Co-funded by the European Union

European Union: New rules for single permits for third-country nationals to reside and work in the territory of a Member State

  • Directive (EU) 2024/1233, published on 30 April 2024, introduced a streamlined process for third-country nationals to obtain a single permit for both residence and work within an EU Member State, simplifying administrative procedures.
  • The Directive establishes standardised rights for third-country workers legally residing in an EU Member State, promoting fair treatment and integration.
  • Member States have until 21 May 2026 to transpose these provisions into national law, ensuring effective implementation and enforcement.

The recent enactment of Directive (EU) 2024/1233 brings about significant changes in the process for third-country nationals to live and work within the European Union (EU). It replaces the previous Directive 2011/98/EU and introduces a unified application procedure for residence and work permits, marking a major step towards harmonisation.

Impact on Labour Markets

The Directive is expected to positively impact EU labour markets by attracting skilled labour and addressing skill shortages in various sectors. The EU aims to create a more inclusive and efficient labour market by simplifying the permit process and enhancing workers' rights.

Employers can benefit from a more diverse and skilled workforce, contributing to economic growth and competitiveness.

Unified Application Procedure

The introduction of a single application procedure for third-country nationals seeking residence and work permits under Directive (EU) 2024/1233 significantly reduces administrative burdens for employers and applicants. This change is designed to expedite the approval process, ensuring that permits are issued promptly, thus facilitating smoother and quicker integration of third-country nationals into the labour market.

Common Set of Rights

The Directive established a standardised set of rights for third-country workers, ensuring fair treatment and aiming to provide comparable conditions to those enjoyed by EU citizens. Fundamental rights include equal treatment regarding terms of employment, remuneration, dismissal, and access to social security benefits. The Directive also emphasises the recognition of professional qualifications acquired in other Member States, promoting labour mobility and economic integration within the EU. It explicitly grants third-country nationals the same employment conditions as nationals, including working hours, leave, holidays, and gender equality.

Employer Responsibilities

Employers must ensure compliance with the single application procedure, provide accurate information about employment conditions, respect the rights granted to third-country workers, and inform workers about their rights and the status of their permit applications. The Directive allows single permit holders to change employers if certain conditions are met, such as notifying the competent authority, subjecting the change to labour market verification, and ensuring the worker has been with the initial employer for a maximum of six months.