European Council gives green light for revision of the Single Permit Directive

On 12 April 2024, the European Council gave the green light to amend the European Single Permit Directive 2011/98/EU. A single permit is often abbreviated as a GVVA in the Netherlands (gecombineerde vergunning voor verblijf en arbeid).

The original Directive was introduced in 2011 with the aim of ending the fact that third-country nationals who wanted to live and work in the EU for more than 90 days had to submit two different applications: one for a residence permit and one for a work permit. Thus, under the new and current regime, a third-country national who wants to come and live and work in the Netherlands only has to submit one application and therefore receives only one permit, namely a GVVA.

The renewed Directive, which must be applied by Member States in their national laws within two years of its entry into force, changes the following three things:

1. The statutory 90-day decision period for deciding on a GVVA application will be tightened, including if an (external) labour market assessment opinion is required for permit approval.
2. Third-country nationals with a GVVA permit can now also change employers without having to submit a new application.
3. Third-country nationals with a GVVA permit may now also be unemployed for a certain period without losing the permit immediately.

Legal decision period

In countries like the Netherlands, a GVVA is usually only issued upon a positive labour market test advice from UWV, which looks at whether the applicant’s employer has made sufficient efforts to first attract an employee who does not need a residence permit, or already has a residence permit. This is often a Dutch or other EU national. As a result, the IND, which ultimately decides on a GVVA application, often does not meet the statutory decision period of 90 days because requesting this external UWV advice may be delayed.

The amendment to Directive 2011/98 EU should ensure that this can no longer be delayed. The entire process, including having to request a labour market test advice from UWV, should then take place within the statutory decision period of 90 days. Only in the case of very complex applications will the IND have an extra 30 days to decide on the application.

Change of employer

The renewed Directive will thus make it easier for a GVVA holder to change employer without having to apply for a new permit. However, Member States may choose to impose certain conditions for a switch of employer, such as having to notify the authorities, undergo a labour market test again or prescribe a minimum period during which a GVVA holder is required to work for the first employer before being allowed to change employers.

Retention of permit in case of unemployment

Under the revamped Directive, GVVA holders may also become unemployed for a certain period without losing their permit. Third-country nationals are allowed to remain in the Member State when unemployed if the total period of unemployment does not exceed three months during the validity period of the GVVA. If the third-country national has already had the GVVA for a period of two years, they are allowed to be unemployed for six months without losing their permit.

Entry into force Directive

The Directive will enter into force on the 20th day following its publication in the Official Journal of the European Union. This is expected to happen soon. Member states then have two years to transpose the directive into national law.