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23.12.2011 Official
Journal
of
the
European
Union
L
343/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2011/98/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 December 2011
on a single application procedure for a single permit for third-country nationals to reside and work
in the territory of a Member State and on a common set of rights for third-country workers legally
residing in a Member State
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
nationals who are legally residing in the territory of the
EUROPEAN UNION,
Member States and that a more vigorous integration
policy should aim to grant them rights and obligations
comparable to those of citizens of the Union. The
Having regard to the Treaty on the Functioning of the European
European Council accordingly asked the Council to
Union, and in particular points (a) and (b) of Article 79(2)
adopt the legal instruments on the basis of Commission
thereof,
proposals. The need for achieving the objectives defined
at Tampere was reaffirmed by the Stockholm
Programme, which was adopted by the European
Having regard to the proposal from the European Commission,
Council at its meeting of 10 and 11 December 2009.
Having regard to the opinion of the European Economic and
(3) Provisions
for
a
single
application
procedure
leading
to
a
Social Committee ( 1 ),
combined title encompassing both residence and work
permits within a single administrative act will contribute
to simplifying and harmonising the rules currently
Having regard to the opinion of the Committee of the
applicable in Member States. Such procedural simplifi
Regions ( 2 ),
cation has already been introduced by several Member
States and has made for a more efficient procedure both
for the migrants and for their employers, and has
Acting in accordance with the ordinary legislative procedure ( 3 ),
allowed easier controls of the legality of their residence
and employment.
Whereas:
(4) In
order
to
allow
initial
entry
into
their
territory,
Member
States should be able to issue a single permit or, if they
(1) For
the
gradual
establishment
of
an
area
of
freedom,
issue single permits only after entry, a visa. Member
security and justice, the Treaty on the Functioning of
States should issue such single permits or visas in a
the European Union (TFEU) provides for measures to
timely manner.
be adopted in the fields of asylum, immigration and
protection of the rights of third-country nationals.
(5) A
set
of
rules
governing
the
procedure
for
examination
(2) The
European
Council,
at
its
special
meeting
in
Tampere
of the application for a single permit should be laid
on 15 and 16 October 1999, acknowledged the need for
down. That procedure should be effective and
harmonisation of national law governing the conditions
manageable, taking account of the normal workload of
for admission and residence of third-country nationals. In
the Member States’ administrations, as well as transparent
this context, it stated in particular that the European
and fair, in order to offer appropriate legal certainty to
Union should ensure fair treatment of third-country
those concerned.
( 1 ) OJ C 27, 3.2.2009, p. 114.
( 2 ) OJ C 257, 9.10.2008, p. 20.
(6) The
provisions
of
this
Directive
should
be
without
( 3 ) Position of the European Parliament of 24 March 2011 (not yet
prejudice to the competence of the Member States to
published in the Official Journal) and position of the Council at
regulate the admission, including the volumes of
first reading of 24 November 2011 (not yet published in the
Official Journal). Position of the European Parliament of
admission, of third-country nationals for the purpose of
13 December 2011 (not yet published in the Official Journal).
work.

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L 343/2
EN
Official Journal of the European Union
23.12.2011
(7) Posted
third-country
nationals
should
not
be
covered
by (14) The
single
permit
should
be
drawn
up
in
accordance
this Directive. This should not prevent third-country
with Council Regulation (EC) No
1030/2002, of
nationals who are legally residing and working in a
13 June 2002 laying down a uniform format for
Member State and posted to another Member State
residence permits for third-country nationals
( 3 ),
from continuing to enjoy equal treatment with respect
enabling Member States to enter further information, in
to nationals of the Member State of origin for the
particular as to whether or not the person is permitted to
duration of their posting, in respect of those terms and
work. A Member State should indicate, inter alia, for the
conditions of employment which are not affected by the
purpose of better control of migration, not only on the
application of Directive 96/71/EC of the European
single permit but also on all the issued residence permits,
Parliament and of the Council of 16 December 1996
the information relating to the permission to work, irre
concerning the posting of workers in the framework of
spective of the type of the permit or the residence title
the provision of services ( 1 ).
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.
(8) Third-country
nationals
who
have
acquired
long-term
resident status in accordance with Council Directive
2003/109/EC of 25 November 2003 on the status of
third-country nationals who are long-term residents (
(15) The
provisions
of
this
Directive
on
residence
permits
for

2 )
should not be covered by this Directive given their
purposes other than work should apply only to the
more privileged status and their specific type of
format of such permits and should be without
residence permit ‘long-term resident-EU’.
prejudice to Union or national rules on admission
procedures and on procedures for issuing such permits.
(9) Third-country
nationals
who
have
been
admitted
to
the
territory of a Member State to work on a seasonal basis
(16) The
provisions
of
this
Directive
on
the
single
permit
and
should not be covered by this Directive given their
on the residence permit issued for purposes other than
temporary status.
work should not prevent Member States from issuing an
additional paper document in order to be able to give
more precise information on the employment rela
(10) The
obligation on the Member States to determine
tionship for which the format of the residence permit
whether the application is to be made by a third-
leaves insufficient space. Such a document can serve to
country national or by his or her employer should be
prevent the exploitation of third-country nationals and
without prejudice to any arrangements requiring both to
combat illegal employment but should be optional for
be involved in the procedure. The Member States should
Member States and should not serve as a substitute for a
decide whether the application for a single permit is to
work permit thereby compromising the concept of the
be made in the Member State of destination or from a
single permit. Technical possibilities offered by Article 4
third country. In cases where the third-country national
of Regulation (EC) No 1030/2002 and point (a)16 of the
is not allowed to make an application from a third
Annex thereto can also be used to store such information
country, Member States should ensure that the appli
in an electronic format.
cation may be made by the employer in the Member
State of destination.
(17) The
conditions
and
criteria
on
the
basis
of
which
an
(11) The
provisions
of
this
Directive
on
the
single
application
application to issue, amend or renew a single permit
procedure and on the single permit should not concern
can be rejected, or on the basis of which the single
uniform or long-stay visas.
permit can be withdrawn, should be objective and
should be laid down in national law including the obli
gation to respect the principle of Union preference as
expressed in particular in the relevant provisions of the
(12) The
designation
of
the
competent
authority
under
this
2003 and 2005 Acts of Accession. Rejection and with
Directive should be without prejudice to the role and
drawal decisions should be duly reasoned.
responsibilities of other authorities and, where applicable,
the social partners, with regard to the examination of,
and the decision on, the application.
(18) Third-country
nationals
who
are
in
possession
of
a
valid
travel document and a single permit issued by a Member
(13) The
deadline
for
adopting
a
decision
on
the
application
State applying the Schengen acquis in full, should be
should not include the time required for the recognition
allowed to enter into and move freely within the
of professional qualifications or the time required for
territory of the Member States applying the Schengen
issuing a visa. This Directive should be without
acquis in full, for a period up to three months in any
prejudice to national procedures on the recognition of
six-month period in accordance with Regulation (EC)
diplomas.
No 562/2006 of the European Parliament and of the
Council of 15 March 2006 establishing a Community
( 1 ) OJ L 18, 21.1.1997, p. 1.
( 2 ) OJ L 16, 23.1.2004, p. 44.
( 3 ) OJ L 157, 15.6.2002, p. 1.

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EN
23.12.2011 Official
Journal
of
the
European
Union
L
343/3
Code on the rules governing the movement of persons
accordance with Council Directive 2005/71/EC of
across borders (Schengen Borders Code)
( 1 ) and
12 October 2005 on a specific procedure for admitting
Article 21 of the Convention implementing the
third-country nationals for the purposes of scientific
Schengen Agreement of 14 June 1985 between the
research ( 5 ).
Governments of the States of the Benelux Economic
Union, the Federal Republic of Germany and the
French Republic on the gradual abolition of checks at
their common borders ( 2 ) (Schengen Convention).
(21) The
right
to
equal
treatment
in
specified
fields
should
be
strictly linked to the third-country national’s legal
residence and the access given to the labour market in
(19) In
the
absence
of
horizontal
Union
legislation,
the
rights
a Member State, which are enshrined in the single permit
of third-country nationals vary, depending on the
encompassing the authorisation to reside and work and
Member State in which they work and on their
in residence permits issued for other purposes containing
nationality. With a view to developing further a
information on the permission to work.
coherent immigration policy and narrowing the rights
gap between citizens of the Union and third-country
nationals legally working in a Member State and comple
menting the existing immigration acquis, a set of rights
(22) Working conditions
as referred to in this Directive
should be laid down in order, in particular, to specify the
should cover at least pay and dismissal, health and
fields in which equal treatment between a Member State’s
safety at the workplace, working time and leave taking
own nationals and such third-country nationals who are
into account collective agreements in force.
not yet long-term residents is provided. Such provisions
are intended to establish a minimum level playing field
within the Union, to recognise that such third-country
nationals contribute to the Union economy through their
(23) A
Member
State
should
recognise
professional
qualifi
work and tax payments and to serve as a safeguard to
cations acquired by a third-country national in another
reduce unfair competition between a Member State’s own
Member State in the same way as those of citizens of the
nationals and third-country nationals resulting from the
Union and should take into account qualifications
possible exploitation of the latter. A third–country
acquired in a third country in accordance with
worker in this Directive should be defined, without
Directive 2005/36/EC of the European Parliament and
prejudice to the interpretation of the concept of
of the Council of 7 September 2005 on the recognition
employment relationship in other provisions of Union
of professional qualifications ( 6 ). The right to equal
law, as a third-country national who has been admitted
treatment accorded to third-country workers as regards
to the territory of a Member State, who is legally residing
recognition of diplomas, certificates and other profes
and who is allowed, in the context of a paid relationship,
sional qualifications in accordance with the relevant
to work there in accordance with national law or
national procedures should be without prejudice to the
practice.
competence of Member States to admit such third-
country workers to their labour market.
(20) All
third-country
nationals
who
are
legally
residing
and
working in Member States should enjoy at least a
common set of rights based on equal treatment with
(24) Third-country workers should enjoy equal treatment as
the nationals of their respective host Member State, irre
regards social security. Branches of social security are
spective of the initial purpose of or basis for admission.
defined in Regulation (EC) No
883/2004 of the
The right to equal treatment in the fields specified by this
European Parliament and of the Council of 29 April
Directive should be granted not only to those third-
2004 on the coordination of social security systems ( 7 ).
country nationals who have been admitted to a
The provisions on equal treatment concerning social
Member State to work but also to those who have
security in this Directive should also apply to workers
been admitted for other purposes and have been given
admitted to a Member State directly from a third
access to the labour market of that Member State in
country. Nevertheless, this Directive should not confer
accordance with other provisions of Union or national
on third-country workers more rights than those
law, including family members of a third-country worker
already provided in existing Union law in the field of
who are admitted to the Member State in accordance
social security for third-country nationals who are in
with Council Directive 2003/86/EC of 22 September
cross-border situations. This Directive, furthermore,
2003 on the right to family reunification ( 3 ); third-
should not grant rights in relation to situations which
country nationals who are admitted to the territory of
lie outside the scope of Union law, such as in relation to
a Member State in accordance with Council Directive
family members residing in a third country. This
2004/114/EC of 13 December 2004 on the conditions
Directive should grant rights only in relation to family
of admission of third-country nationals for the purposes
members who join third-country workers to reside in a
of studies, pupil exchange, unremunerated training or
Member State on the basis of family reunification or
voluntary service
( 4 ); and researchers admitted in
family members who already reside legally in that
Member State.
( 1 ) OJ L 105, 13.4.2006, p. 1.
( 2 ) OJ L 239, 22.9.2000, p. 19.
( 5 ) OJ L 289, 3.11.2005, p. 15.
( 3 ) OJ L 251, 3.10.2003, p. 12.
( 6 ) OJ L 255, 30.9.2005, p. 22.
( 4 ) OJ L 375, 23.12.2004, p. 12.
( 7 ) OJ L 166, 30.4.2004, p. 1.

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Official Journal of the European Union
23.12.2011
(25) Member
States
should
ensure
at
least
equal
treatment
of
(31) This Directive respects the fundamental rights and
third-country nationals who are in employment or who,
observes the principles recognised by the Charter of
after a minimum period of employment, are registered as
Fundamental Rights of the European Union in
unemployed. Any restrictions to the equal treatment in
accordance with Article 6(1) of the TEU.
the field of social security under this Directive should be
without prejudice to the rights conferred pursuant to
Regulation (EU) No
1231/2010 of the European
(32) In
accordance
with
the
Joint
Political
Declaration
of
Parliament and of the Council of 24 November 2010
Member States and the Commission on explanatory
extending Regulation (EC) No 883/2004 and Regulation
documents of 28 September 2011, Member States have
(EC) No 987/2009 to nationals of third countries who
undertaken to accompany, in justified cases, the notifi
are not already covered by these Regulations solely on
cation of their transposition measures with one or more
the ground of their nationality ( 1 ).
documents explaining the relationship between the
components of a directive and the corresponding parts
of national transposition instruments. With regard to this
(26) Union law does not limit the power of the Member
Directive, the legislator considers the transmission of
States to organise their social security schemes. In the
such documents to be justified.
absence of harmonisation at Union level, it is for each
Member State to lay down the conditions under which
social security benefits are granted, as well as the amount
of such benefits and the period for which they are
(33) In accordance with Articles 1 and 2 of the Protocol
granted. However, when exercising that power, Member
(No 21) on the position of the United Kingdom and
States should comply with Union law.
Ireland, annexed to the TEU and to the TFEU, and
without prejudice to Article 4 of that Protocol, those
Member States are not taking part in the adoption of
this Directive and are not bound by it or subject to its
(27) Equal
treatment
of
third-country
workers
should
not
apply to measures in the field of vocational training
application.
which are financed under social assistance schemes.
(34) In accordance with Articles 1 and 2 of the Protocol
(28) This Directive should be applied without prejudice to
(No 22) on the position of Denmark, annexed to the
more favourable provisions contained in Union law
TEU and to the TFEU, Denmark is not taking part in
and applicable international instruments.
the adoption of this Directive and is not bound by it
or subject to its application,
(29) Member
States
should
give
effect
to
the
provisions
of
this
Directive without discrimination on the basis of sex, race,
HAVE ADOPTED THIS DIRECTIVE:
colour, ethnic or social origin, genetic characteristics,
language, religion or beliefs, political or other opinions,
membership of a national minority, fortune, birth,
disabilities, age or sexual orientation in particular in
CHAPTER I
accordance with Council Directive 2000/43/EC of
GENERAL PROVISIONS
29 June 2000 implementing the principle of equal
treatment between persons irrespective of racial or
Article 1
ethnic origin ( 2 ) and Council Directive 2000/78/EC of
Subject matter
27 November 2000 establishing a general framework
for equal treatment in employment and occupation ( 3 ).
1. This
Directive
lays
down:
(30) Since
the
objectives
of
this
Directive,
namely
laying
down
(a) a single application procedure for issuing a single permit for
a single application procedure for issuing a single permit
third-country nationals to reside for the purpose of work in
for third-country nationals to work in the territory of a
the territory of a Member State, in order to simplify the
Member State and a common set of rights for third-
procedures for their admission and to facilitate the control
country workers legally residing in a Member State,
of their status; and
cannot be sufficiently achieved by the Member States
and can therefore, by reason of the scale and effects of
the action, be better achieved at Union level, the Union
may adopt measures, in accordance with the principle of
(b) a common set of rights to third-country workers legally
subsidiarity as set out in Article 5 of the Treaty on
residing in a Member State, irrespective of the purposes
European Union (TEU). In accordance with the
for which they were initially admitted to the territory of
principle of proportionality as set out in that Article,
that Member State, based on equal treatment with
this Directive does not go beyond what is necessary in
nationals of that Member State.
order to achieve those objectives.
2. This Directive is without prejudice to the Member States’
( 1 ) OJ L 344, 29.12.2010, p. 1.
( 2 ) OJ L 180, 19.7.2000, p. 22.
powers concerning the admission of third-country nationals to
( 3 ) OJ L 303, 2.12.2000, p. 16.
their labour markets.

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23.12.2011 Official
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European
Union
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Article 2
equivalent to those of citizens of the Union under
agreements either between the Union and the Member
Definitions
States or between the Union and third countries;
For the purposes of this Directive, the following definitions
apply:
(c) who are posted for as long as they are posted;
(a) ‘third-country national’ means a person who is not a citizen
of the Union within the meaning of Article 20(1) TFEU;
(d) who have applied for admission or have been admitted to
the territory of a Member State to work as intra-corporate
transferees;
(b) ‘third-country worker’ means a third-country national who
has been admitted to the territory of a Member State and
who is legally residing and is allowed to work in the context
(e) who have applied for admission or have been admitted to
of a paid relationship in that Member State in accordance
the territory of a Member State as seasonal workers or au
with national law or practice;
pairs;
(c) ‘single permit’ means a residence permit issued by the
(f) who are authorised to reside in a Member State on the basis
authorities of a Member State allowing a third-country
of temporary protection, or who have applied for authori
national to reside legally in its territory for the purpose of
sation to reside there on that basis and are awaiting a
work;
decision on their status;
(d) ‘single application procedure’ means any procedure leading,
(g) who are beneficiaries of international protection under
on the basis of a single application made by a third-country
Council Directive 2004/83/EC of 29 April 2004 on
national, or by his or her employer, for the authorisation of
minimum standards for the qualification and status of
residence and work in the territory of a Member State, to a
third-country nationals or stateless persons as refugees or
decision ruling on that application for the single permit.
as persons who otherwise need international protection and
the content of the protection granted ( 2 ) or who have
applied for international protection under that Directive
Article 3
and whose application has not been the subject of a final
Scope
decision;
1. This
Directive
shall
apply
to:
(h) who are beneficiaries of protection in accordance with
national law, international obligations or the practice of a
(a) third-country nationals who apply to reside in a Member
Member State or have applied for protection in accordance
State for the purpose of work;
with national law, international obligations or the practice
of a Member State and whose application has not been the
(b) third-country nationals who have been admitted to a
subject of a final decision;
Member State for purposes other than work in accordance
with Union or national law, who are allowed to work and
who hold a residence permit in accordance with Regulation
(i) who are long-term residents in accordance with Directive
(EC) No 1030/2002; and
2003/109/EC;
(c) third-country nationals who have been admitted to a
(j) whose removal has been suspended on the basis of fact or
Member State for the purpose of work in accordance with
law;
Union or national law.
(k) who have applied for admission or who have been admitted
2. This
Directive
shall
not
apply
to
third-country
nationals:
to the territory of a Member State as self-employed workers;
(a) who are family members of citizens of the Union who have
(l) who have applied for admission or have been admitted as
exercised, or are exercising, their right to free movement
seafarers for employment or work in any capacity on board
within the Union in accordance with Directive 2004/38/EC
of a ship registered in or sailing under the flag of a Member
of the European Parliament and of the Council of 29 April
State.
2004 on the right of citizens of the Union and their family
members to move and reside freely within the territory of
the Member States (
3. Member
States
may
decide
that
Chapter
II
does
not
apply

1 );
to third-country nationals who have been either authorised to
work in the territory of a Member State for a period not
(b) who, together with their family members, and irrespective
exceeding six months or who have been admitted to a
of their nationality, enjoy rights of free movement
Member State for the purpose of study.
( 1 ) OJ L 158, 30.4.2004, p. 77.
( 2 ) OJ L 304, 30.9.2004, p. 12.

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4. Chapter
II
shall
not
apply
to
third-country
nationals
who 3. The
competent
authority
shall
notify
the
decision
to
the
are allowed to work on the basis of a visa.
applicant in writing in accordance with the notification
procedures laid down in the relevant national law.
CHAPTER II
SINGLE APPLICATION PROCEDURE AND SINGLE PERMIT
4. If
the
information
or
documents
in
support
of
the
appli
cation are incomplete according to the criteria specified in
Article 4
national law, the competent authority shall notify the
Single application procedure
applicant in writing of the additional information or
documents required, setting a reasonable deadline to provide
1. An
application
to
issue,
amend
or
renew
a
single
permit them. The time limit referred to in paragraph 2 shall be
shall be submitted by way of a single application procedure.
suspended until the competent authority or other relevant
Member States shall determine whether applications for a single
authorities have received the additional information required.
permit are to be made by the third-country national or by the
If the additional information or documents is not provided
third-country national’s employer. Member States may also
within the deadline set, the competent authority may reject
decide to allow an application from either of the two. If the
the application.
application is to be submitted by the third-country national,
Member States shall allow the application to be introduced
from a third country or, if provided for by national law, in
Article 6
the territory of the Member State in which the third-country
national is legally present.
Single permit
1. Member
States
shall
issue
a
single
permit
using
the
uniform format as laid down in Regulation (EC) No 1030/2002
2. Member
States
shall
examine
an
application
made
under and shall indicate the information relating to the permission to
paragraph 1 and shall adopt a decision to issue, amend or
work in accordance with point (a)7.5-9 of the Annex thereto.
renew the single permit if the applicant fulfils the requirements
specified by Union or national law. A decision to issue, amend
or renew the single permit shall constitute a single adminis
trative act combining a residence permit and a work permit.
Member States may indicate additional information related to
the employment relationship of the third-country national (such
as the name and address of the employer, place of work, type of
3. The single application
procedure
shall be without work, working hours, remuneration) in paper format, or store
prejudice to the visa procedure which may be required for
such data in electronic format as referred to in Article 4 of
initial entry.
Regulation (EC) No 1030/2002 and in point (a)16 of the
Annex thereto.
4. Member
States
shall
issue
a
single
permit,
where
the
conditions provided for are met, to third-country nationals
2. When
issuing
the
single
permit
Member
States
shall
not
who apply for admission and to third-country nationals
issue additional permits as proof of authorisation to access the
already admitted who apply to renew or modify their
labour market.
residence permit after the entry into force of the national imple
menting provisions.
Article 7
Article 5
Residence permits issued for purposes other than work
Competent authority
1. When
issuing
residence
permits
in
accordance
with
Regu
lation (EC) No 1030/2002 Member States shall indicate the
1. Member
States
shall
designate
the
authority
competent
to information relating to the permission to work irrespective of
receive the application and to issue the single permit.
the type of the permit.
2. The
competent
authority
shall
adopt
a
decision
on
the
complete application as soon as possible and in any event
Member States may indicate additional information related to
within four months of the date on which the application was
the employment relationship of the third-country national (such
lodged.
as the name and address of the employer, place of work, type of
work, working hours, remuneration) in paper format, or store
such data in electronic format as referred to in Article 4 of
The time limit referred to in the first subparagraph may be
Regulation (EC) No 1030/2002 and point (a)16 of the Annex
extended in exceptional circumstances, linked to the complexity
thereto.
of the examination of the application.
2. When
issuing
residence
permits
in
accordance
with
Regu
Where no decision is taken within the time limit provided for
lation (EC) No 1030/2002, Member States shall not issue addi
in this paragraph, any consequences shall be determined by
tional permits as proof of authorisation to access the labour
national law.
market.

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Article 8
(d) be informed about the holder’s own rights linked to the
permit conferred by this Directive and/or by national law.
Procedural guarantees
1. Reasons
shall
be
given
in
the
written
notification
of
a
decision rejecting an application to issue, amend or renew a
CHAPTER III
single permit, or a decision withdrawing a single permit on
RIGHT TO EQUAL TREATMENT
the basis of criteria provided for by Union or national law.
Article 12
Right to equal treatment
2. A
decision
rejecting
the
application
to
issue,
amend
or
renew or withdrawing a single permit shall be open to legal
1. Third-country
workers
as
referred
to
in
points
(b)
and
(c)
challenge in the Member State concerned, in accordance with
of Article 3(1) shall enjoy equal treatment with nationals of the
national law. The written notification referred to in paragraph 1
Member State where they reside with regard to:
shall specify the court or administrative authority where the
person concerned may lodge an appeal and the time limit
(a) working conditions, including pay and dismissal as well as
therefor.
health and safety at the workplace;
3. An
application
may
be
considered
as
inadmissible
on
the (b) freedom of association and affiliation and membership of an
grounds of volume of admission of third-country nationals
organisation representing workers or employers or of any
coming for employment and, on that basis, need not to be
organisation whose members are engaged in a specific occu
processed.
pation, including the benefits conferred by such organi
sations, without prejudice to the national provisions on
public policy and public security;
Article 9
(c) education and vocational training;
Access to information
Member States shall provide, upon request, adequate
(d) recognition of diplomas, certificates and other professional
information to the third-country national and the future
qualifications in accordance with the relevant national
employer on the documents required to make a complete appli
procedures;
cation.
(e) branches of social security, as defined in Regulation (EC)
Article 10
No 883/2004;
Fees
(f) tax benefits, in so far as the worker is deemed to be resident
Member States may require applicants to pay fees, where appro
for tax purposes in the Member State concerned;
priate, for handling applications in accordance with this
Directive. The level of such fees shall be proportionate and
may be based on the services actually provided for the
(g) access to goods and services and the supply of goods and
processing of applications and the issuance of permits.
services made available to the public including procedures
for obtaining housing as provided by national law, without
prejudice to the freedom of contract in accordance with
Union and national law;
Article 11
Rights on the basis of the single permit
(h) advice services afforded by employment offices.
Where a single permit has been issued in accordance with
national law, it shall authorise, during its period of validity,
2. Member
States
may
restrict
equal
treatment:
its holder at least to:
(a) under point (c) of paragraph 1 by:
(a) enter and reside in the territory of the Member State issuing
the single permit, provided that the holder meets all
(i) limiting its application to those third-country workers
admission requirements in accordance with national law;
who are in employment or who have been employed
and who are registered as unemployed;
(b) have free access to the entire territory of the Member State
issuing the single permit within the limits provided for by
(ii) excluding those third-country workers who have been
national law;
admitted to their territory in conformity with Directive
2004/114/EC;
(c) exercise the specific employment activity authorised under
(iii) excluding study and maintenance grants and loans or
the single permit in accordance with national law;
other grants and loans;

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L 343/8
EN
Official Journal of the European Union
23.12.2011
(iv) laying down specific prerequisites including language
(a) Union law, including bilateral and multilateral agreements
proficiency and the payment of tuition fees, in
between the Union, or the Union and its Member States, on
accordance with national law, with respect to access
the one hand and one or more third countries on the other;
to university and post-secondary education and to voca
and
tional training which is not directly linked to the
specific employment activity;
(b) bilateral or multilateral agreements between one or more
Member States and one or more third countries.
(b) by limiting the rights conferred on third-country workers
under point (e) of paragraph 1, but shall not restrict such
rights for third-country workers who are in employment or
who have been employed for a minimum period of six
2. This
Directive
shall
be
without
prejudice
to
the
right
of
months and who are registered as unemployed.
Member States to adopt or maintain provisions that are more
favourable to the persons to whom it applies.
In addition, Member States may decide that point (e) of
paragraph 1 with regard to family benefits shall not apply
Article 14
to third-country nationals who have been authorised to
work in the territory of a Member State for a period not
Information to the general public
exceeding six months, to third-country nationals who have
Each Member State shall make available to the general public a
been admitted for the purpose of study, or to third-country
regularly updated set of information concerning the conditions
nationals who are allowed to work on the basis of a visa.
of third-country nationals’ admission to and residence in its
territory in order to work there.
(c) under point (f) of paragraph 1 with respect to tax benefits
by limiting its application to cases where the registered or
usual place of residence of the family members of the third-
Article 15
country worker for whom he/she claims benefits, lies in the
Reporting
territory of the Member State concerned.
1. Periodically,
and
for
the
first
time
by
25
December
2016,
the Commission shall present a report to the European
(d) under point (g) of paragraph 1 by:
Parliament and the Council on the application of this
Directive in the Member States and shall propose amendments
it deems necessary.
(i) limiting its application to those third-country workers
who are in employment;
2. Annually,
and
for
the
first
time
by
25
December
2014,
(ii) restricting access to housing;
Member States shall communicate to the Commission statistics
on the volumes of third-country nationals who have been
granted a single permit during the previous calendar year, in
3. The
right
to
equal
treatment
laid
down
in
paragraph
1 accordance with Regulation (EC) No 862/2007 of the European
shall be without prejudice to the right of the Member State to
Parliament and of the Council of 11 July 2007 on Community
withdraw or to refuse to renew the residence permit issued
statistics on migration and international protection ( 1 ).
under this Directive, the residence permit issued for purposes
other than work, or any other authorisation to work in a
Member State.
Article 16
Transposition
4. Third-country workers moving to a third country, or their
survivors who reside in a third country and who derive rights
1. Member
States
shall
bring
into
force
the
laws,
regulations
from those workers, shall receive, in relation to old age,
and administrative provisions necessary to comply with this
invalidity and death, statutory pensions based on those
Directive by 25 December 2013. They shall forthwith
workers’ previous employment and acquired in accordance
communicate to the Commission the text of those provisions.
with the legislation referred to in Article 3 of Regulation (EC)
No 883/2004, under the same conditions and at the same rates
as the nationals of the Member States concerned when they
When Member States adopt those measures, they shall contain a
move to a third country.
reference to this Directive or shall be accompanied by such a
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
CHAPTER IV
Member States.
FINAL PROVISIONS
Article 13
2. Member
States
shall
communicate
to
the
Commission
the
text of the main provisions of national law which they adopt in
More favourable provisions
the field covered by this Directive.
1. This
Directive
shall
apply
without
prejudice
to
more
favourable provisions of:
( 1 ) OJ L 199, 31.7.2007, p. 23.

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EN
23.12.2011 Official
Journal
of
the
European
Union
L
343/9
Article 17
Entry into force
This Directive shall enter into force on the day following its publication in the Official Journal of the European
Union.
Article 18
Addressees
This Directive is addressed to the Member States in accordance with the Treaties.
Done at Strasbourg, 13 December 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
M. SZPUNAR

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