Brussels, 24/10/2007 (Agence Europe) - On Tuesday 23 October, the European Commission presented a draft directive to simplify procedures that immigrants have to follow if they want to live and work in the EU. Such a simplification will be introduced through the setting up of a single procedure for obtaining a single document which merges both residency and work permits. The draft directive also aims to provide migrants with the same fundamental socio-economic rights as those enjoyed by member state nationals. This new text, which is expected to be approved unanimously by member states, was jointly presented with the “blue card” project for highly qualified immigrants (EUROPE 9529).
Single procedure and permit. The proposal is targeting all immigrants and includes a one-stop-shop for all those making requests. The proposal will set up as a single request procedure and is aimed to simplify and speed up formalities for both employers and immigrants. This procedure will contain certain guarantees, such as access to information about what documentation should accompany requests, the obligation to provide a reason for refusals and the registration of the request within a 90 day period. Following admission, immigrants will receive a “single permit” which will enable them to live and work for an authorised period. It will be up to member states to designate what authorities will be responsible for procedures and granting the permit. The Commission is not ruling out member states being able to use their consulates abroad for this prupose. In practice, information on labour market access will figure on an already harmonised EU residency permit format. The proposal will oblige member states to indicate on all other residency permits granted for other reasons (family reunification, asylum, studies) if the third country national is allowed to work. This should, in particular, allow authorities to easily check whether a third country national of a third country is working legally or illegally in the EU. This mechanism completes the recent proposal for fighting against illegal employers (EUROPE 9428). The proposal does not harmonise admission conditions applicable to migrant workers, this will remain within the jurisdiction of member states.
Common basis for rights. The aim is to provide a common set of rights, comparable to those for Union citizens and all workers from third countries who have already been allowed into a member state and who are working there legally or who have a permanent residency permit. Such a text would subsequently help policies in fighting against the exploitation of immigrants in the EU. Fundamental socio-economic rights in the proposal are: rights recognised by the European Charter of Fundamental Rights and the European Convention on Human Rights, rights relating to the implementation of the principle of equal treatment between persons without discrimination of race or ethnic origin (Directive 2000/43/EC), as well as those focusing on the creation of a general framework for equal opportunities in employment (Directive 2000/78/EC), working conditions and pay, health and safety at work, training, recognition of qualifications and diplomas (when an immigrant has acquired a diploma in another country of the EU), education, union rights and social security, access to goods and services (such as access procedures to public and private housing), tax incentives, and the payment of pensions when the immigrant returns home. Each country is free to go beyond this common basis of rights and ensure that existing bilateral and international rights prevail. Third country nationals who already have a permanent resident status are not covered by this directive, given that they already benefit from preferential rights. Third country nationals admitted into a member state for seasonal work are not covered either (those working for a period of less than 6 out of 12 months), attached workers (Directive 1996/71/EC), workers transferred within the same company, contract service providers and graduate trainees. The proposition does not impact on the law of member states on family reunification. However, once a family member is admitted to a member state in accordance with the 2003 directive on family reunification, this person will be considered as a worker from a third country and will be covered by the new draft proposal. The United Kingdom, Denmark and Ireland are not participating in the adoption of this draft directive. (B.C.)