The OJEU of 04-30-2024, has published Directive (EU) 2024/1233 of the European Parliament and of the Council, of April 24, 2024, which establishes a single application procedure for a single permit that authorizes third-country nationals to reside and work in the territory of a Member State and establishing a common set of rights for third-country workers legally residing in a Member State.
The Directive, which Member States must implement in their national laws within two years of its entry into force, concerns three main issues:
- The competent authority shall take a decision on the application for a single permit as soon as possible and in any case within ninety days from the date of submission of a complete application, even if an (external) labor market assessment is required for approval. of the permit. Only in the case of very complex requests will there be an additional 30 days to resolve the request.
- Third-country nationals with a single permit will now be able to change employers without having to submit a new application. However, Member States may choose to impose certain conditions for changing employer, such as having to notify the authorities, undergo a new labor market assessment or prescribe a minimum period during which a single permit holder must work for the first employer.
- Third-country nationals with a single permit may be unemployed for a certain period without losing the permit immediately. The single permit may not be withdrawn for a minimum period of three months in the case of unemployment or six months in the event that the foreigner has held the single permit for more than two years.
This Directive establishes:
- a single application procedure for the issuance of a single permit authorizing third-country nationals to reside for the purpose of working in the territory of a Member State, in order to simplify the admission procedures for these persons and facilitate control of its status;
- a common set of rights for third-country workers legally residing in a Member State, regardless of the purposes of their initial admission to the territory of that Member State, based on equality of treatment with nationals of that State member.
The Directive will not affect the right of Member States to establish admission volumes of third-country nationals in accordance with Article 79(5) TFEU.
Area of application:
The Directive will mainly apply to third-country nationals who:
a) apply for residence in a Member State for the purpose of working;
b) have been admitted to a Member State for purposes other than work, in accordance with Union or national law, are authorized to work and hold a residence permit in accordance with Regulation (EC) No. 1030/2002, or
c) have been admitted to a Member State for the purpose of working in accordance with Union or national law.
The Directive, however, includes a series of cases where it will not be applicable.
