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WORK PERMITS

EU to ease rules around the ‘single permit’ for non-EU workers

The European Parliament has pushed through changes that will ease the rules around the EU's so-called 'single permit' for third country nationals.

Published: 18 March 2024 16:21 CET
EU to ease rules around the 'single permit' for non-EU workers
European Union flags fly in in Brussels on March 11, 2021.

What is the EU ‘single permit’?

The EU’s single permit grants third country nationals both a work and residence permit for an EU country with one application.

In 2022, 3.6 million non-EU citizens were issued a single permit to both reside and work in the EU, according to the European statistics agency Eurostat. Almost half of them (48.8 per cent) of the permits were issued for work reasons. France, Spain, Italy and Portugal together issued 63 per cent.

It was designed to simplify access for people moving to the EU for work. It also aims to ensure that permit holders are treated equally to the citizens of the country where they live when it comes to working conditions, education and training, recognition of qualifications and more.

READ ALSO: What is the EU’s ‘single permit’ for third-country nationals and how do I get one?

So what will change exactly?

Workers moving to the European Union on the EU’s ‘single permit’ will no longer be tied to the employer who sponsored them, but they will be able to change jobs under certain conditions, based on new rules adopted by the European Parliament.

The European parliament has now endorsed by a large majority (465 votes in favour, 122 against and 27 abstentions) an update of the directive that regulates the single permit, which was first adopted in 2011.

The changes concern people who move to the EU for the purpose of work.

Under the new text, it will be possible for single permit holders to change employer, occupation and work sector, just with a notification from the new employer to the competent authorities. National authorities will have 45 days to oppose the change.

EU states will also have the option to require a period of up to six months during which the single permit holder has to remain with the first employer. A change during that period would be possible, however, if the employer seriously breaches the work contract, for instance imposing exploitative conditions.

Javier Moreno Sanchez, the Spanish member of the European Parliament who was in charge of the change, said: “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.”

Under the new rules, it will be possible to apply for the single permit from a third country or from within the EU, if the applicant already has a valid residence permit. “A person who is legally residing in the EU could request to change their legal status without having to return to their home country,” a note by the parliament explains.

After the application, authorities should issue the single permit within three months, instead of the current four, but the procedure can be extended by 30 days if the file is particularly complex, and the time to deliver the visa is excluded.

Under the changes single permit holders who lose their job will be able to stay in the EU country where they live for three months while the permit is valid (it’s two months under current rules), or six months if they have been in the country for more than two years, to find another job. But each state may decide to offer longer periods.

If a worker has experienced exploitation, member states can also extend by three months the period of unemployment during which the single permit remains valid.

In general, after three months of unemployment, authorities may require evidence that the permit holders have sufficient resources to support themselves without using social assistance.

When will changes take place?

It will still take some time before the new rules are in place. The text of the directive has already been agreed with EU governments but still has to be formally adopted by the EU Council. After that, EU countries will have two years to introduce the changes in their national law.

These rules do not apply in Denmark and Ireland because both have opted out from EU policies in the area of freedom, security and justice, which include external migration.

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DRIVING

EU countries to extend range of offences foreign drivers can be fined for

The EU has agreed to extend the number of driving offences for which motorists from other member states can be fined for and to make it easier for authorities to chase up the fines and make foreign drivers pay.

Published: 13 May 2024 17:28 CEST
EU countries to extend range of offences foreign drivers can be fined for

In the last voting session of this term, in April, the European Parliament passed new rules to ensure drivers who breach local traffic rules in another EU member state are found and fined.

The cross-border enforcement (CBE) directive was first adopted in 2015 after it was found that non-resident drivers were more likely to commit speeding offences. The European Commission estimated that in 2008, foreign drivers accounted for about 5 percent of road traffic in the EU but committed around 15 percent of speeding offences.

The directive partially improved the situation, but according to the Commission 40 percent of traffic violations committed in other EU countries are still unpunished “because the offender is not identified or because the fine is not enforced”.

In March 2023, the Commission therefore proposed updating existing measures.

New rules extend the type of offences that will trigger assistance from another member state and seek to improve collaboration among national authorities to identify and fine offenders.

The European Parliament and Council agreed in March on the final text of the directive, which is now being formally approved by the two institutions.

André Sobczak, Secretary-General at Eurocities, a group representing European cities in Brussels, said: “While the final outcome of the discussions is not ideal, we are pleased that EU policymakers have at least put the issue of the enforcement of local traffic rules on foreign vehicles on the table. As we approach an election year, I believe such a practical example can demonstrate why a European approach is necessary to address local issues.”

Which traffic offences are covered?

The previous directive covered eight driving misconducts that would require member states to cooperate: speeding, not wearing seat belts, failing to stop at a red traffic light, drink-driving, driving under the effect of drugs, not wearing a helmet (motorcycles / scooters), using a forbidden lane and using a mobile phone or other communication devices while driving.

The Commission proposed to add to the list not keeping a safe distance from the vehicle in front, dangerous overtaking, dangerous parking, crossing one or more solid white lines, driving the wrong way down a one way street, not respecting the rules on “emergency corridors” (a clear lane intended for priority vehicles), and using an overloaded vehicle.

The Parliament and Council agreed to these and added more offences: not giving way to emergency service vehicles, not respecting access restrictions or rules at a rail crossings, as well as hit-and-run offences.

Despite calls from European cities, the new directive does not cover offences related to foreign drivers avoiding congestion charges or low emission zones. In such cases, information about vehicle registration can only be shared among countries with bilateral agreements.

Karen Vancluysen, Secretary General at POLIS, a network of cities and regions working on urban transport, called on the next European Commission to take other local traffic offences, such as breaches of low emission zones, “fully at heart”.

Collaboration among national authorities

For the traffic violations covered by the directive, EU countries have to help each other to find the liable driver. The new directive further clarifies how.

Member states will have to use the European vehicle and driving licence information system (Eucaris) to get the data of the offender.

National authorities will have 11 months from the date of the violation to issue the fine to a vehicle from another EU member state. However, they will not have to resort to agencies or private entities to collect the fine. This was requested by the European Parliament to avoid scams or leaks of personal data.

Authorities in the country of the offender will have to reply to requests from another EU member state within two months.

When the amount of the fine is more than €70, and all options to have it paid have been exhausted, the member state where the violation occurred can ask the country of the offender to take over the collection.

The person concerned will be able to request follow-up documents in a different official EU language.

When will the new rules will be enforced?

Now that the EU Parliament has passed the law, the EU Council has to do the same, although there is no date set for when that will happen. Once the directive is adopted, EU countries will have 30 months to prepare for implementation.

Last year the Commission also proposed a new directive on driving licenses, but negotiations on the final text of this file will only take place after the European elections.

This article has been produced in collaboration with Europe Street news.

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