Directive 2011/98/EU 1 of 13 December 2011 on the single permit (2011 Directive) was recast on 30 April 2024. It has been replaced by Directive (EU) 2024/12332 of 24 April 2024 (2024 Directive), which will enter into force on 20 May 2024, except for certain provisions not entering into force until 22 May 2026.
As a reminder, the 2011 Directive, implemented into Luxembourg law on 19 June 2013 3, covers work and residence permits for third-country nationals (non-EU citizens). It introduced a single administrative procedure to merge the issuing of a residence and work permit (known as a "single permit") to a third-country national wishing to live and work in the EU. It also created a set of rights for this type of worker.
With this recast of the 2011 Directive, the EU legislative bodies wanted to introduce more efficient rules for combined work and residence permits and grant greater protection to third-country nationals.
Key points to note from the recast:
- Faster processing of applications. The 2024 Directive imposes a deadline of 90 days (as opposed to four months previously) for a decision to be taken on a complete application for a single permit, with the option of a 30-day extension for complex files
- Facilitation of applications from within a Member State. A third-country national will now be able to submit an application for a single permit:
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- if they reside outside the Member State to which they wish to be admitted (either in a third country or in another Member State);
- if they already reside in the Member State as the holder of a valid residence permit, for example: a third-country national with a residence permit applies for a different type of residence permit from within the Member State in which they are living and working legally; or
- if they are legally present in the Member State to which they wish to be admitted, in accordance with the national law of that Member State, for example: for a stay of less than three months.
- Change of employer. Holders of a single permit will now have the right to change employer, profession or work sector via a simplified procedure of notifying the new employer to the government minister responsible for immigration, rather than the previous requirement to obtain ministerial authorisation. The minister will have 45 days to object to the change, if appropriate, and a change of employer may be subject to a check of the labour market situation. If they wish, Member States will be able to impose a maximum period of six months during which a single permit holder may not change employer, other than in cases of serious breach by the employer.
- Unemployment. The 2024 Directive also introduces specific rules in the event of unemployment. Single permit holders will have three months to look for another job before their permit is withdrawn. This job-seeking period is increased to six months if the third-country national has held their permit for more than two years. Member States may, however, extend these periods. For periods of unemployment exceeding three months, the competent national authorities may require the permit holder to provide evidence that they have sufficient resources to maintain themselves without recourse to the social assistance system.
Luxembourg and the other Member States (other than Denmark and Ireland) have two years to update their national laws, which they must do by 21 May 2026.
We are available to answer any questions you may have about this reform or its potential implications for you and your business.
Footnotes
1. Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 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.
2. 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).
3. The 2011 Directive was implemented by (i) the law of 19 June 2013 amending 1. the amended law of 5 May 2006 on the right to asylum and complementary forms of protection; 2. the amended law of 29 August 2008 on the free movement of persons and immigration; and (ii) the Grand Ducal regulation of 19 June 2013 amending 1. the amended Grand Ducal regulation of 5 September 2008 implementing certain provisions concerning the administrative formalities provided for by the law of 29 August 2008 on the free movement of persons and immigration; 2. the amended Grand Ducal regulation of 5 September 2008 laying down the conditions and procedure for the issue of residence permits for salaried workers.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.