Background:

For the purpose of employment within the EU, third-country nationals must obtain a single permit that allows them to reside and work in their country of destination. The procedure to obtain a single permit involves checking both the conditions for residence, and the conditions for employment. This process can be very lengthy for various reasons, as all conditions need to be verified, which can be costly for both the third-country national and the employer.

Slovenia launched this query in order to learn more about the procedures in place across EU Member States to grant third-country nationals access to the labour market while they are awaiting the issuance of their single permit.

Respondents:

25 EMN Member and Observer Countries (including BE) provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• Out of the 25 responding countries, only 5 offer the possibility for third-country nationals who have applied for a single permit, but whose residence conditions have not yet been verified, to already access the labour market while awaiting the issuance of their single permit. This is not the case in BE, where third-country nationals can only begin employment once the Immigration Office has verified their residence conditions. Once notified of the positive decision, the employee can start working even if awaiting the issuance of the electronic single permit.
   
• In some countries, access to the labour market under these conditions is possible only for specific occupations. For instance, SI recently amended its legislation to allow workers in professions “absolutely necessary to eliminate the consequences of floods and landslides” to start work immediately after having applied for a single permit, while it is still being processed.
   
• Countries that have implemented this facilitated access to the labour market report that the main motivation is to circumvent lengthy processing times for the issuance of single permits.

For further information, please read the compilation of answers attached above.