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Summaries of EU Legislation

Non-EU workers – easier residence and work formalities (until 2026)

SUMMARY OF:

Directive 2011/98/EU on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State

WHAT IS THE AIM OF THE DIRECTIVE?

Directive 2011/98/EU creates:

  • a combined single permit for residence and work for non-EU workers legally residing in an European Union (EU) Member State,
  • a single application procedure for this permit,
  • a set of rights (including equal treatment compared to nationals in that Member State) for non-EU workers covered by the directive.

KEY POINTS

Who is concerned?

The directive applies to non-EU nationals who are authorised to live or work in the EU, independently of their initial reason for admission. This includes:

  • non-EU nationals seeking to be admitted to a Member State in order to stay and work,
  • non-EU nationals who are already resident and have access to the labour market or are already working in a Member State.

Certain categories of non-EU nationals are not covered by the directive, such as those who have been granted EU long-term resident status (they are covered by other EU legislation).

Single application procedure

Authorities in Member States must treat any application for this single permit for residence and work (new, amended or renewed) as a single application procedure. They must decide whether the application is to be made by the non-EU national or by their employer (or by both).

The format of the single permit is the same as that described in Regulation (EC) No 1030/2002 establishing a single residence permit for non-EU country nationals.

Right to equal treatment

The single permit allows non-EU beneficiaries to enjoy a set of rights, including:

  • the right to work, reside and move freely in the issuing Member State,
  • the same conditions as nationals of the issuing Member State as regards working conditions (such as pay and dismissal, health and safety, working time and leave), education and training, recognition of qualifications, certain aspects of social security, tax benefits, access to goods and services including housing and employment advice services.

The directive sets specific criteria, based on which Member States can restrict equal treatment on certain issues (access to education/training, social security benefits such as family benefit or housing).

Repeal

Directive 2011/98/EU will be repealed and replaced by Directive (EU) 2024/1233 (see summary) as of .

FROM WHEN DO THE RULES APPLY?

Directive 2011/98/EU had to be transposed into national law by . These rules have applied since .

MAIN DOCUMENT

Directive 2011/98/EU of the European Parliament and of the Council of on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, , pp. 1–9).

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