Members' Research Service By / January 13, 2023

Revision of Directive 2011/98/EU on the single permit to reside and work [EU Legislation in Progress]

Most migrants arrive in Europe legally to work, study or join family members. In 2019, EU Member States issued over three million first residence permits to non-EU third-country nationals (TCNs), of which more than one million were for employment purposes.

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Written by Anita Orav (2nd edition, updated on 06.06.2024).

Most migrants arrive in Europe legally, to work, study or join family members. Over a million of the first residence permits granted to non-EU third-country nationals in 2019 were for work purposes. The EU shares competence on legal migration with Member States but can set conditions for third-country nationals’ entry into and legal residence in Member States. However, Member States retain the right to determine admission numbers for third-country nationals seeking work. The Single Permit Directive lays down a single application procedure for a combined work and residence permit, and a common set of rights for third-country workers legally residing in an EU country.

In 2022, the European Commission announced an overhaul of the EU’s acquis on legal migration. It also proposed a recast of the Single Permit Directive, with the objective of simplifying the application process for living and working in the EU and improving rights for residents and their family members.

In the European Parliament, the proposal was assigned to the Committee on Civil Liberties, Justice and Home Affairs. On 20 December 2023, the Council and the Parliament reached an agreement. The act was then adopted by both institutions. Member States have two years to transpose the directive into national law.

Versions

Proposal for a directive of the European Parliament and of the Council 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)
Committee responsible:Civil Liberties, Justice and Home Affairs (LIBE)COM(2022)0655
27.4.2022
Rapporteur:Javier Moreno Sánchez (S&D, Spain)2022/0131(COD)
Shadow rapporteurs:Lena Düpont (EPP, Germany)
Jan-Christoph Oetjen (Renew, Germany)
Tineke Strik (Greens/EFA, the Netherlands)
Tom Vandendriessche (ID, Belgium)
Patryk Jaki (ECR, Poland)
Konstantinos Arvanitis (GUE/NGL, Greece)
Ordinary legislative
procedure (COD)
(Parliament and Council
on equal footing
– formerly ‘co-decision’)
Procedure complete
Directive (EU) 2024/1233
OJ L, 2024/1233, 30.4.2024
Stage: procedure completed

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