Background:

Estonia is currently preparing to recast the legislation governing the entry, residence and employment of third-country nationals. One of the primary objectives of this recasting is to establish a more streamlined and systematic framework for the entry, stay and employment of third-country nationals, effectively integrating various permits into an efficient and user-friendly system.

In the context of this recasting, the Estonian Ministry of the Interior requests information on national regulations and practices concerning long-stay D-visas, as well as employment of third-country nationals during short stays. Responses from other EMN Member Countries will contribute to a comparative analysis of Estonia’s regulations in relation to those of other countries.

Respondents:

21 EMN Member Countries (including BE) provided public answers to this ad hoc query.

Findings:

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

• In the majority of responding EMN Member Countries, third-country nationals staying on the basis of a short-stay visa or visa-free stay can work for a duration of less than 90 days. In some countries, third-country can work solely on the basis of a short-stay visa or visa-free stay (e.g. ES). In other countries, they are not permitted to work without a residence permit (e.g.: CY). To allow third-country nationals to work, some countries issue C-visas for employment purposes (e.g. AT), while others require a separate work permit (e.g. BE, FR) or registration (e.g. EE). Certain employment sectors are generally exempt from these requirements.
• The majority of responding EMN Member Countries issue long-stay D-visas to third-country nationals who wish to stay in the country for more than 90 days. Only a few countries do not issue long-stay D-visas (HU, CY, SE). In about half of the responding EMN Member Countries issuing long-stay visas, the issuance of the D-visa is linked to the procedure of a residence permit. Third-country nationals can already work on the basis of the D-visa before the residence permit in different countries (e.g.: EL where third-country nationals can work after the submission of the application for a residence permit); in others, third-country nationals have to wait until the residence permit is issued to work (e.g.: NL). In the other responding EMN Member Countries issuing long-stay visas, the issuance of the D-visa is not linked to another procedure and can be issued for different purposes (e.g.: DE). For third-country nationals to work on the basis of the D-visa, some countries require a separate work permit (e.g.: LT) or a registration of the professional activity (EE). If the D-visa is issued for employment purposes, a separate work permit is generally not required (e.g.: LV).  In BE,  applications for long-stay D-visas for the purpose of employment are made via the single permit procedure, in which both the work permit and the residence permit are processed simultaneously (by the regional authorities and the Immigration Office, respectively). Here too exemptions may apply depending on the type of work.

Please consult the compilation of answers above for more details.