The Design of Single Permits: Facilitating Exploitation and Dependency

The design of combined residence and work permits (known as ‘single permits’) facilitates exploitation in the EU and increases migrant workers’ dependency on their employers, according to an analysis conducted by the Université Libre de Bruxelles (ULB).

Background of Single Permits

Single permits are based on a 2011 European directive aimed at offering a minimum set of rights to third-country nationals wishing to reside and work in the EU.

Revision of the Directive

In September 2020, the EU commission announced a revision of the directive (currently undergoing), pointing out that it had not fully achieved its objective of simplifying admission procedures.

“The revision of the EU single permit directive is a crucial opportunity to address this across the whole region,” said Lilana Keith, senior advocacy officer at the platform for international cooperation on undocumented migrants (PICUM). “This is one of the most important tools we have to break the chain of dependency”.

Shortcomings of the Directive

In 2021 alone, the EU granted 2.9 million permits — 70 per cent of which were issued to work in Spain, France, and Italy. But the short duration of permits, the lengthy, complex and costly procedures for obtaining them, or the difficulty of accessing support and information are some of the shortcomings of the directive, the report says.

As a directive, each member state has some room for manoeuvre to achieve the agreed objectives, but its implementation (and the difficulties it causes) varies from one EU country to another.

Variations in Permit Length and Lead Applicant

For example, while the minimum length of the permit is 90 days in countries such as Belgium, the Czech Republic and Spain (the focus of the report), the maximum length of the permit varies considerably.

Additionally, member states have the discretion to decide who is the lead applicant in the visa process. In line with the bloc’s labour mobility policy, the procedure is often led by the employer, which increases workers’ dependence on them.

Dependency on Employers and Limited Mobility

In countries like Belgium, the situation is even more critical because the work permit is tied to a single employer. If a migrant worker wants to change their employer, they have to start the process all over again, which deepens their dependency and exposes them to situations of exploitation due to the fear of losing their migratory status.

In other member states, such as the Czech Republic, it suffices to inform the relevant authorities of a change of employer.

Insufficient Time for Unemployment

In the event of unemployment, the time offered by some member states is also insufficient to find a new job, creating further obstacles for third-country nationals.

To provide these workers with minimum rights equal to EU nationals, besides reviewing permit duration, processing times and employer dependency, protection and monitoring mechanisms should be offered without leading to immigration enforcement.

“Such mechanisms should likewise ensure they do not result in workers losing their permits,” PICUM demands.