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Single permit procedure

The obligation on member states to have a single work/residence permit procedure will have major ramifications for countries that currently require non-EU workers to obtain two separate documents (e.g., Belgium). Decisions will need to be taken within four months of the application date and the permit must be delivered according to a uniform European model.

Yet the Directive's impact should not be overstated. Member states will retain the power to determine the conditions and the number of permits granted. Moreover, some important categories of legal migrants are excluded from the Directive's scope - including intra-corporate transferees, posted workers, long-term residents, refugees and seasonal workers.

Since some EU member states already apply a combined application procedure, the extent of the Directive's implications will vary from country to country.

Right to equal treatment

Third-country nationals who obtain a single permit will in future benefit from a common set of rights that are granted to EU employees. These include working conditions (e.g., salary, dismissal, safety and wellbeing at work), tax benefits, social security and public housing.

Member states will, however, have opportunities to restrict the application of equal treatment. They could, for example, decide to restrict access to public housing or make access to higher education dependent on language proficiency and/or payment of tuition fees.

Member states have until 25 December 2013 to transpose the Directive's requirements into their legal systems. Employers, migrants and advisers would be well advised to watch out for changes to national immigration laws and procedures during the two-year implementation period.

Directive 2011/98/EU of 13 December 2011, Official Journal of the European Union 23.12.2011 - available here (PDF).