Labour migration: Different work permits for workers from outside the EU and how the EU is revising them to bolster legal labour migration

Europe is facing demographic changes with a rapidly aging population and low birth rates. Pensioners are expected to account for about one third of the EU population by 2050. This will have significant social and economic consequences, including increased demand for health care and social services, lower productivity and higher public expenditures.

To help address these challenges, the European Union has been encouraging legal migration to address labour shortages, fill skill gaps and boost economic growth.

Take a look at some of the legal pathways into the EU job market and what the European Parliament is doing to improve some of them.

Blue Card: attracting highly-skilled workers to the EU

The EU Blue Card is a work and residency permit that allows non-EU citizens to work and live in an EU country, provided they have a degree or equivalent qualification, and a job offer that meets a minimum salary threshold.

Revised rules come into effect by the end of 2023, setting the period of the job offer to a minimum of six months and reducing the salary threshold to at least 100% of the average gross annual salary in the country of employment.

The Blue Card is valid for up to four years and can be renewed. Cardholders may bring their family members to live with them in the EU.

It is recognised in all EU countries, except for Denmark and Ireland.

The Single Permit: a temporary and country-specific work permit

For those who do not qualify for the EU Blue Card, the Single Permit is an option. It is a combined work and residency permit, issued for up to two years by the EU country where the non-EU citizen will work and live.

The 2011 Single Permit Directive is currently being revised. To make the EU a more attractive prospect, the idea is to cut the application process from four months to 90 days. For applicants already holding a permit or selected through an EU talent partnership the process could be reduced to 45 days.

The permit will no longer be tied to a specific employer, allowing workers to change jobs, facilitating labour matching and reducing the worker’s vulnerability to exploitation. Workers would also be allowed to retain the single permit while unemployed for up to nine months.

MEPS approved the Parliament’s position in April 2023, enabling Parliament negotiators to start discussions on the final form of the law with the Council.

Who is the Single Permit for?

The Single Permit applies to almost all non-EU workers and their families, students with a job, seasonal workers and refugees. However, people waiting for an asylum request to be processed cannot apply for the Single Permit. In addition it does not cover anyone who is self-employed.

EU long-term resident status

EU long-term resident status allows people from outside the EU to stay and work in the EU for an indefinite period. It was introduced in 2003 as a means of promoting legal migration and integration of non-EU citizens. Once the status has been granted, the worker involved can move and work freely within the EU.

These rules are also being revised. Parliament wants to reduce the residence requirement necessary to qualify from five years to three, as proposed by the Commission, and to include refugees and other groups facing barriers. The new rules would ensure they are treated the same as EU citizens in areas such as employment, education, and social benefits.

Children whose parents have long-term resident status would acquire the same status automatically, irrespective of their place of birth.

Who is not eligible for EU long-term resident status?

EU long-term resident status is not for non-EU citizens who:

• are studying or following vocational training
• have a pending application for temporary or international protection
• reside within the EU solely on temporary grounds as an au pair, as workers posted by a service provider for the purposes of cross-border provision of services, or as a cross-border provider of services

Recognising migrants’ qualifications

MEPs are also calling for EU rules recognising the qualifications of migrant workers. They want professional qualifications as well as skills and competences acquired by a non-EU citizen in another EU country to be recognised in the same way as those of EU citizens. It is up to individual EU countries to decide on the recognition of qualifications acquired outside the EU.

In 2019, about 48% of highly-skilled migrants worked in low or medium-skilled jobs, compared tp just 20% of EU citizens. The most common form of occupation is as a cleaner or domestic helper, while 62% of computer programming firms and 43% of construction companies are reporting labour shortages.

EU countries can require migrants to speak their language at a proficient level before granting long-term residence, but in those cases should provide courses free of charge.