by Stefan Nerinckx – partner at Fieldfisher
On 16 November 2015, a political decision was reached on implementation of the Single Permit Directive, 2011/98/EU. The directive now needs to be implemented in national law. Since it’s a regionalised matter, each region will transpose it following the agreement reached on the issue.
'"The Single Permit will in principle replace the work permit procedures A, B and C – except for 12 categories of workers excluded from the scope of the directive."'
On 16 November 2015, a political decision was reached on implementation of the Single Permit Directive, 2011/98/EU.
It provides for:
• A single permit for residence and work for non-EU nationals;
• A single application procedure;
• Equal rights for non-EU nationals.
The directive now needs to be implemented in national law. Since it’s a regionalised matter, each region will transpose it following the agreement reached on the issue.
The political agreement embraces the following characteristics:
• The Single Permit will in principle replace the work permit procedures A, B and C – except for 12 categories of workers excluded from the scope of the directive (e.g., seasonal workers, ICT);
• The 16 November 2015 proposal must be implemented by law; this legislation will be regionalised;
• Employers must apply but the application is signed by both the employer (registered office) and the employee;
• When the regional authorities receive the application they will send a copy to the Dienst Vreemdelingenzaken/Service des Etrangers (which has 60 days to do a security check), as well as process the case;
• The application – once admissible – must be processed and completed within four months; current work permit applications take (only) a few weeks, though the proposal states that an emergency procedure can be applied for – further details will have to be worked out but it seems that it will only be available in very specific cases.
The single permit directive is deemed to be implemented in summer/fall 2016. Whether all regions will do at the same time is not clear yet. To be continued…
www.fieldfisher.com/locations/brussels
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