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VISAS

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

EDUCATION

The key things you need to know about Norway’s student visa

If you want to study in Norway and you're not from a country that is a member of the European Union (EU) or the European Economic Area (EEA), you will likely need a student visa. Here's what you need to know.

The key things you need to know about Norway's student visa

The student visa – officially called a residence permit for studies or a study permit – allows you to enrol in various types of education in Norway, from upper secondary education and folk high schools to universities and vocational schools.

In any case, if you’re from a country outside the EU or the EEA and want to study in Norway, you will likely need to get a study permit.

In this article, we will focus on the key things you need to know if you’re applying for a study permit to go to a university or college in Norway.

For the rules that apply if you’re looking to enrol in other study programs in the country, kindly consult the website of the Norwegian Directorate of Immigration (UDI).

There are different rules in place for different non-EU/EEA countries. The UDI has a helpful wizard that allows you to quickly figure out which study permit requirements apply to your individual circumstances, available here.

General requirements (US applicant example)

For the purposes of this article, we will go through the rules that apply to study permit applications for prospective students from the United States who wish to enrol in a Norwegian university or college.

The basic things you need to know are that you will have to pay an application fee (you can find a list of fees that currently apply here), that the authorities will check whether you have been admitted to a college or university (admission is a prerequisite), that you need to have a place to live during your studies, and that you need to study full-time.

As you probably know, Norway is a notoriously expensive country. Therefore, there are also strict rules in place about the money you need to have to live in Norway during your studies. The minimum for a school year is 128,887 kroner, while those studying for only one semester need to have 58,585 kroner for the autumn semester and 70,302 kroner for the spring semester.

Also, note that some students from outside the EEA and Switzerland will be required to pay tuition in Norway from the autumn of 2023.

The source of the funds can vary – from student loans and grants to own funds. You’ll need to present proof of funds by submitting, for example, a bank statement from a Norwegian bank account or the deposit account of your educational institution.

If you have managed to secure a part-time job in Norway (congratulations!), the expected income maybe be included towards the requirement.

Note: If you don’t have a bank account in Norway, you can use the bank account at the institution where you will study if you make the necessary arrangements with it beforehand. Just make sure to contact them early on in the process.

Remember that your desired place of study must be included on the Norwegian Agency for Quality Assurance in Education’s (NOKUT) list of accredited universities. You can check the full list of such approved institutions here.

How to apply

You can apply for a study permit from abroad or hand in your application in Norway.

If you’re applying from Norway, you’ll need to follow the UDI’s wizard to pinpoint the exact application requirements that apply to your case, as these differ based on a broad range of factors (e.g., do you already have qualifications as a skilled worker and have legal stay in Norway, did you have a residence permit in Norway for the last nine months, etc.).

However, if you’re applying from abroad, the process is somewhat straightforward.

First, you’ll need to print out the UDI’s checklist and gather the necessary documents. You can find the list here.

Secondly, you’ll need to fill in your application – the application form can be found on the immigration authority’s website here. Note that you’ll need to sign in to the UDI portal before accessing the page.

Lastly, you’ll have to hand in the application and documents in person a the Visa Application Centres or an embassy. You can find more information about handing in applications on the Norwegian government’s website, here.

What rights and obligations does a study permit entail?

If granted a study permit in Norway, you will also automatically get permission to work part-time for up to 20 hours per week, including remote work, in addition to your studies and full-time during holidays.

However, you will not be allowed to run your own business or be self-employed in the country.

Furthermore, once you get a study permit, your spouse or cohabitant and children will usually be able to apply to come and live with you in Norway.

Just note that the immigration authorities are unlikely to process your family’s applications simultaneously with your study application – it might take a while.

Also, if you decide to apply for a permanent residence permit down the road, note that the period you have spent in Norway with a study permit does not count towards the necessary time minimum for permanent residence.

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