In the second article of this series dedicated to the Single Permit and Directive (EU) 2024/1233, we analyze the impact of the new European framework on international hiring procedures and the responsibilities of employers in Portugal.
International hiring has become part of the growth strategy for many companies in Portugal. From the manufacturing industry to information technology, from healthcare to tourism, more and more organizations are turning to the recruitment of third-country nationals to meet labor market needs.
This phenomenon requires management that goes beyond signing an employment contract or processing a visa application. It involves migratory, labor, and administrative requirements, as well as permanent coordination between human resources, legal departments, compliance, the worker, and competent authorities.
It is in this context that Directive (EU) 2024/1233 assumes relevance, regarding the 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.
The Directive replaced Directive 2011/98/EU at the European level as of May 22, 2026. The concrete application of its rules in Portugal must, however, be assessed in light of the national regime in force, including Law No. 23/2007 and the administrative norms or guidelines that implement the options left to the national legislator.
Labor Immigration Is Also a Matter of Compliance
Labor immigration does not end with obtaining a visa or a residence permit. For companies, compliance with applicable obligations may cover the preparation of hiring, verifying the worker’s documentary status, formalizing the employment relationship, maintaining the elements required by law, and managing relevant changes in the work relationship.
In the Portuguese legal system, an employment contract concluded with a foreign worker or stateless person authorized to work in Portugal is subject to written form and must contain, among other elements, reference to the visa or residence title, contracted activity, remuneration, location, and normal working period. The employer must keep attached to the respective copy the documents proving compliance with legal obligations regarding the entry, stay, or residence of the worker.
Violation of these requirements may constitute a serious administrative offense. Rigorous document management is, therefore, not just a good operational practice: it is a relevant dimension of labor risk prevention and compliance.
A More Coordinated Procedure Does Not Eliminate the Need for Preparation
One of the objectives of the Directive is to promote a coordinated procedure for assessing the right of residence and the right to exercise professional activity. Procedural simplification, however, does not eliminate admission requirements, administrative checks, or the documentation required in each case.
The necessary documentation varies according to the applicable category of entry, residence, or professional activity. Depending on the specific situation, it may be relevant to prepare, namely, the contract or promise of contract, the effective description of duties, remuneration, workplace, duration of the bond, and the employer’s details required by the applicable procedure.
The Directive allows each Member State to define whether the application should be submitted by the worker, the employer, or both. For this reason, the clear identification of internal responsibilities and coordination between the company, candidate, and legal representative remain decisive for the proper processing of the procedure.
The 90-Day Deadline Does Not Waive Prudent Management of Expectations
The Directive establishes, as a rule, a maximum period of 90 days for the adoption of a decision on a complete application for a single permit. In exceptional circumstances, duly justified, an extension is permitted. The count may also be affected when additional elements or documents are required.
This European rule must be read in conjunction with national norms regarding the submission, reception, processing, refinement, and decision of applications. It does not, in itself, equate to a guarantee that every process will be completed within that period.
For this reason, the definition of start dates, worker mobility, installation in Portugal, or operational commitments should be done with prudence. Early and complete preparation of the process contributes to mitigating the risk of additional requests for elements and delays associated with administrative processing.
Transparency in Communication with the Worker
When the application is submitted by the employer, the Directive reinforces the requirement that the worker be informed, in a timely manner, about the status of the process and the decision rendered by the competent authorities.
In addition to complying with the applicable legal framework, adopting clear internal procedures for communication with international candidates and workers can contribute to a more transparent management of the process. It is especially relevant to define who ensures the transmission of information, which documents must be made available to the worker, and how relevant communications are recorded.
Change of Employer and Talent Retention
The European reform seeks to limit situations of excessive migratory dependence on the initial employer. Under the Directive, Member States must provide mechanisms that allow the holder of a single permit to change employers, without this change being treated, in principle, as an automatic cause for loss of the title.
This flexibility does not, however, correspond to unconditional or automatic freedom. National law may provide for notifications, checks, or other conditions intended to ensure that the applicable requirements continue to be met. The Directive also allows, under certain conditions, an initial period with the first employer, up to a limit of six months, and administrative verification mechanisms that may affect the timing of the change.
For employers, this evolution reinforces the need to develop retention strategies based on the quality of the employment relationship, professional progression, training, remuneration, and the integration of the worker and their family. Maintaining the bond should not depend on disproportionate uncertainty regarding the worker’s migratory situation.
The concrete applicability of these rules in Portugal must be confirmed based on the residence title, the activity performed, and the national legislation in force at the relevant time.
Termination of Contract and Transition Management
The termination of the employment relationship can have significant consequences for a third-country national worker, but these consequences depend on the specific residence title, the category of activity, and the rules applicable to the individual situation.
The Directive seeks to prevent unemployment from automatically leading to the revocation of the single permit, imposing minimum periods during which the worker can look for a new activity. The maintenance of the title remains, however, dependent on the applicable requirements and the communications or steps provided for in national law.
From a labor perspective, upon termination of the contract, the employer must provide the worker with a work certificate indicating the dates of admission and termination and the positions held, as well as other documents intended for official purposes that it must issue upon request.
The necessity, the responsible party, and the form of any communications to the migratory authorities must be confirmed in light of the Portuguese regime applicable to the specific case. Companies must, therefore, ensure adequate coordination between human resources, legal, and compliance whenever a relevant change occurs in the employment relationship of a foreign worker.
Equality of Treatment in Internal Practices
The Directive reinforces, at the European level, the principle of equal treatment for legally admitted third-country workers. In Portugal, this principle already finds clear expression in the Labor Code: a foreign worker or stateless person authorized to exercise subordinate professional activity enjoys the same rights and is subject to the same duties as a worker with Portuguese nationality.
The right to equality in access to employment and at work is also protected regarding hiring criteria, training, promotion, remuneration, working conditions, and participation in collective representation structures, with no discrimination allowed based, namely, on nationality or territory of origin.
For companies, these guarantees must be reflected in human resources policies, recruitment processes, integration, training, professional progression, and daily management of labor relations. Periodic review of internal practices is a relevant measure for preventing labor and reputational risk.
Inspection, Documentation, and Responsibility
The Directive requires Member States to ensure effective inspection mechanisms and accessible channels for filing complaints. The specific configuration of these mechanisms and the applicable sanctions depend on national law.
In the Portuguese labor context, the employer is, as a rule, responsible for labor administrative offenses, without prejudice to responsibilities legally attributed to other subjects.
The proper organization and preservation of documentation, the definition of internal responsibilities, and the periodic verification of process compliance are, therefore, important elements of a responsible labor immigration policy.
Preparing International Mobility with Rigor
International hiring will continue to play a relevant role in the competitiveness of Portuguese companies. Its success depends, however, not only on identifying talent but also on the ability to manage the labor, migratory, and administrative aspects involved in an integrated manner.
Directive (EU) 2024/1233 reinforces the importance of a preventive and structured approach. For employers, this implies knowing the requirements applicable to the chosen procedure, organizing documentation, communicating transparently with the worker, and monitoring relevant changes during the employment relationship.
Conclusion
Directive (EU) 2024/1233 represents a significant step in the evolution of European labor immigration, seeking to reconcile procedural simplification, worker protection, and greater administrative predictability.
For employers in Portugal, the impact of the reform does not end with the reduction of formalities. It requires attentive management of documentation, contracts, communications, and the risks associated with the international mobility of workers.
The concrete application of these rules will always depend on the worker’s legal framework, the applicable residence title, and the Portuguese legislation in force. A preventive and legally rigorous approach allows companies to structure their international recruitment processes with greater security.
The next article will analyze the coordination between the Single Permit, the national regimes applicable to highly qualified professionals, and the EU Blue Card.
This article is for informational purposes only and does not waive the individualized analysis of the legal, documentary, and factual framework applicable to each situation. Legislation and administrative practice may undergo changes.
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