EU simplifies visa rules for foreign workers

EU institutions are set to simplify administrative rules for work and residence visas making it easier for third-country nationals who wish to work and live in the EU.

In a vote during the Strasbourg plenary session, the European Parliament confirmed on Wednesday (13 March) the provisional agreement EU institutions reached in December 2023.

It is now in the hands of the EU ministers to formally approve the deal before the end of this legislative mandate, which expire with EU elections in early June.

This legislative file is under the category of ‘legal migration’, to attract migrant workers to fill the gap of the EU labour market shortage.

This narrative starkly contrasts with the EU migration pact, a group of legislative proposals the EU is poised to adopt in the coming weeks, which aims to curb the number of migrants arriving at EU borders, seeking international protection.

EU institutions reach comprehensive deal on migration

EU institutions have reached a political agreement on five regulations that, for the first time, will lay down a harmonised approach to migration management for Europe, though NGOs have criticised the deal as going against basic human rights.

The new rules

The proposal will slightly facilitate administrative procedure for foreign workers to obtain a permit in the EU. It is an update of the Single Permit Directive adopted by EU institutions in 2011, a piece of legislation establishing EU rules in granting working permits.

According to the text, changes will not apply to Denmark and Ireland.

The directive reduces the time it takes for decisions for applicants, from four to three months. However, if a case is complex it’s extendible to a further 30 days.

Under the changes, individuals with a valid EU residence permit can now apply for a ‘single permit’ to change their legal status without returning to their home country.

Another change wanted by the European Parliament allows third-country nationals in the EU who wish to switch employers, occupations, or sectors to notify relevant authorities.

The latter has up to 45 days to raise any objections to the change and in certain cases, no further labour market tests are required.

EU countries may enforce a rule prohibiting changing employers within the first six months. However, if an employer grossly violates the employment contract, such as imposing extremely exploitative working conditions, it is still permissible for a change during this initial period, the text says.

Third-country nationals in the EU who are unemployed and hold a single permit will have up to three months to secure new employment before their right to work is revoked. For those whose permit has been valid for more than two years, this period extends to six months.

For workers experiencing exploitative conditions, a permit extension of a further three months is foreseen in the legislation. If the three months are not sufficient, permit holders may need to prove they can financially support themselves without social assistance.

“Regular migration is the best instrument to combat irregular migration and human traffickers. We need to address irregular migratory flows, foster coherence between the different legal migration instruments and facilitate foreign workers’ integration,” said the socialist Spanish MEP Javier Moreno Sanchez, and the rapporteur of the directive, after the vote.

“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 rapporteur added.

Member states will have two years to implement the directive from when it enters into force – a few days after the publication in the EU’s Official Journal.

Labour migration

This is not the first time the EU is pushing for proposals to open the job market to foreign workers.

Last November, the European Commission put forward a series of voluntary measures to facilitate the employment of third-country nationals in the EU in a bid to boost legal migration pathways and help member states address widespread skills and labour shortages.

Commission unveils package to attract migrant workers to EU labour market

The European Commission put forward a series of voluntary measures to facilitate the employment of third-country nationals in the EU in a bid to boost legal migration pathways and help member states address widespread skills and labour shortages.

Together with the Single Permit Directive, the EU was negotiating the Long Term one, a legislative file that would have greatly facilitated permanent visas and working permits for applicants, updating the current EU framework. However, EU ministers blocked the proposal before it could enter in inter-institutional negotiations with the Commission and the Parliament (the so-called trilogue).

EU member states position on long-term permits directive falls short, MEP says

EU member states’ position on the long-term residents directive is ‘far less ambitious’ than the European Parliament’s position, indicating tough negotiations ahead, MEP Damian Boeselager, who will be Parliament’s lead negotiator on the proposal, warned in an interview with Euractiv.

[Edited by Aurélie Pugnet / Rajnish Singh]