Directive 2024/1233 - 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 (recast) - Main contents
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Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 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 (recast)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2024/1233 |
| Original proposal | COM(2022)655  |
| CELEX number i | 32024L1233 |
| Document | 24-04-2024; Date of signature |
|---|---|
| Signature | 24-04-2024 |
| Effect | 20-05-2024; Entry into force Date pub. +20 See Art 20 22-05-2026; Application Partial application See Art 20 |
| Deadline | 30-06-2028; At the latest See Art 17.2 21-05-2029; At the latest See Art 17.1 |
| End of validity | 31-12-9999 |
| Transposition | 21-05-2026; See Art 18.1 |
Official Journal of the European Union |
EN L series |
2024/1233 |
30.4.2024 |
DIRECTIVE (EU) 2024/1233 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 April 2024
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
(recast)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2), points (a) and (b), thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
A number of amendments are to be made to Directive 2011/98/EU of the European Parliament and of the Council (4). In the interests of clarity, that Directive should be recast. |
(2) |
The Union should ensure the fair treatment of third-country nationals who are legally residing in the territory of the Member States and a more vigorous integration policy should aim to grant those third-country nationals rights and obligations comparable to those of citizens of the Union. |
(3) |
Provisions for a single application procedure leading to a combined title encompassing both residence and work permits within a single administrative act will contribute to simplifying and harmonising the rules currently applicable in Member States. |
(4) |
In order to allow initial entry into their territory, Member States should be able to issue a single permit or, if they issue single permits only after entry, a visa. Member States should issue such single permits or visas in a timely manner. |
(5) |
A set of rules governing the procedure for examination of the application for a single permit should be laid down in this Directive. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as be transparent, fair and non-discriminatory, in order to offer appropriate legal certainty to those concerned within a reasonable time frame. |
(6) |
The European Pillar of Social Rights, proclaimed on 17 November 2017 in Gothenburg, establishes a set of principles to serve as a guide towards ensuring equal opportunities, access to the labour market, fair working conditions and social protection and inclusion. The review of Directive 2011/98/EU is part of the ‘Skills and talent’ package of measures which was proposed as a follow-up to the communication of the Commission of 23 September 2020 on a New Pact on Migration and Asylum. That review is also one of the elements of the communication of the Commission of 4 March 2021 on the European Pillar of Social Rights Action Plan. |
(7) |
The provisions of this Directive should be without prejudice to the competence of the Member States to regulate the requirements for issuing a single permit for the purpose of work. This Directive should not affect the right of Member States in accordance with Article 79(5) of the Treaty on the Functioning of the European Union (TFEU). On that basis, Member States should be able to either consider an application for a single permit to be inadmissible or to reject it. |
(8) |
This Directive should cover employment contracts and employment relationships between third-country nationals and employers. Where a Member State’s national law allows the admission of third-country nationals through temporary work agencies established on its territory... |
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