Social media is full of misinformation about European Union (EU) Directive 1233, misleading immigrants. Erroneously, countless influencers have been announcing for months that foreigners with a residence permit in Portugal will have free movement in the EU to work from May 21stdate imposed by the block for the transposition of the directive.
As a result, many immigrants, especially those disillusioned with the current situation in Portugal, start to believe that it will be possible. However, the objective of the directive is not the mobility of professionals within the EU, but rather, as the text itself states, “simplify labor migration procedures for nationals of non-EU countries (‘third country nationals’) and ensure equitable treatment of these workers”.
A cThe merger may have arisen from the term “single EU residence and work permit”. The term “unique” comes from the English single permitwhich means “single authorization”, in literal translation. THE The word “single” refers to the procedure and legal framework, not the territory of the European Union.
This new directive replaces an existing one, with some changes designed to make procedures clearer. However, the article that defines who can request the document is practically identical. Directive 2011/98/EU already provided that it applied to “third-country nationals who apply for residence in a Member State for the purposes of work”, to “third-country nationals who have been admitted to a Member State for purposes other than work” and to “third-country nationals who have been admitted to a Member State for the purposes of work”. These provisions are contained in article 3 of both texts (read here e here).
One more confusion may lie in the framework of the law, provided for in item 10. The new wording states that countries “must consider and examine applications for a single permit, whether the third-country national resides outside the territory of the Member State to which he or she wishes to be admitted, or the third-country national already resides in the territory of that Member State”. The previous version states that “Member States must decide whether the request for a single authorization should be made in the Member State of destination or from a third country”.
I.e, There is no mention of “another Member State”. What the new text does is just make it clear that the country cannot ignore requests presented by immigrants who are already legally in its own territory.
So what changes, anyway?
In a new comparison, it is clear that the biggest changes are in article 11, which deals with workers’ rights. The text of the directive that will cease to be in force is shorter and does not provide effective protection for several rights. Already the new version now expressly establishes rules on changing employers, unemployment, title renewal and situations of labor exploitation.
Another new feature is the introduction of a specific article entitled “Monitoring, evaluation, inspections and sanctions”. It provides that “Member States must adopt measures to prevent possible abuses and sanction infringements by employers of national provisions on equal treatment.” In the previous version, there was no mention of this topic.
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There is also the new article 15, called “Facilitation of complaints and legal redress”which determines that countries must “ensure the existence of effective mechanisms through which workers from third countries can lodge complaints against their employers”.
The new directive sets the deadline for deciding on the request at 90 days, while the previous one provided that the decision should be taken “as quickly as possible and, in any case, within four months from the date on which the request was submitted.” In Portugal, The legal deadline is already 90 days, although it is often exceeded in practice.
Finally, the directive reaffirms that each country remains sovereign in deciding who it accepts to work in its territory. This competence is enshrined in Article 79(5) of the Treaty on the Functioning of the European Union (TFEU), which specifically deals with immigration.
But is it possible to go to work in another country?
No new directive is needed for this. It is now possible to apply for a work visa for another EU Member State while living in Portugalas long as there is an employment contract or promise, in accordance with the law of each destination country. It is not necessary to return to Brazil to request, for example, an Italian visa: simply present the application at the Italian consulate in Portugal, the country where the immigrant has a residence permit.
amanda.lima@dn.pt
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