A/HRC/23/46
Directive) aims to improve the EU’s ability to attract highly qualified workers from third
countries. It sets out the conditions of entry and residence for more than three months in the
territory of the Member States of third-country nationals for the purpose of highly qualified
employment as EU Blue Card holders, and of their family members (Art 1). The admission
criteria include a valid work contract or binding job offer for highly qualified employment;
documents attesting the relevant higher professional qualifications; a valid travel document;
sickness insurance; and not being considered to pose a threat to public policy, public
security or public health (Art 5). The Directive does not affect the right of a Member State
to determine the volume of admission of third-country nationals entering its territory for the
purposes of highly qualified employment (Art 6).
39.
EU Blue Card holders shall enjoy equal treatment with nationals of the Member
State issuing the Blue Card, as regards, inter alia, working conditions; freedom of
association; education and vocational training; recognition of diplomas; branches of social
security; pensions; access to goods and services, and free access to the territory of the
Member State concerned (Art 14).
15.
The Single Permit Directive
40.
Directive 2011/98/EU of the European Parliament and of the Council 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 (Single Permit Directive) was adopted in December
2011. The Directive lays down a single application procedure leading to a combined title
encompassing both residence and work permits within a single administrative act, aimed at
contributing to simplifying and harmonising the rules applicable in Member States. It also
provides a common set of rights to third-country workers legally residing in a Member
State, based on equal treatment with nationals of that Member State. The Directive is
without prejudice to the Member States’ powers concerning the admission of third-country
nationals to their labour markets (Art 1).
41.
The Directive applies to third-country nationals who apply to reside in a Member
State for the purpose of work; as well as third-country nationals who have already been
admitted to a Member State either for the purpose of work or for other purposes, as long as
they are allowed to work (Art 3).
42.
Third-country workers shall enjoy equal treatment with nationals of the Member
State where they reside with regard to, inter alia, working conditions; freedom of
association and affiliation; education and vocational training; recognition of diplomas;
branches of social security; tax benefits; access to goods and services; and advice services
afforded by employment offices (Art 12).
16.
The Long-Term Residence Directive
43.
Council Directive 2003/109/EC concerning the status of third-country nationals who
are long-term residents (Long-Term Residence Directive) created a single status for nonEU nationals who have been lawfully resident in an EU country for at least five years.
44.
The Directive sets out the terms for conferring and withdrawing long -term resident
status granted by a Member State in relation to third-country nationals legally residing in its
territory, and the rights pertaining thereto. The Directive applies to third -country nationals
residing legally in the territory of a Member State. It does not apply to students or seasonal
workers (Art 3). Member States shall require third-country nationals to provide evidence
that they have, for themselves and for dependent family members, stable and regular
resources which are sufficient to maintain himself/herself and the members of his/her
family, as well as sickness insurance. Additionally, Member States may require third-
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