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(1) A number of amendments are to be made to Directive 2011/98/EU of the European Parliament and of the Council . In the interests of clarity, that Directive should be recast.

(2) The Union should ensure the fair treatment of third-country nationals who are legally residing in the territory of the Member States and a more vigorous integration policy should aim to grant those third-country nationals rights and obligations comparable to those of citizens of the Union.

(3) Provisions for a single application procedure leading to a combined title encompassing both residence and work permits within a single administrative act will contribute to simplifying and harmonising the rules currently applicable in Member States.

(4) In order to allow initial entry into their territory, Member States should be able to issue a single permit or, if they issue single permits only after entry, a visa. Member States should issue such single permits or visas in a timely manner.

(5) A set of rules governing the procedure for examination of the application for a single permit should be laid down in this Directive. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as be transparent, fair and non-discriminatory, in order to offer appropriate legal certainty to those concerned within a reasonable time frame.

(6) The European Pillar of Social Rights, proclaimed on 17 November 2017 in Gothenburg, establishes a set of principles to serve as a guide towards ensuring equal opportunities, access to the labour market, fair working conditions and social protection and inclusion. The review of Directive 2011/98/EU is part of the ‘Skills and talent’ package of measures which was proposed as a follow-up to the communication of the Commission of 23 September 2020 on a New Pact on Migration and Asylum. That review is also one of the elements of the communication of the Commission of 4 March 2021 on the European Pillar of Social Rights Action Plan.

(7) The provisions of this Directive should be without prejudice to the competence of the Member States to regulate the requirements for issuing a single permit for the purpose of work. This Directive should not affect the right of Member States in accordance with Article 79(5) of the Treaty on the Functioning of the European Union (TFEU). On that basis, Member States should be able to either consider an application for a single permit to be inadmissible or to reject it.

(8) This Directive should cover employment contracts and employment relationships between third-country nationals and employers. Where a Member State’s national law allows the admission of third-country nationals through temporary work agencies established on its territory and which have an employment relationship with the worker, such third-country nationals should not be excluded from the scope of this Directive. All provisions of this Directive concerning employers should equally apply to such agencies.

(9) Posted third-country nationals should not be covered by this Directive. This should not prevent third-country nationals who are legally residing and working in a Member State and posted to another Member State from continuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application of Directive 96/71/EC of the European Parliament and of the Council .

(10) Third-country nationals who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State should not be covered by this Directive, except for Chapter III, that should apply if in accordance with national law those third-country nationals are allowed to work and do so or have done so.

(11) Third-country nationals who have acquired long-term resident status in accordance with Council Directive 2003/109/EC should not be covered by this Directive given their globally more privileged status and their specific type of residence permit ‘long-term resident-EU’.

(12) Third-country nationals who have been admitted to the territory of a Member State to work on a seasonal basis and have applied for admission or have been admitted to the territory of a Member State in accordance with Directive 2014/36/EU of the European Parliament and of the Council should not be covered by this Directive given that they fall within the scope of Directive 2014/36/EU, which establishes a specific regime.

(13) The obligation on the Member States to determine whether the application is to be submitted by a third-country national or by the employer of that third-country national should be without prejudice to any arrangements requiring both to be involved in the procedure. The Member States should consider and examine applications for a single permit either where the third-country national is residing outside the territory of the Member State to which that third-country national wishes to be admitted, or where that third-country national is already residing in the territory of that Member State as a holder of a valid residence permit issued by that Member State in accordance with Council Regulation (EC) No 1030/2002 . Member States should also have the option of accepting applications submitted by other third-country nationals who are legally present on their territory.

(14) The provisions of this Directive on the single application procedure and on the single permit should not concern uniform or long-stay visas. Provided that the requirements laid down by Union or national law are fulfilled and where a Member State issues single permits only on its territory, the Member State concerned should issue the third-country national with the requisite visa to obtain a single permit.

(15) The time limit for adopting a decision on the application should include the time required to check the labour market situation, where such a check is carried out in connection with an individual application for a single permit. A general check of the labour market situation that is not linked to an individual application for a single permit is therefore not covered by the time limit for adopting a decision. Member States should endeavour to issue the requisite visa to obtain a single permit in a timely manner.

(16) In order to avoid duplication of work and prolongation of the procedures, Member States should endeavour to require applicants to submit the relevant documents only once and only carry out one substantial check of the documents submitted by the applicant for the issuing of both a single permit and, where applicable, the requisite visa to obtain a single permit.

(17) The designation of the competent authority under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application.

(18) The time limit for adopting a decision on the application should, however, not include the time required for the recognition of professional qualifications. This Directive should be without prejudice to national procedures on the recognition of diplomas.

(19) Where no decision is taken by the authorities within the time limits provided for in this Directive, any consequences should be determined by national law and should be open to legal redress.

(20) As referred to in the communication of the Commission of 27 April 2022 on Attracting skills and talent to the EU, ‘Talent Partnerships’ are one of the key tools of the New Pact on Migration and Asylum with regard to its external dimension. Those partnerships aim to strengthen cooperation between the Union, Member States and partner countries, boost international labour mobility and develop talent in a mutually beneficial and circular way. Accelerating the processing of single permit applications within the limits provided for in this Directive, could also contribute to the effective implementation of ‘Talent Partnerships’ with key partner countries.

(21) With the aim of making labour markets in the Union more efficient and attractive, Member States should be able to expedite the processing of single permit applications submitted by or on behalf of third-country nationals who are already single permit holders in another Member State, within the limits provided for in this Directive.

(22) The single permit should be drawn up in accordance with Regulation (EC) No 1030/2002, enabling Member States to enter further information, in particular as to whether the person is permitted to work or not. A Member State should indicate, inter alia, for the purpose of better control of migration, not only on the single permit but also on all the issued residence permits, the information relating to the permission to work, irrespective of the type of the permit or the residence permit on the basis of which the third-country national has been admitted to the territory and has been given access to the labour market of that Member State. Third-country nationals should have the right to verify the information contained on paper or in an electronic format and, where appropriate, to have it corrected or deleted, in accordance with Regulation (EC) No 1030/2002.

(23) The provisions of this Directive on residence permits for purposes other than work should apply only to the format of such permits and should be without prejudice to Union or national rules on admission procedures and on procedures for issuing such permits.