Directive (EU) 2024/1233 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast)

What it is

PURPOSE: to recast the Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the vast majority of migrants arrive in Europe legally. In 2019, EU Member States issued more than three million first residence permits to third-country nationals, of which more than one million were for employment purposes. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Javier MORENO SÁNCHEZ (S&D, ES) on the proposal for a directive of the European Parliament and of the Council concerning a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast). The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows: Members specified that the proposed Directive should also apply to third-country nationals who apply to reside in a Member State for the purpose of work, including for the purposes of work-related training such as an apprenticeship . The amended text stated that an application to issue, amend or renew a single permit should be submitted by way of a harmonised single application procedure. Member States should allow applications for a single permit to be submitted by the third-country national or the third-country national’s employer. Where the third-country national submits an application, Member States should allow the application to be introduced both from a third country and in the territory of the Member State in which the third-country national is legally present. Where the employer submits the application, the Member State concerned should ensure that the third-country national on whose behalf the application has been submitted is kept informed about the status of the application and the outcome of the application in a timely manner and, where appropriate, in electronic format. Members set a limit of 90 days for reaching a decision on an application for a single permit, from the current four months. This time limit would be shortened to 45 days if the applicant were selected through an EU talent partnership or already holds a single permit in another EU country. The single permit should be valid for a minimum period equivalent to the duration of the contract of employment or, where the employment contract is of indefinite duration, for two years. Under the revised rules, there will be a simplified procedure to allow the worker to change employer. Member States should require that a change of employer be communicated by the new employer to the competent authorities in the Member State concerned prior to the…

Official title: Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast)