For members


What is the EU’s ‘single permit’ for third-country nationals and can I get one?

In 2020, 2.7 million non-EU citizens were issued a so-called "single permit" to both reside and work in the EU. But what is the single permit, how does it work and what could change in the future?

What is the EU's 'single permit' for third-country nationals and can I get one?
This illustration photograph shows rain drops on the European Union flag during the EU-Western Balkans summit at Brdo Congress Centre, near Ljubljana on October 6, 2021. - Western Balkan countries can expect reassurances but no concrete progress on their stalled bids for European Union membership when EU leaders meet today. (Photo by Ludovic MARIN / AFP)

Among the recent proposals made by the European Commission to simplify the procedures for the entry and residence of non-EU nationals in the European Union, there is the reform of the ‘single permit’.

In 2020, 2.7 million non-EU citizens were issued a ‘single permit’ to both reside and work in the EU, according to the European statistics agency Eurostat. Five countries together issued 75% of the total, with France topping the list (940,000 permits issued), followed by Italy (345,000), Germany (302,000), Spain (275,000) and Portugal (170,000).

Seven in 10 single permits were granted for family and employment reasons (34 and 36 percent respectively) and just less than 10 percent for education purposes.

But what is this permit and how does it work?

What is the EU single permit?

The EU single permit is an administrative act that grants non-EU citizens both a work and residence permit for an EU member state with a single application.

It was designed to simplify access for people moving to the EU for work. It also aims to ensure that permit holders are treated equally to the citizens of the country where they live when it comes to working conditions, education and training, recognition of qualifications, freedom of association, tax benefits, access to goods and services, including housing and advice services.

Equal conditions also concern social security, including the portability of pension benefits. This means that non-EU citizens or their survivors who reside in a non-EU country and derive rights from single permit holders are entitled to receive pensions for old age, invalidity and death in the same way as EU citizens.

The single permit directive applies in 25 of the 27 EU countries, as Ireland and Denmark have opted out of all EU laws affecting ‘third country nationals’.

Who can apply for a single permit?

The directive covers non-EU nationals who apply to reside in an EU country for work or who are already resident in the EU for other purposes but have the right to access the labour market (for instance, students or family members of a citizen of the country of application).

As a general rule, these rules do not apply to long-term residents or non-EU family members of EU citizens who exercise the free movement rights or have free movement rights in the EU under separate laws, as their rights are already covered by separate laws.

It also does not apply to posted workers, seasonal workers, intra-corporate transferees, beneficiaries of temporary protection, refugees, self-employed workers and seafarers or people working on board of EU ships, as they are not considered part of the labour market of the EU country where they are based.

Each country can determine whether the application should be made by the non-EU national or the employer or either of them.

Applications from the individual are required for the Czech Republic, Estonia, Finland, Germany, Hungary, Luxembourg, Malta, Poland, Romania, Slovakia, Sweden. For Bulgaria and Italy it is the employer who has to apply, while applications are accepted from either the recipient or the employer for Austria, Croatia, Cyprus, France, Lithuania, the Netherlands, Portugal, Slovenia and Spain.

How long does it take to process the application?

The EU directive says the competent authority must decide on the application within 4 months from the date it was lodged. Only in exceptional circumstances the deadline can be longer.

Where no decision is taken within the time limit, national law determines the outcome. In some EU countries (including France, Italy and Spain) this is a tacit rejection while in others it is a tacit approval.

If the application is incomplete, the authority should notify the applicant in writing specifying which additional information is needed, and the time count should be suspended until these are received.

In case of rejection, the authority must provide the reasons and there is a possibility to appeal.

How does it work in practice?

Although the intention of the directive was to simplify the procedure and guarantee more rights, things always get complicated when it’s 25 countries turning rules into reality.

A 2019 report of the European Commission on how this law was working in practice showed that the directive “failed to address some of the issues it proposed to solve”.

The Commission had received several complaints and launched legal action against some member states.

Complaints concerned in particular excessive processing times by the relevant authorities, too high fees, problems with the recognition of qualifications and the lack of equal treatment in several areas, especially social security.

Only 13 countries allowed the transfer of pensions to non-EU countries. In France, invalidity and death pensions are not exportable to non-EU states. Problems were identified also in Bulgaria, the Netherlands and Slovenia.

In Italy single permit holders were excluded from certain types of family benefits and it was the EU Court of Justice that ruled, in September 2021, that single permit holders are entitled to a childbirth and maternity allowances as provided by Italian laws. The EU Court also rules that Italy and the Netherlands were charging too high fees.

Sweden restricts social security benefits for people living in the country for less than one year and takes too long to process single permit applications, according to the report.

Generally the report found that authorities were not providing sufficient information to the pubic about the permit and associated rights.

What will change?

As part of a package of measures to make working and moving in the EU country easier for non-EU nationals announced at the end of April, the European Commission has proposed some changes to improve the situation.

The Commission has suggested shortening the deadline for member states to issue a decision ensuring that the 4 month limit covers the issuing of visas and the labour market test (to prove there are no suitable candidates in the local market).

Under the proposal, fees should be proportionate and candidates should be able to submit the application both in the member state of destination and from a third country.

In addition, permit holders should be able to change employer during the permit’s validity, and the permit should not be withdrawn in case of unemployment for at least 3 months. These measures should reduce vulnerability to labour exploitation, the Commission says.

The Commission also suggests member states should introduce penalties against employers who do no respect equality principles especially with regard to working conditions, freedom of association and affiliation and access to social security benefits.

These proposals have to be approved by the European Parliament and Council and can be modified before becoming law.

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For members


Americans in France: Visas for second-home owners and customs rules for wine and cheese

From the visa situation for second home owners to tax reminders (for both countries) and whether or not you can take some of that delicious French cheese back to the US with you, here's our latest newsletter for Americans who either lives in France, visit frequently or plan to move here some day.

Americans in France: Visas for second-home owners and customs rules for wine and cheese

Welcome to The Local’s “Americans in France” monthly newsletter for members, featuring all the news and practical information you need as an American resident, visitor or second-home owner in France. You can sign up to receive it directly to your inbox before we publish it online via the link below.


We’ve received some questions from readers about whether France will eventually bring in a visa for second-home owners. This curiosity is likely due to the fact that recently French Senator Corinne Imbert, of the centre-right Les Républicains party, submitted an amendment to the new Immigration Law, which would bring in a new visa for second-home owners who live outside the EU. It would be a a five-year visa that would allow visits of up to six months at a time.

Unfortunately, this is far from being a done deal – we will have to wait until at least September for the first reading of the bill, and it is going to be a contentious one, so it is very hard to predict what the law will look like after debates and whether or not lawmakers will scrap this amendment. For now, the best course of action would be to follow the 90-day rule, or consider other visa options, like the short or long-stay visitor visa. Sadly – there are no loopholes.

Americans living in France should remember that the final date for filing US income taxes is June 15th. When you go to file your American taxes, there are two ways to avoid double taxation, via foreign income exclusion or the foreign tax credit. There are some pros and cons to both options, depending on your income level and whether or not you want to show taxable income in the United States.

As for your French taxes, if you live in départements 55-96 then you have a few more days (until June 8th). Everyone else should have already filed their tax declaration online. If you have not already, here is how to do so, and if you are wondering whether you are considered a tax resident of France, here is our guide

Onto the fun stuff. Whether you live in France and are planning a trip back to the States this summer, or vice versa, you can start planning which of your favourite wines and cheeses you’ll want to take back to the US with you. Provided you follow a few rules, this is entirely possible. Though, hopefully your preferred fromage is a hard cheese, rather than a soft or liquid one.

The Local has also put together a thorough listing of 27 French festivals and summer events worth checking out in the next few months, if you are looking for fun things to do while in l’Hexagone.

And finally – if you have any subjects you would like The Local to cover in this newsletter, or any questions, concerns, or tips related to Americans in France, don’t hesitate to fill out our survey HERE.

I’ll end on a piece of wisdom from a fellow American in France, Kevin K in Gournay-sur-Marne: “eat more Mexican food (or just spicy in general)”. I concur, and will slip in some advice of my own: I recently discovered that the international section at many Auchan Hypermarché (the giant ones) is a great place to find canned jalapeños and black beans. If you live in the Paris region, there are a few just on the edge of the city. Enjoy your next taco Tuesday.

Note: For those who received this newsletter on June 1st, you might have noticed I wrote “a few more weeks” for the June 8th French tax declaration deadline for depts 55-96. This should have read “a few more days”. Apologies for the mistake.