Why is the Commission proposing a legal migration package?
The Commission is today proposing a set of ‘Skills and Talent’ proposals to address current demographic and migration challenges in the EU and prepare for future needs. The proposals are a deliverable of the EU’s comprehensive approach under the Pact on Migration and Asylum. An ambitious and sustainable EU legal migration policy will help to attract talent our economies need and create safe channels to reach Europe, supporting the EU’s green and digital transition, while contributing to making European societies more cohesive and resilient. The proposals address a number of persisting challenges including: the recovery of EU’s economy after the COVID-19 pandemic; the EU’s labour market shortages; the need to support the labour market integration of people fleeing Russia’s invasion of Ukraine; and to accompany the EU’s transition to green and digital economy.
Why do we need to revise the Long-term Residents and Single Permit Directives?
To address labour market shortages and to ensure that the EU attracts the skills and talent it needs, an efficient legislative framework is required to improve legal migration to the EU.
The Long-Term Residents Directive and the Single Permit Directive set the framework in terms of procedures and rights for a large part of the non-EU workers legally residing in the EU. However, both pieces of legislation have not fully achieved the objectives for which they were first adopted, in 2003 and 2011 respectively. The Long-Term Residents Directive is under-used by the Member States and does not provide for an effective right to mobility within the EU. The Single Permit Directive has not fully achieved its objective of simplifying admission procedures for all workers from non-EU countries. For these reasons, the Commission is proposing an overall revision of the two Directives. The main objectives are to make procedures more efficient and quicker, strengthen the mobility within the EU of nationals of non-EU countries that are already residing and working in the EU, further integration and prevent labour exploitation.
What are the main legislative changes proposed in the skills and talent package that the Commission is presenting?
The Commission is proposing to update the Single Permit Directive to further streamline the application procedure for a combined work and residence permit and enhance safeguards for equal treatment and protection from labour exploitation.
The main changes to the Single Permit Directive include:
- An obligation for Member States to accept applications filed both in the Member State of destination and from a third country;
- The 4 month time limit for issuing a decision must also cover the issuing of the requisite entry visa and the time needed to conduct a labour market test;
- The right for the permit holder to change employer during the permit’s validity. The permit should also not be withdrawn in the event of unemployment for at least 3 months; and
- New provisions on penalties against employers in case of violations of working conditions, freedom of association and access to social security benefits and to introduce complaints mechanisms. Readmore
