EU immigration law updates: The New Single Permit Directive

Sep 18, 2024

The recast of the Single Permit Directive

In May 2024, the new Single Permit Directive entered into force and now, all the Member States (except for Denmark and Ireland) are required to transpose this Directive into their national law by May 2026.

The Single Permit allows Third-Country Nationals (TCN) to legally reside and work in the territory of a Member State, as well as to enjoy a set of rights similar to those of national workers in all areas related to employment (working conditions, education and vocational training, social security, etc.).

Background information

• The new Single Permit Directive is part of the ‘skills and talent’ package designed to address the shortcomings of the EU to legal migration. Together with the EU Blue Card Directive, its primary goal is to attract the skills and talents that the EU requires.
• Not all work permits fall under the category of “Single Permit”.
• Even though the new Single Permit has entered into forse, Member States still have time (until May 2026) to implement this directive. Meanwhile, the original Single Permit Directive (Directive 2011/98/EU) will be applicable.

Key aspects of the new Single Permit Directive

• The application (and renewal) process shall be more efficient. The new Single Permit Directive indicates in its article 5(2) that the competent authority shall adopt a decision within 90 days of the date of submission of a complete application.
• The Single Permit will not be linked to one specific employer. This means that the TCN will be able to change employers while continuing to reside legally in an EU Member State. However, in the event of changing the employer, the directive allows Member State to request 1) prior notification, 2) checks of the labour market situation and/or 3) require a minimum period during which the single permit holder is required to work for the first employer.
• The application for the Single Permit may be submitted by a TCN while residing in a non-EU country or while residing in the pertinent EU member state (provided that the applicant holds a valid residence permit).
• Unemployment shall not be grounds for the withdrawal of a Single Permit, provided that: (a) the total duration of unemployment does not exceed three months during the validity period of the single permit, or six months if the TCN has held the single permit for more than two years; (b) the start and, where applicable, the end of any unemployment period are communicated to the competent authorities of the relevant Member State in accordance with applicable national procedures.

Single Permit (Permesso Unico Lavoro) in Italy

The original Single Permit Directive (Directive 2011/98/EU) was implemented in Italy through Legislative Decree No. 40 on March 4, 2014. However, since Italy’s immigration law already included the provisions outlined in the Single Permit Directive, its implementation had minimal impact on national legislation.

Yuu Shibata

She is a Legal Counsel and she holds a Ph.D in Law (University of Bologna). She is specialized in European Union Law and she is the Head of the Japanese Desk and Spanish Desk. She is mother tongue Japanese and Spanish and speaks fluently Italian and English.

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