EU changing law for the third-country temporary workers

The European Union is set to simplify administrative procedures for work and residence visas, facilitating easier access for third-country nationals wishing to work and live within its member states. During a plenary session in Strasbourg on March 13, the European Parliament confirmed the provisional agreement reached by EU institutions in December 2023.

The agreement now awaits formal approval from EU ministers, which must occur before the legislative mandate expires with the upcoming EU elections in early June. This legislative effort falls under the category of 'legal migration,' aimed at attracting migrant workers to address labor shortages across the EU.

This initiative contrasts sharply with the EU's migration pact, a collection of legislative proposals poised for adoption in the coming weeks, which aims to curb the number of migrants arriving at EU borders seeking international protection.

The proposal will slightly ease the administrative process for foreign workers to obtain permits in the EU. It updates the Single Permit Directive, first adopted in 2011, which established EU rules for granting work permits. According to the text, these changes will not apply to Denmark and Ireland.

The directive shortens the decision time for applicants from four to three months, with a possible 30-day extension for complex cases. It also allows individuals with a valid EU residence permit to apply for a 'single permit' to change their legal status without returning to their home country.

Additionally, third-country nationals in the EU who wish to switch employers, occupations, or sectors can now notify relevant authorities, who have up to 45 days to raise any objections. In certain cases, no further labor market tests are required. However, EU countries may enforce a rule prohibiting changing employers within the first six months unless the employer is found to be grossly violating the employment contract.

Unemployed third-country nationals holding a single permit will have up to three months to secure new employment before their right to work is revoked. If their permit has been valid for more than two years, this period extends to six months. For workers experiencing exploitative conditions, the legislation provides for a permit extension of up to three months. If this period is insufficient, permit holders may need to prove they can financially support themselves without social assistance.

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

He added, "The review of the Single Permit Directive will support workers from third countries to reach Europe safely and help European companies find the workers they need. At the same time, we will avoid and prevent labor exploitation by strengthening the rights of third-country workers and protecting them more effectively against abuse."

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