Non-EU nationals get breathing space in Single Permit rules agreed by MEPs

MEPs gave their backing to updated rules in the Single Permit Directive of 2011, the single administrative procedure that allows non-EU nationals to live and work in the EU, with a common set of rights for these workers.

The report, by Spanish MEP Javier Moreno Sanchez (S&D) was adopted today with 465 votes in favour, 122 against – mainly conservative ECR and far-right ID members – and 27 abstentions.

 “Regular migration is the best instrument to combat irregular migration and human traffickers,” Moreno Sanchez said.

“We need to address irregular migratory flows, foster coherence between the different legal migration instruments and facilitate foreign workers’ integration. The review of the Single Permit Directive will support workers from third countries to reach Europe safely, and European companies to find the workers they need. At the same time we will avoid and prevent labour exploitation, by strengthening the rights of third countries’ workers and protecting them more effectively against abuse.”

The new rules are yet to be approved by member states, which will have then two years to introduce the changes to their national laws.

The MEPs agreed on a 90-day limit for a decision to be taken on applications for a single permit, compared to the current four months. Especially complex files might get a 30-day extension.

A holder of a valid residence permit will be able to apply for a Single Permit also from within the territory, so a person legally residing in the EU could request to change their legal status without having to return to their home country.

Single permit holders would have the right to change employer, occupation and work sector, with a simple notification from the new employer. National authorities will then have 45 days to oppose the change. MEPs limited the conditions under which this authorisation can be subject to labour market tests.

EU states then can require an initial period of up to six months during which a change of employer will not be possible. However, a change during that period would still be possible if the employer seriously breaches the work contract, for example by imposing particularly exploitative working conditions.

If a single permit holder is unemployed, they will have up to three months – or six if they have had the permit for more than two years – to find another job before their permit is withdrawn, compared to two months under the current rules. EU states may choose to offer longer periods.

If a worker has experienced particularly exploitative working conditions, member states shall extend by three months the period of unemployment during which the single permit remains valid.

 If a single permit holder is unemployed for more than three months, member states may require them to provide evidence that they have sufficient resources to support themselves without using the social assistance system.