Single application procedure
1. An application to issue, amend or renew a single permit shall be submitted by way of a single application procedure. Member States shall determine whether applications for a single permit are to be submitted by the third-country national or by the third-country national’s employer. Alternatively, Member States may allow applications to be submitted by either of the two.
2. An application for a single permit shall be considered and examined either where the third-country national is residing outside the territory of the Member State to which that third-country national wishes to be admitted, or where that third-country national is already residing in the territory of that Member State as a holder of a valid residence permit. A Member State may also accept, in accordance with its national law, applications for a single permit submitted by other third-country nationals who are legally present in its territory.
3. Member States shall examine an application submitted under paragraph 1 and shall adopt a decision to issue, amend or renew the single permit if the applicant fulfils the requirements laid down by Union or national law. A decision to issue, amend or renew the single permit shall constitute a single administrative act combining a residence permit and a work permit.
4. Provided that the requirements laid down by Union or national law are fulfilled and where a Member State issues single permits only on its territory, the Member State concerned shall issue the third-country national with the requisite visa to obtain a single permit.
5. Member States shall issue a single permit, where the conditions provided for are met, to third-country nationals who apply for admission and to third-country nationals already admitted who apply to renew or modify their residence permit after the entry into force of the national implementing provisions.
Competent authority
1. Member States shall designate an authority competent to receive the application and to issue the single permit.
2. The competent authority shall adopt a decision on the application for a single permit as soon as possible and in any event within 90 days of the date of submission of a complete application.
The time limit referred to in the first subparagraph shall cover checking the labour market situation where such a check is carried out in connection with an individual application for a single permit.
Where no decision is taken within the time limit provided for in this paragraph, any consequences shall be determined by national law.
3. The competent authority shall notify the decision to the applicant in writing in accordance with the notification procedures laid down in the relevant national law. Where the third-country national’s employer submits the application, Member States shall ensure that the employer informs the third-country national about the status of the application and its outcome in a timely manner.
4. If the information or documents in support of the application are incomplete according to the criteria specified in national law, the competent authority shall notify the applicant in writing of the additional information or documents required, setting a reasonable deadline to provide them. The time limit referred to in paragraph 2, first subparagraph of this Article, and the additional period referred to in Article 8(3) shall be suspended until the competent authority or other relevant authorities have received the additional information required. If the additional information or documents is not provided within the deadline set, the competent authority may reject the application.
Single permit
1. Member States shall issue a single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate the information relating to the permission to work in accordance with points (a)12 and (a)16 of the Annex thereto.
Member States may indicate additional information related to the employment relationship of the third-country national, such as the name and address of the employer, the place of work, type of work, working hours and remuneration, in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a)20 of the Annex thereto. In accordance with Article 4 of Regulation (EC) No 1030/2002, a third-country national to whom the single permit is issued shall have the right to verify personal information contained in that permit and, where appropriate, to have it corrected or deleted.
2. When issuing the single permit Member States shall not issue additional permits as proof of authorisation to access the labour market.
Residence permits issued for purposes other than work
1. When issuing residence permits for purposes other than work in accordance with Regulation (EC) No 1030/2002, Member States shall indicate the information relating to the permission to work irrespective of the type of the permit.
Member States may indicate additional information related to the employment relationship of the third-country national, such as the name and address of the employer, the place of work, type of work, working hours and remuneration, in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a)20 of the Annex thereto. In accordance with Article 4 of Regulation (EC) No 1030/2002, a third-country national to whom the residence permit is issued shall have the right to verify that additional information contained in that permit and, where appropriate, to have that information corrected or deleted.
2. When issuing residence permits in accordance with Regulation (EC) No 1030/2002, Member States shall not issue additional permits as proof of authorisation to access the labour market.
Procedural safeguards
1. Reasons shall be given in the written notification of a decision rejecting an application to issue, amend or renew a single permit, or a decision withdrawing a single permit on the basis of criteria provided for by Union or national law.
2. A decision rejecting the application to issue, amend or renew or a decision withdrawing a single permit shall take account of the specific circumstances of the case and respect the principle of proportionality, in accordance with Union and national law. Such a decision shall be open to legal challenge in the Member State concerned, in accordance with national law. The written notification referred to in paragraph 1 shall specify the court or administrative authority where the person concerned may lodge an appeal and the time limit therefor.
3. The time limit to take a decision pursuant to Article 5(2) may be extended for an additional period of 30 days, in exceptional and duly justified circumstances linked to the complexity of the application by means of a notification or a communication to the applicant in accordance with the procedures laid down by national law.
4. The period referred to in Article 11(3), third subparagraph, may be extended for an additional period of 15 days, in exceptional and duly justified circumstances.
Access to information
Member States shall make easily accessible, and provide upon request to the third-country national and the future employer:
(a)
adequate information on all the documentary evidence needed for an application, and, where appropriate, on the applicable fees;
(b)
information on entry and residence conditions, including the rights, obligations and procedural safeguards, including legal redress, of the third-country nationals and of their family members, and information on the workers’ organisations in accordance with national law.
Fees
Member States may require the payment of fees for the processing of applications in accordance with this Directive. The level of fees required by a Member State for the processing of applications shall not be disproportionate or excessive. Where fees for processing applications are paid by the employer, the employer shall not be entitled to recover such fees from the third-country national.
Rights on the basis of the single permit
1. Where a single permit has been issued, it shall authorise, during its period of validity, its holder at least to:
(a)
enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law;
(b)
have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national law;
(c)
exercise the specific employment activity authorised under the single permit in accordance with national law;
(d)
be informed about the holder’s own rights linked to the permit conferred by this Directive, other Union law or national law.
2. Member States shall allow a single permit holder to change employer. Member States may subject the right of a single permit holder to change employer to any of the conditions set out in paragraph 3.
3. During the period of validity of a single permit, Member States may:
(a)
require that a change of employer be notified to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law;
(b)
require that a change of employer be subject to a check of the labour market situation if the Member State concerned carries out checks of the labour market situation, for applications for a single permit;
(c)
require a minimum period during which the single permit holder is required to work for the first employer.
The minimum period referred to in the first subparagraph, point (c), shall not exceed the duration of the employment contract or the period of validity of the permit. It shall, in any event, not exceed six months. Member States shall allow a single permit holder to change employer before the expiration of that minimum period in duly justified cases of a serious breach by the employer of the terms and conditions of the employment relationship.
Where the Member State requires that a change of employer be notified in accordance with the first subparagraph, point (a), the right of the single permit holder to change employer may be suspended for a maximum period of 45 days from the date on which the notification to the national competent authorities was made. During that period, the national competent authorities may verify whether the conditions set out under the first subparagraph, points (b) and (c), as applicable, are fulfilled, and also verify whether the other requirements laid down by Union or national law continue to be fulfilled. The Member State may oppose the change of employer within that period of 45 days.
4. Unemployment in itself shall not constitute a reason for withdrawing a single permit provided that:
(a)
the total period of unemployment does not exceed three months during the period of validity of a single permit, or six months if the third-country national has been a holder of the single permit for more than two years;
(b)
the beginning and, where applicable, the end of any period of unemployment is notified to the competent authorities of the Member State concerned, in accordance with the relevant national procedures.
By way of derogation from the first subparagraph, point (a), the Member State may allow a single permit holder to be unemployed for a longer period.
For the purposes of the first subparagraph, point (b), Member States shall determine whether the third-country national or the third-country national’s employer shall notify the competent authorities.
For periods of unemployment longer than three months, 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.
Where an unemployed single permit holder finds a new employer within the allowed period of unemployment referred to in this paragraph, and a Member State subjects the taking up of the new employment to any of the conditions set out in paragraph 3, it shall allow the single permit holder to stay in its territory until the competent authorities have verified the fulfilment of the conditions set out in paragraph 3 even if the allowed period of unemployment has expired.
5. Where the validity of the single permit expires during the procedure for its renewal, Member States shall allow the third-country national to stay in their territory as if that third-country national were a single permit holder until the competent authorities have taken a decision on the application for its renewal.
6. Where, in accordance with the procedures laid down by national law, the competent authorities of the Member State establish that there are reasonable grounds to believe that a single permit holder has experienced particularly exploitative working conditions, as defined in Article 2, point (i), of Directive 2009/52/EC of the European Parliament and of the Council ( 24 ) , that Member State shall extend the allowed period of unemployment referred to in paragraph 4 of this Article, by three months.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
