Last Updated on May 13, 2024
On 30 April, Directive 2024/1233 was published, incorporating and amending the previous Directive 2011/98/EU that instituted the single permit issued to third-country nationals wishing to reside and work in a Member State
The provision of a single application procedure leading to a combined title encompassing both residence and work permits has contributed to simplifying and harmonising immigration rules.
With the same view of making it easier for foreigners to enter Europe for work purposes and for companies to source the workforce they need, this measure speeds up the procedure for issue of the single permit and strengthens the protection of third-country nationals, also allowing for a change of employer and the possibility of remaining in the Member State even for a limited period of unemployment.
In detail, application may be submitted by the third-country national, the employer or by either of them, and the decision on it must be made within the shortened period of 90 days, instead of the four months previously stipulated.
It also provides for the possibility for single permit holders to change employer if certain conditions are met, that is that this change must be notified to the competent authority, must be subject to verification of the labour market situation, and must take place only after the holder has worked for the first employer for a certain period of time, which in any case shall not exceed six months.
The Directive also lays down the rules applicable in the event of unemployment of the single permit holder, stipulating that the third-country nationals are authorised to remain in the Member State, without the permit being withdrawn, provided that the period of unemployment does not exceed three months, or six if the permit is valid for more than two years.
With a view to strengthening equal treatment, third-country nationals are granted the same employment conditions as nationals of the Member State, which now also include working hours, leave, holidays, and gender equality (in addition to pay, dismissal and health and safety). Where collective rights are concerned, the Directive also expressly establishes their right to strike, take industrial action and negotiate collective agreements.
Lastly, in order to make the provisions of the Directive effective, States must put measures in place to prevent any possible abuse and to sanction violations of the obligations laid out, by adopting effective grievance mechanisms for the third-country workers that also include the possibility of taking legal action.
Member States will have until 21 May 2026 to transpose the new provisions of this Directive into their national laws.
Our Global Mobility team is at your complete disposal for any support or clarification you may need.
For further information: comunicazione@toffolettodeluca.it
