EU ‘Single permit’ Directive granting third-country workers rights comparable to those enjoyed by the EU nationals has passed the final hurdle

On 13 December 2011, the European Parliament’s plenary adopted the text of a directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State, more commonly referred to as the single permit directive.

Since this text has already been approved by the EU Member States, the European Parliament’s adoption of it is the end of the legislative procedure.

Once the text is published in the Official Journal of the EU, Member States will have two years to transpose it into their national laws.

Basically, as the title of the directive indicates, this legislative text is aimed at simplifying administrative requirements for third-country nationals by enabling them to obtain work and residence permits via a single procedure and grant them a standard set of rights comparable to those enjoyed by EU workers, such as decent, basic working conditions, recognition of educational and professional qualifications and access to social security.

Third-country nationals will also be granted treatment equal with that of EU nationals in matters concerning pay and dismissal, health and safety at work, the right to join trade unions, and access to public goods and services.

Member States will, however, be allowed to apply restrictions in the field of social security to third-country workers with contracts of less than six months’ duration.

Moreover, Member States will be able introduce further restrictions on access to social security for third-country nationals admitted to follow a course of study.

Excluded from the scope of this directive are third-country nationals whose status are already covered or will be covered by other pieces of EU legislation, such as long-term residents, refugees and other beneficiaries of international protection, posted workers, seasonal workers, intra-company transferees, au-pairs and seafarers.

At the request of MEPs, the directive ensures that third-country workers will be able to receive their pensions when moving back to their home country under the same conditions and at the same rates as the nationals of the Member State concerned.

MEPs also introduced amendments to enable third-country workers in employment or registered as unemployed to have access to vocational training and education.

During the negotiation process, Member States wanted to limit this right to only those in employment.

As pointed out by the European Parliament’s rapporteur on this directive, Véronique MATHIEU, it is first on legal migration to be adopted by co-decision, by both the Council and the Parliament.

“This directive is a first step towards a common European policy on economic migration”, said Ms MATHIEU.

Since it guarantees that “all persons working legally in Europe must have the same rights as European workers”, it “will therefore also help to combat unfair competition for European workers”, she added.