Labor migration now occupies a central place on the European Union’s policy agenda. Demographic ageing, labor shortages across several sectors and the need to attract international talent have led European institutions to reconsider the framework applicable to third-country nationals seeking to reside and work in a Member State.
It was in this context that Directive (EU) 2024/1233 of the European Parliament and of the Council was adopted. The Directive concerns the single application procedure for the issuance of a single permit to reside and work in the territory of a Member State, as well as a common set of rights for third-country workers legally residing in the Union.
The Directive entered into force on 20 May 2024, and Member States were required to ensure its transposition by 21 May 2026.
From 22 May 2026, it replaced Directive 2011/98/EU at European level. The practical implementation of the new safeguards nevertheless depends on the solutions adopted by each Member State and their interaction with the respective national immigration, residence and employment regimes.
Despite the attention generated by the reform, it is important to clarify a frequent misconception: this is not a new “European visa”, nor is it a permit that allows its holder to work freely in any country in the European Union. Its purpose is different: to simplify administrative procedures, strengthen the rights of foreign workers and promote greater predictability in admission procedures for employment purposes, without removing Member States’ authority to define the conditions for entry, residence and access to their respective labor markets.
What Is the Single Permit?
The Single Permit does not, in itself, create a uniform category of visa or residence permit valid across all Member States. It establishes a European framework for a coordinated procedure to assess the right of residence and the right to engage in professional activity, as well as a common core of rights for legally resident third-country workers.
The specific structure of the procedure, the competent authority, the documentary requirements and the form of the permit continue to depend on the applicable national law.
Before this mechanism was introduced, it was relatively common for the right of residence and access to the labor market to be addressed through separate procedures. The underlying logic of the Directive is precisely to reduce this administrative fragmentation by allowing both dimensions to be assessed in a coordinated manner.
It is important to recall, however, that the permit takes effect in the Member State that issues it. Accordingly, a Portuguese authorization to reside and work in Portugal does not, by itself, confer a right to engage in professional activity in another European Union Member State.
This distinction is particularly important, given the continuing confusion between the Single Permit, the EU Blue Card and the principle of free movement of workers, which applies to European Union citizens.
What Are the Main Changes Introduced by the Directive?
Although the Directive contains several technical amendments, five aspects are particularly relevant to workers and employers.
- A Coordinated Residence and Employment Procedure
The first aspect concerns the consolidation of a single application procedure for the coordinated assessment of the right of residence and the right to engage in professional activity. The European legislator’s intention is to make procedures simpler and reduce the administrative burden on both applicants and competent authorities.
This simplification does not, however, remove the admission requirements, administrative checks or documentary requirements provided for under national law.
- Decision-Making Time Limit
As a general rule, the Directive provides that a decision on a complete application must be adopted within a maximum period of 90 days, without prejudice to expressly permitted grounds for suspension and extensions.
This period should not be understood as an absolute guarantee that the procedure will be completed within that timeframe. Where the competent authority requests additional information or documents, the time limit may be suspended until they are provided. The Directive also allows for an extension in duly justified exceptional circumstances.
The method of calculating and operationalizing this time limit in Portugal must be assessed considering the applicable national legislation, including the rules governing the submission, examination, completion and decision of applications.
In practice, the quality of the initial preparation of the application remains relevant in mitigating the risk of requests for additional information and delays associated with its examination.
- Change of Employer
Another particularly relevant development concerns the possibility of changing employer.
The Directive requires Member States to provide mechanisms allowing the holder of a Single Permit to change employer, without such a change being treated, in principle, as an automatic ground for loss of the permit. The reform therefore seeks to limit situations of excessive migration-related dependence on the initial employer.
This flexibility is not absolute. The Directive allows Member States to maintain control mechanisms, including prior notification of the competent authorities, checks on whether the applicable requirements continue to be met or, under certain conditions, a requirement to remain with the first employer for an initial period. That period may not exceed six months.
In certain circumstances, the authorities may also temporarily suspend a change of employer for a maximum period of 45 days, solely to verify whether the applicable legal requirements continue to be met.
The practical applicability of these mechanisms in Portugal depends on the manner in which they are incorporated into and coordinated within domestic law. A change of employer should therefore be assessed considering the specific residence permit, the conditions of professional activity and the national rules in force at the relevant time.
Does Unemployment Mean the Permit Is Automatically Lost?
The answer is no.
Within the material scope of the Directive, loss of employment should not automatically lead to the withdrawal of the Single Permit. European legislation requires Member States to provide for a minimum period during which the worker may seek new employment before a decision concerning the residence permit is considered.
As a general rule, that period must be at least three months. Where the worker has held the permit for more than two years, the minimum period is six months.
This protection is not unconditional. The continued validity of the permit remains subject to the applicable legal requirements, notification obligations and national rules implementing the framework. It is therefore not an autonomous and unlimited right to remain following the termination of the employment relationship.
Equal Treatment: Strengthening Existing Safeguards
The Directive strengthens and further develops, at European level, safeguards of equal treatment that are already reflected in the Portuguese labor law framework.
Workers covered by the Directive benefit, within its scope and without prejudice to expressly permitted derogations, from guarantees of equal treatment in key labor and social matters, including remuneration, working conditions, working time, annual leave, health and safety at work, freedom of association, access to vocational training and certain social security benefits.
In Portugal, a foreign or stateless worker authorized to engage in subordinated professional activity generally enjoys the same rights and is subject to the same duties as a Portuguese national worker. The right to equal treatment in access to employment and at work is also protected under the Portuguese Labor Code.
In certain areas, such as tax benefits, access to goods and services or certain social benefits, limitations or conditions may remain under European Union law or applicable national legislation.
Nevertheless, the Directive’s overall direction is clear: to reduce unjustified differences between national workers and legally admitted third-country workers.
What Is the Position in Portugal?
In Portugal, the application of these rules must be read together with the legal framework governing the entry, stay, exit and removal of foreign nationals from national territory, approved by Law No. 23/2007, as amended, as well as with the legislation and administrative guidance implementing the requirements arising from the Directive.
The Directive is binding as to the result to be achieved but leaves Member States with discretion as to the organization of procedures and the implementation of certain options. Matters such as the competent authority, notification mechanisms concerning a change of employer, the applicable procedural framework and other administrative aspects must be assessed in light of the Portuguese legislation actually in force.
For this reason, each case must continue to be examined according to the applicable residence category, the specific employment situation and the prevailing national framework.
Conclusion
The reform introduced by Directive (EU) 2024/1233 represents an important step in the modernization of European labor migration law.
By promoting more coordinated procedures, strengthening rights and seeking to provide greater stability to legally admitted third-country workers, the European Union is responding to the demographic and economic challenges currently affecting the labor market.
However, the Directive does not remove the requirements laid down by national law, does not automatically replace consular procedures where these are required and does not create a general right to work in any European Union Member State.
For those seeking to live and work in Portugal, the correct identification of the applicable immigration category, adequate preparation of the application and an up-to-date reading of Portuguese legislation will remain relevant factors in defining the appropriate strategy.
This article is provided for information purposes only and does not replace an individual assessment of the legal, documentary and factual framework applicable to each case. Legislation and administrative practice may change.
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