Non-EU workers – a single permit for residence and work in the EU (2026)

KEY POINTS

Scope

The directive:

• applies to non-EU-nationals who:
  • apply to live in a Member State to work,
  • have received permission to live in a Member State, whether for work or other reasons (if they have the right to work);
• does not apply to a range of non-EU nationals, such as family members of an EU citizen, seasonal workers, beneficiaries of international protection or those with the right to free movement within the EU.

Single application procedure

Member States:

• decide whether the non-EU national or their employer, or either, submits an application for the permit;
• have to consider and examine applications made by non-EU nationals residing either outside the Member State in question or, for those who hold a valid residence permit, directly in that Member State; Member States can also allow applications in their territory from other non-EU nationals legally present in a Member State;
• appoint a competent authority to receive the application, and decide on the complete application to issue, amend or renew a single permit covering both residency and work within 90 days of the application (an extra 30 days may be added for complex cases);
• use the uniform format for the permit set out in Regulation (EC) No 1030/2002;
• give a written explanation when rejecting an application or withdrawing a single permit and specify the court or administrative authority where the person concerned may lodge an appeal and the related time limit;
• make easily accessible and provide, when requested, information to the non-EU national and their future employer on the application process and their respective rights and obligations;
• may not charge disproportionate or excessive fees for processing an application.

Rights and equal treatment

Single permit holders have the right to:

• enter, live in and travel freely in the issuing Member State;
• carry out the work listed on the permit;
• be informed about their rights;
• change employer during the period of validity of the single permit under certain conditions;
• be unemployed and stay in the territory of a Member State:
  • for at least three months during the period of validity of the single permit if the non-EU national has been holder of a single permit for less than two years,
  • for at least six months during the period of validity of the single permit if the non-EU national has been holder of a single permit for more than two years – in this case, Member States may require single permit holders to provide evidence of having sufficient resources to maintain themselves without recourse to the social assistance system of the Member State concerned;
• stay in the territory of a Member State during the procedure for a renewal of a single permit;
• enjoy equal treatment with nationals of a Member State (though Member States may apply some restrictions), at least with regard to:
  • employment and working conditions, including pay, working hours, leave, holidays, and health and safety at the workplace,
  • the right to strike and take industrial action, and membership in trade unions,
  • education and vocational training,
  • the recognition of qualifications,
  • certain branches of social security and tax benefits,
  • access to public goods and services, including access to public and private housing, and advice from employment offices.

General provisions

Member States must:

• prevent possible abuses, including via inspections, and punish employers breaking national equal treatment law;
• enable non-EU nationals to lodge complaints against their employers, both directly and via third parties;
• make regularly updated information about the admission and residency conditions for the purpose of work, including the rights, obligations and procedural safeguards, easily accessible to the general public.

The European Commission shall report periodically, and no later than 21 May 2029, to the European Parliament and the Council of the European Union on the directive’s application.

The directive will repeal Directive 2011/98/EU (see summary) as from 22 May 2026. The directive does not apply in either Denmark or Ireland.