On Tuesday 19 December, negotiators between the Spanish Presidency of the EU Council and European Parliament reached agreement on the revision of the directive on the single residence and work permit for third-country nationals, one of the EU’s legal migration tools.
This agreement was confirmed by the two parties on 20 December following final technical adjustments, and was then approved by the representatives of the Member States.
In particular, the revised rules provide for a shorter period for processing applications for a single permit (maximum 90 days compared to the current maximum of 120) and the introduction of the right for the holder of a single permit to change employer, which does not exist in the current directive and is not currently possible in several Member States.
Member States will therefore be able to introduce a minimum period of up to 6 months, during which it will not be possible to change employer. However, a Member State will be obliged to accept a change of employer in duly justified cases of serious breach by the employer of the contractual conditions of the contract or of the employment relationship of the holder of the single permit.
Another point of tension was the extension of the period of unemployment authorised for holders of a single permit to enable them to find a job, which the European Parliament wanted to increase to 9 months. Under the agreement, it will be extended to 3 months for the first 2 years of employment, and then to 6 months for holders of a single permit who have been working for more than 2 years.
The agreement will also introduce the possibility of applying for a single permit either from outside the territory of the Member State, or from within the territory as the holder of a valid residence permit.
A person will therefore be able to change their legal status if they already have a residence permit in the Member State in which they are applying, without having to return to their own country to submit their application.
The agreement also introduces two new articles into the directive in order to strengthen the guarantees for employees using the single permit with regard to penalties and checks/inspections. Improvements are also being made to equal treatment.
Member States must therefore provide for effective, proportionate and dissuasive sanctions against employers in the event of infringement of the national provisions adopted pursuant to this directive. These measures must include monitoring, evaluation and, where necessary, inspections.
And to make enforcement more effective, the amended proposal has introduced grievance mechanisms open not only to holders of a single permit, but also to third parties who have a legitimate interest in ensuring compliance with the directive.
“Our agreement shows that the EU is capable of offering migrants safer and more legal routes, which is the most effective way of combating irregular migration. Because of the labour shortage, European companies need to attract workers from outside the EU”, commented Spanish rapporteur Javier Moreno (S&D) in a press release.
“We are taking steps to prevent employers from circumventing or breaking the rules, and we now have specific measures to combat abusive practices and put an end to the exploitation of third-country workers”, he added. (Original version in French by Solenn Paulic)