EU Takes Legal Action Against 17 Member States Over Single Permit Directive

London, United Kingdom Jul 17, 2026 ALN: The European Commission has taken a significant step this week by initiating legal action against 17 member states of the European Union (EU) regarding their failure to implement the single permit directive. This directive is designed to streamline the process for non-EU nationals seeking to work and reside in EU member states by providing a combined application procedure for both a work permit and a residence permit. Instead of having to navigate two separate bureaucratic processes, applicants can now apply for both permits simultaneously, which aims to simplify the immigration process and make Europe a more attractive destination for skilled labor from outside the EU.

The single permit directive was initially adopted in 2011, reflecting the EU's recognition of the need to attract skilled workers from non-EU countries to address labor shortages in various sectors. In 2024, the directive was revised to further enhance its provisions and to align with the changing labor market dynamics within the EU. The revised directive is part of broader efforts by the EU to remain competitive in a global labor market, especially in light of demographic changes and skill shortages that many member states are experiencing.

According to the European Commission, the directive required member states to incorporate its provisions into their national laws by May 21, 2026. However, a total of 17 member states—Belgium, Bulgaria, Germany, France, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Slovenia, Finland, and Sweden—have reportedly failed to communicate their complete transposition of the directive by the deadline set by the Commission. This failure to act has prompted the Commission to send letters of formal notice to these countries, marking the initiation of a legal procedure that could escalate to cases being brought before the EU Court of Justice if the member states do not comply.

The member states now have a two-month window to respond to the Commission’s notice and to confirm that they have transposed the updated single permit rules into their national legislation. If they fail to do so, the Commission may take further legal action, which could involve seeking penalties or other measures to ensure compliance. This legal action underscores the EU’s commitment to enforcing its directives and ensuring that member states adhere to their obligations under EU law.

One of the key changes introduced by the revised single permit directive is that workers will no longer be tied to a single employer who sponsored their initial work permit. This change is particularly significant as it allows for greater mobility among workers, enabling them to change jobs, employers, and even sectors under certain conditions. To facilitate this, the new employer must notify the competent authorities of the change. This flexibility is expected to empower workers and reduce their dependency on individual employers, which is a crucial factor in preventing exploitation and abuse in the workplace.

In 2024, it was reported that over 4.6 million non-EU citizens obtained the right to reside and work in the EU through the single permit procedure, according to data from Eurostat, the EU's statistical office. This figure highlights the importance of the single permit directive in attracting skilled labor to the EU and addressing labor shortages in various sectors, including healthcare, technology, and construction.

Another notable change in the revised directive is that applicants can now apply for the single permit either from a third country or from within the EU, provided they already hold a valid residence permit. This change is expected to make the process more accessible and attract a wider pool of talent to the EU labor market. Furthermore, the deadline for national authorities to decide on applications has been reduced from 120 days to 90 days, which aims to expedite the application process and provide quicker responses to potential workers.

For single permit holders who lose their jobs, the new rules provide an extended grace period during which they can remain in the EU while seeking new employment. Under the revised directive, individuals will have three months to find a new job while their permit is valid (an increase from the previous two months), or six months if they have resided in the country for more than two years. Member states retain the discretion to offer longer periods, which could further enhance job security for non-EU workers.

Isabelle Barthès, deputy general secretary of IndustriALL, a federation of independent trade unions in the EU, emphasized the significance of the single permit directive, stating that it is “very important legislation as skill shortages are met in many countries with third-country workers.” Barthès expressed concerns about ensuring fair working conditions for non-EU nationals and highlighted the risks of exploitation and abuse that can arise when workers are overly dependent on individual employers. Her comments reflect broader concerns among labor organizations regarding the treatment of migrant workers and the need for robust protections in the labor market.

Barthès's remarks also underscore the importance of the EU's commitment to social standards and workers' rights, particularly in the context of increasing globalization and competition for skilled labor. The ability for workers to change jobs without losing their legal status is a crucial step in promoting fair labor practices and preventing exploitation.

The failure of 17 member states to transpose the directive raises questions about their commitment to addressing labor shortages and enhancing the attractiveness of their labor markets to skilled workers from outside the EU. Barthès noted that the small number of countries that have complied with the directive indicates that it may not be a top priority for them, which could have implications for their economies and labor markets in the long term.

It is also important to note that the single permit directive does not apply in Denmark and Ireland, as both countries have opted out of EU policies related to justice and migration. This exemption reflects the varying approaches that different member states take towards immigration and labor policies, which can create disparities in how non-EU workers are treated across the EU.

In conclusion, the European Commission's legal action against these 17 member states serves as a reminder of the EU's commitment to enforcing its laws and ensuring that member states fulfill their obligations. The single permit directive represents a significant advancement in the EU's approach to immigration and labor market policies, and its successful implementation will be crucial in addressing skill shortages and promoting fair working conditions for non-EU nationals in the EU labor market.