsion (IMEX) will discuss, on 27 January, the revision of the directive on the ‘single permit’ for third country nationals to work and reside in the EU with a new compromise transmitted by the Swedish Presidency of the EU Council on 17 January.
Member States had already made it clear in previous texts that this directive organising legal labour migration to the EU does not affect their right “to determine the volumes of admission” of third country nationals.
In this new text, the Swedish Presidency determines the conditions under which a single permit holder can leave his first employer for another, although the minimum duration of the first job should in principle be 12 months (compared to 9 months in the Commission proposal).
In the event of loss of employment, the holder of the single permit will be able to keep his or her permit valid for two months, the text proposes, as opposed to three months in the Commission proposal.
The European Parliament’s rapporteur, Javier Sanchez Moreno (S&D, Spanish), wants a single permit holder who becomes unemployed to be able to stay in the country for another nine months to find a job (see EUROPE 13063/9).
The conditions set by Member States for a single permit holder to change employer after arriving in the EU include remaining in the same sector of activity.
The “change of employer must also be subject to a test/monitoring of the labour market situation and/or a requirement that the change of employer does not lead to a change in the occupational sector or in the substantial characteristics of the occupation for which the single permit was issued”.
However, in exceptional and duly justified cases, for example where the holder of a single permit is operated by the first employer or where the employer does not comply with his legal obligations towards the holder of the single permit, Member States should allow the change of employer before the expiry of that minimum period.
Facilitation of complaints and redress
Member States shall ensure that there are effective mechanisms through which third country workers may lodge complaints against their employers directly or through third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive, or through a competent authority of the Member State when provided for by national law, the text adds.
On the duration of the authorisation procedure for the single permit application, this validation period should in no case exceed four months, says the text, while the European Parliament rapporteur advocates for 90 days and also proposes an accelerated procedure in certain cases.
Link to the EU Council document: https://aeur.eu/f/4zs (Original version in French by Solenn Paulic)