Mobility rights of third country nationals in the European Union

Feb 19, 2025

Mobility rights in the European Union

A single permit that allows a non-EU national to work in all EU Member States does not exist. Each Member State has its own national provisions for work visas and stays exceeding 90 days. However, there are some EU Regulations (i.e., Schengen Borders Code, Schengen Visa Code) and Directives that grant some rights of movement, under certain conditions, to non-EU nationals settled in one EU Member State.

Stays up to 90 days in any 180-day period

Non-EU nationals (third-country nationals, TCNs) who hold a valid residence permit or visa in one Schengen State have the right to move freely within the Schengen area for business or tourism, but stays cannot exceed 90 days in any 180-day period. However, working activities are regulated by specific provisions of each Schengen country, and therefore, it is necessary to check local regulations if a TCN wants to work in a different country, even for short periods.

Long-Term Residents in Another Member State

The right to stay for more than three months, work, and eventually obtain permanent residency in another EU country is subject to specific conditions and provisions set forth in national legislation. However, there are common provisions as a consequence of several EU Directives that contain mobility provisions for TCNs and their families.

Under Directive 2003/109, TCNs who hold a “long-term resident’s EC residence permit” in one EU Member State have the right to reside for more than three months in a second Member State to exercise an economic activity, pursue studies, or for any other purpose, provided certain conditions are met.

A TCN holding such a permit in another Member State can apply for a residence permit in another Member State without applying for a new visa. Under certain conditions, this right also extends to their family members.

Directive 2003/109 provides Member States with greater discretion to apply additional measures when granting the right of residence. These discretionary areas include the possibility of applying a labor market test, imposing quotas, requiring proof of “appropriate accommodation,” compliance with integration measures, and evidence of stable and regular financial resources along with sickness insurance.

Highly Qualified Workers: EU Blue Card Holders

Directive 2009/50/EC, which has been repealed by Directive (EU) 2021/1883, sets out the conditions of entry and residence of TCNs for the purpose of highly qualified employment (i.e., EU Blue Card holders) and their family members for stays of more than three months in the territory of an EU Member State. Denmark and Ireland are not bound by this Directive.

The main requirements to obtain a Blue Card permit, according to Article 5 of the Directive, are:

1. A valid work contract or a binding job offer for highly qualified employment for at least six months in the concerned Member State. The salary threshold shall be at least 1.0 times but not higher than 1.6 times the average gross annual salary in the Member State. (A lower salary threshold—at least 80% of the required threshold—may apply to certain professions experiencing a labor shortage, provided it does not fall below the national average gross annual salary.)
2. For regulated professions: Documents proving the worker meets the legal requirements of the country.
3. For unregulated professions: Documents proving the worker has the relevant higher professional qualifications. This can be evidenced by:
   • A higher education qualification (a diploma from a post-secondary higher education program of at least three years).
   • At least five years of professional experience (or three years within the last seven years for ICT professionals) equivalent to a higher education degree.

Short-Term and Long-Term Mobility Under the EU Blue Card Scheme

• Short-Term Mobility: Blue Card holders from a Member State that fully applies the Schengen acquis can stay in other Schengen countries for business activities for up to 90 days within any 180-day period without additional authorization. If the Blue Card was issued by a Member State that does not fully apply the Schengen acquis, entry is still possible with a valid travel document and Blue Card. If crossing an internal border where controls exist, proof of business purposes may be required, but additional authorization cannot be requested.
• Long-Term Mobility: Blue Card holders can move to another Member State after legally residing in a first Member State for at least 12 months. However, all conditions in Article 5 must be reassessed in the second Member State. The right to mobility is also restricted to employment with a specific employer.

Intra-Company Transfers

Directive 2014/66 sets forth the conditions for TCNs entering and residing in the EU for intra-corporate transfers. This aims to facilitate the temporary assignment of highly skilled employees and trainees within multinational companies while ensuring fair competition and avoiding worker exploitation.

The Directive’s key goals include:

1. Facilitating intra-corporate transfers for managers, specialists, and trainees. Eligibility requires prior employment with the company for at least 3–12 consecutive months before the transfer. Permits are limited to three years for managers/specialists and one year for trainees.
2. Exemption from Schengen visa obligations, allowing short-term and long-term mobility.
3. Family members can accompany the transferee from the start and have the right to work.
4. Equal treatment in salary and social security benefits.

Posted Workers (Van der Elst Ruling)

A “posted worker” is an employee sent by their employer to provide a service in another EU Member State temporarily. The Van der Elst ruling (ECJ, 1994) established that Member States cannot impose additional work permits or administrative formalities on non-EU posted workers legally employed by an EU-based service provider.

However, Member States may still require compliance with minimum wage, working conditions, and social security regulations. The worker must:

• Have legal residence in the first Member State.
• Be employed under a valid contract in that country.
• Undertake the same type of work in the second country.
• Return to the first country after the posting ends.

Researchers & Students

Directive 2016/801 governs the entry and residence of non-EU researchers, students, and trainees. Researchers staying under three months in another Member State can work based on an existing hosting agreement from the first country. For stays exceeding three months, the second Member State may require a new agreement, subject to similar conditions met in the first country.

The Directive also covers: Training, voluntary service, pupil exchange schemes, educational projects, and au pair activities.

This article was written by Marco Mazzeschi and Yuu Shibata

Web Content Manager

This article is posted by Mazzeschi Web Content Manager. Should you need any further information, please do not hesitate to contact us at info@mazzeschi.it. Follow us on social media @StudioMazzeschi to receive the latest updates.

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