Mobility and Integrated Labour Markets for Third‑country Nationals in Greater Copenhagen

Annex A. EU legal framework on labour mobility of third-country nationals

While all EU citizens, especially workers, are entitled to freedom of movement and residence within the EU, similar mobility freedoms are granted only to certain categories of TCNs and to a certain degree. The EU legal framework on mobility and access to the labour market for TCNs consists of a patchwork of EU Treaty provisions and secondary EU legislation across immigration and labour law. Under Article 79 of the Treaty on the Functioning of the European Union (TFEU), the EU legislator defines (to a large extent) the conditions of entry, residence, and mobility of TCNs in the Union. While fully applicable to Sweden, the EU rules on border control, immigration, and asylum standards do not bind Denmark due to its opt-out from EU cooperation on Justice and Home Affairs (JHA). As a result, Denmark remains excluded from most of the EU legislative acts considered below, with notable exceptions to the rules on the posting of workers and Schengen cooperation.

This section analyses the relevant EU legal framework concerning different categories of TCNs moving within the EU, namely 1) labour migrants, 2) family members and 3) asylum seekers and beneficiaries of international protection. More specifically, the following analysis covers permanent, long-term, and temporary forms of labour mobility. In the first scenario, the workers move permanently to another Member State after residing in the first MS for at least five years and acquiring EU Long Term Resident status. In the second scenario, the workers relocate for at least one year to a Member State where they are not citizens, with the intention of seeking or taking up work. In the third scenario, the workers move to another Member State only for a certain period, on a fixed-term, seasonal, or even daily basis. The legal framework for the labour mobility rights of the different categories is summarised in Table A A.1.

Table A A.1. EU rights for mobile TCN workers

EU rights to access the labour market, labour rights, intra-EU labour mobility, family reunification, and territorial scope of EU legislation by category of TCNs.

	Access to the labour market	Labour rights	Intra-EU labour mobility	Family reunification	Territorial scope
Labour migrants
Long-term residents	Yes,	Equal treatment vis-à-vis nationals of the Member State in regards to access to employment and self-employment, trade union rights, education and vocational training, recognition of qualifications, access to services, social security, and tax benefits	Yes, but need to obtain a residence permit and be subject to, sufficient financial means, sickness insurance,	Yes, also when moving. In cases of intra-EU mobility, the family has to have already formed in the first Member State and proof of self-sufficiency; when the family was not constituted in the first Member State Directive 86/2003/EC (the Family Reunification Directive) applies	All EU, except for DK and IE
EU Blue Card holders	Yes	As above	Short-term: up to 90 days in any 180-day period Long-term: after 12 months of legal residence	Yes, for the same duration as the EU Blue Card. Limited integration conditions and shorter processing times. Family reunification is not dependent on reasonable prospects of permanent residence, minimum period of residence or having a residence permit of the validity of at least 1 year or more	All EU, except for DK and IE
Single permit holders	Yes	As above	Yes, for up to 90 days within a 180-day period within the Schengen area	Yes, under the Family Reunification Directive	All EU, except for DK and IE
Researchers	Yes	As above	Short-term: up to 180 days in any 360-day period per state Long-term: more than 180 days per state	Yes, without waiting periods or pre-entry integration conditions and measures.	All EU, except for DK and IE
Students	Yes, a minimum of 15 hours per week	As above	No	No	All EU, except for DK and IE
Trainees, volunteers, and au pairs	Yes, but trainees for a maximum of 6 months	Yes	No	No	All EU, except for DK and IE
Posted workers	No	Equal remuneration, accommodation, and allowances or reimbursement for travel, board and lodging expenses, etc. After 12 months, more protective employment standards. After 24 months, equal social security	No	No	All EU
Intra-corporate transferees	Yes	Equal treatment vis-à-vis nationals of the Member State in regards to remuneration, accommodation, allowances or reimbursement for travel, board and lodging expenses, freedom of association, recognition of qualifications, social security (after 9 months), pensions, and access to goods and services.	Yes, within the same undertaking or group of undertakings for a maximum of 90 days in any 180-day period per state	Yes, within 90 days from the application. No integration measures, minimum residence or prospects of permanent residence	All EU, except for DK and IE
Frontier workers and highly-mobile workers	Yes	Recognition of professional qualifications and access to social security	Yes	No	All EU, except for DK
Family members
Family members of mobile EU citizens	Yes, in the state where their sponsor resides	Likewise their sponsor	No, unless their sponsor moves to another state	Yes	All EU
Family members of TCNs residing in the EU	Yes, likewise, their sponsor. But possible limits up to 12 months	Likewise their sponsor in regards to access to education, access to employment and self-employed activity, access to vocational guidance, initial and and further training and retraining	No, unless their sponsor moves to another state	Yes, if the sponsor has at least a one-year EU residence permit or the prospect of obtaining permanent EU residence. The person who has applied has to provide evidence of appropriate accommodation, sickness insurance and sufficient financial means.	All EU, except for DK and IE
Asylum seekers and beneficiaries of int. protection
Asylum seekers	Yes, at the latest, within nine months of submitting an asylum application	No	No	No	All EU, except for DK and IE
Refugees	Yes	Residence permit, travel document, access to education, social welfare, healthcare, accommodation, integration facilities, language and vocational training	No	Yes, under the Family Reunification Directive	All EU, except for DK and IE
Beneficiaries of temporary protection	Yes	Access to education and vocational training. Assistance in terms of social welfare and means of subsistence, housing, and medical care	Yes, for up to 90 days within a 180-day period within the EU. Also, de facto freedom to relocate to another state	No	All EU, except for DK and IE

Notes: The abbreviations used are Bulgaria (BG), Cyprus (CY), Denmark (DK), European Union (EU), Ireland (IE), and Romania (RO).

Source: Compilation by the OECD based on publicly available EU legal sources (directives and regulations).

Labour migrants

In recent years, the EU has followed a “sectoral approach” and adopted several acts of secondary legislation to promote the influx of TCN workers. By focusing on specific categories of migrant workers, EU legal instruments govern the cross-border mobility and labour market access for TCNs within the EU to some extent. This sub-section presents and analyses the relevant EU rules on labour market integration and mobility for the following categories of labour migrants: (1) long-term residents, (2) EU Blue Card holders, (3) single permit holders, (4) researchers, (5) students, (6) posted workers, (7) intra-corporate transferees, (8) frontier workers and highly-mobile workers. The central point for the first five categories is that the EU rules do not apply to Denmark for the national opt-out. A short description of the categories is, however, included to give a full overview of the options within the EU acquis, which applies in most other EU cross-border regions.

Long-term residents

Under the Long-Term Residents Directive – LTRD (European Union, 2003a[1])1 TCNs who have lived legally and continuously in the territory of a Member State (except for Denmark and Ireland) for at least five consecutive years2 may apply for EU long-term residence status. This privileged status grants them approximately the same rights as nationals of the Member States concerning access to employment and self-employment, trade union rights, education and vocational training, recognition of professional qualifications, access to services, social security, social assistance and tax benefits. However, substantial differences are maintained concerning intra-EU mobility rights.

Long-term residents have the right to move and reside in other EU Member States for more than three months to exercise an economic activity, pursue studies or vocational training, or for any other purpose. This right can be exercised without obtaining a visa before applying for a residence permit. Their family members may accompany or join them in the second Member State as long as the family has already been formed in the first Member State and they can demonstrate stable financial resources sufficient for self-sufficiency without resorting to social assistance; otherwise, the Family Reunification Directive applies3. For the Greater Copenhagen Region, the intra-EU mobility rights that TCNs can acquire under the LTRD are not an option, as Denmark is not bound by the LTRD and does not recognise long-term residence status acquired by a TCN in another EU Member State.

However, the LTRD grants broad discretion to the receiving Member States in restricting labour market access of mobile TCNs in possession of a long-term resident status acquired in another EU country. Unlike EU citizens, long-term residents are required to obtain a residence permit also in the second Member State, which could be contingent upon demonstrating sufficient financial means.4 Further differences in treatment arise from the ‘integration measures’ that may be imposed by national law as long as they are not already required in the first Member State (except for mandatory language courses, which are always permitted). Such ‘integration measures’ take the shape of mandatory civic integration programmes, courses, tests, exams, and contractual obligations to acquire basic knowledge of local values, language, culture, history, and way of life (Bottero, 2022[2]). Receiving Member States are also allowed to determine the numbers of incoming mobile TCNs by applying labour market tests, giving preference to EU citizens or TCNs already present on the labour market, or denying residence on the grounds of existing quotas (if already in place at the time of the adoption of the Directive). Moreover, they may restrict access to employed activities other than those specified in the residence permit for the first 12 months. Consequently, long-term resident TCNs who exercise mobility rights for stays exceeding three months encounter varying regulations across different Member States. Yet, they generally offer more favourable conditions than the procedures applicable to TCNs seeking initial entry and residence in a Member State (European Migration Network, 2013[3]).

For several reasons, the current legal framework on long-term residency still discourages intra-EU labour mobility of TCNs. First, long-term residents are considered ‘mobile’ only when residing in the first Member State. But when relocating permanently, the non-transferability of their long-term residence status to a second Member State implies that they are not considered long-term residents in their new country for at least five years. It follows that they would enjoy fewer rights than in their first Member State of residence while having to be subject to ‘integration measures’ if not only to mandatory language requirements. Second, the necessity of reaching at least five years of continuous residence in one Member State to obtain the long-term residence status may lead even relatively mobile TCNs to adjust their plans and attitudes accordingly. Third, older TCNs are generally more likely to fulfil this 5-year residence criterion, but as it is widely recognised, cross-border mobility rates tend to decrease with age (Poeschel, 2016[4]).

The proposal to revise the LTRD adopted by the European Commission on 27 April 2022 (European Commission, 2022) seeks to address some of the shortcomings mentioned above. To facilitate intra-EU mobility of long-term resident TCNs, the proposal provides for a general prohibition of labour market tests and the abolition of pre-existing quotas in cases of intra-EU mobility of EU long-term residents in the receiving Member States. It also provides that Member States have to (and not may as per the current directive) accept applications for residence permits in the second Member State lodged by EU long-term resident while still residing in the first Member State, and to start working or studying within 30 days from their application. Finally and most importantly, it proposes to cumulate periods of residence in different Member States to reach the required period of residence to become eligible for the long-term resident status in the first Member State, and to reduce the required period of residence to become eligible for the EU long-term resident status in the second Member State to three years.

EU Blue Card holders

The EU Blue Card is a special residence permit issued to highly qualified TCN workers who intend to enter and reside for more than three months in the EU. It covers only individuals possessing higher professional qualifications, such as a university degree, the necessary travel documents, and an employment contract or a binding job offer for at least one year with a salary above the average in the Member State of employment.5 It applies to all EU countries except Denmark and Ireland. The new Blue Card Directive (European Union, 2021[5]), which revised and replaced the original Blue Card Directive (European Union, 2009[6]), lays down such rules in detail and grants TCNs a whole set of rights similar to those enjoyed by EU citizens. Besides labour market access, these include equal treatment with nationals of the host state in terms of working conditions, trade union rights, education and training, recognition of diplomas and qualifications, social security, and access to services.

The Blue Card Directive contains specific provisions that encourage both short-term and long-term forms of intra-EU labour mobility. EU Blue Card holders may enter and stay in other Member States for up to 90 days in any 180-day period to carry out business activities without the receiving Member States being allowed to require any authorisation other than the EU Blue Card. After 12 months of legal residence in the first Member State, they may relocate long-term to a different EU country to work in highly skilled employment. In this case, however, they shall apply for a new EU Blue Card in the second Member State, whose release is conditional upon fulfilment of the same conditions as those required for the initial permit in the first country. On the occasion of long-term mobility, the family members are authorised to accompany or join the EU Blue Card holder in the second Member State, provided the family was already formed in the first Member State. Intra-EU labour mobility is also facilitated by granting EU Blue Card holders favourable conditions to obtain long-term residence status. This includes the possibility of accumulating periods of residence spent in different Member States - as holders of an EU Blue Card, a national residence permit for highly qualified employment, an authorisation as researcher or, where appropriate, as students, as beneficiaries of international protection - and continuously residing in the country of application only for two years instead of spending five years in just one EU country.

While benefitting from a privileged status among TCNs, EU Blue Card holders still face mobility constraints when moving on a long-term basis. One significant barrier is the bureaucratic requirements that must be reassessed and met in the second Member State in accordance with the different local rules. Another major hurdle is represented by the absolute prerogatives of Member States to determine volumes of admission of TCNs ex Article 79(5) TFEU, and to reject applications to give precedence to national or EU workers, TCNs who are already present in the national labour market, or those who already acquired the EU long-term resident status in another country.

Single permit holders

TCNs who are not highly qualified are covered by the Single Permit Directive (European Union, 2011b[7]), recast by Directive (EU) 2024/1233 (European Union, 2024[8]), which provides a simplified application procedure and one single permit for residence and work in the EU. The Directive also prescribes equal treatment between single permit holders and EU citizens concerning working conditions, education and training, trade union rights, social security, recognition of qualifications, tax benefits, pension and access to services. The same rights are extended to their family members admitted under the terms of the Family Reunification Directive – FRD (European Union, 2003[9]). These norms do not apply to - inter alia - seasonal and posted workers, nor to Denmark and Ireland.

Unlike the LTR and Blue Card Directives, the Single Permit Directive does not envisage any particular intra-EU mobility rights. It only refers to the Schengen Borders Code (European Commission, 2016[10]), which allows TCNs holding a valid travel document to enter and move freely in other Member States for up to 90 days within 180 days. Hence, if TCN workers intend to relocate long-term, they must reapply for another permit in the receiving EU country. According to the Single Permit Directive, they are once again subject to the Member States’ unconditional prerogative concerning accepting TCNs to their labour markets. The recent revision approved on 24 April 2024 and applied from 22 May 2026 incentivises international recruitment by shortening application procedures and strengthening the rights of third-country workers by allowing a change of employer and a limited period of unemployment. Yet, it does not refer to further intra-EU mobility rights.

Researchers

Researchers migrating to the EU from third countries based on a hosting agreement with an EU research organisation enjoy the special provisions of the Students and Researchers Directive (European Union, 2016a[11]), a recast of the original Researchers Directive (European Union, 2005a[12]). These rules do not apply to Denmark and Ireland. When carrying out research and/or teaching activities, researchers are entitled to equal treatment with host-country nationals under the same conditions laid down in the Single Permit Directive, namely working conditions, education and training, trade union rights, social security, recognition of qualifications, tax benefits, pension, and access to services. According to the FRD, they enjoy a fully-fledged right to family reunification without being subject to waiting periods, requirements to show a reasonable prospect of permanent residence, or pre-entry integration conditions and measures. Also, they may stay longer (at least nine months) after their research period in the receiving state to pursue job-searching or entrepreneurship.

Intra-EU mobility provisions for researchers and their family members holding a valid residence permit issued by the first Member State encompass two scenarios. Short-term mobility to other EU countries for a maximum of 180 days in any 360 days per state is allowed based on the hosting agreement and authorisation from the first Member State. The second Member State may require a notification to the competent authorities. Long-term mobility involving more than 180 days per Member State is also allowed. Still, the second Member State may request, along with appropriate travel and self-sufficiency documentation, a new hosting agreement featuring the same conditions imposed on TCN researchers who wish to accede to the EU labour market for the first time.

Students

Despite not being strictly speaking labour migrants, students moving to the EU from third countries enjoy some of the rights and mobility prerogatives of actual workers, as well as other rights directly connected to their unique status. The EU rules concerning this category of TCNs are also laid down in the Students and Researchers Directive (European Union, 2016a[11]), recast of the original Students Directive (European Union, 2004b[13]), which does not apply to Denmark and Ireland. Under this Directive, students can be admitted to the EU upon acceptance by a higher education institution in the receiving country. In return, students who obtain the study permit are, in principle, entitled to equal treatment with nationals of the receiving state as regards working conditions, education and training, trade union rights, social security, recognition of qualifications, tax benefits, pension, and access to services. TCN students have access to the labour market for at least 15 hours per week. After their study period in the receiving state, they may stay longer (at least nine months) to look for employment or set up a business (job-search visa).

The Students and Researchers Directive contains specific intra-EU mobility provisions, which allow students to pursue part of their studies in one or several second Member States. In case a period of mobility is envisaged by a Union or multilateral programme or by agreements between higher education institutions, the authorisation issued by the first Member State and a valid travel document are sufficient to stay up to 360 days per Member State. The second Member State may only require a notification to the competent authorities.

Trainees, volunteers, and au pairs

Besides students and researchers, the Students and Researchers Directive also regulates access to the EU labour market for trainees and volunteers in the European Voluntary Service (EVS), and optionally for other volunteers and au pairs. These rules do not apply to Denmark and Ireland. Trainees who can present a training agreement and have obtained a degree within the last two years or who are currently undertaking one are admitted for a maximum period of six months (or longer if provided for by national law). Volunteers who are not participating in the EVS must provide an agreement with the host entity, while au pairs need an agreement with the host family and must be between 18 and 30 years-old (subject to exceptions). In addition, Member States are free to set self-sufficiency, accommodation, and language requirements, and for volunteers also mandatory basic courses on local language, history, political and social structures (European Union, 2016a[11]).

Especially when considered as employees, trainees, volunteers and au pairs are entitled to equal treatment with host-country nationals with respect to working conditions, education and training, trade union rights, social security, recognition of qualifications, tax benefits, pension, and access to services. Otherwise, their equal treatment rights are limited to recognition of diplomas and certificates, and access to goods and services. Since the Students and Researchers Directive does not mention any intra-EU mobility rights, TCNs belonging to these categories must apply for a new authorization every time they wish to move to another Member State (European Union, 2016a[11]).

Posted workers

TCNs holding a work and residence permit and lawfully employed by a service provider established in one Member State can be posted temporarily to another Member State following the Posting of Workers Directive (PWD) (European Union, 1996[14]).6 Crucially, unlike other types of intra-EU labour mobility, posted workers are not moving across borders in their own capacity, as they are not entitled to any direct free movement right. Their mobility occurs within their employer’s freedom to provide services (Bottero, 2021[15]). In practice, an employer (i.e. a company) established in one Member State (the sending country) sends its own employees to work temporarily in another Member State (the host country) to provide certain services. The posting activity can take three different forms: posting to perform a contract of services (including sub-contracting), intra-group posting (namely, posting to an undertaking owned by the same group in a second Member State), and hiring out through a temporary employment agency (where the agency provides workers to an employer established in a second Member State).

Posted workers are entitled to equal treatment with nationals of the host Member State in regard to a series of employment conditions. These include, among others, remuneration, accommodation, and allowances. When the effective duration of the posting exceeds 12 months (or 18 months in case of motivated notification by the posting company), more protective employment standards of the host country apply. A similar reinforced equal treatment is reserved for posted TCN temporary agency workers. At the same time, posted TCNs maintain their social security rights and affiliation in the sending Member State for a maximum of 24 months (European Union, 2004[16]).7

In combination with these equal treatment provisions, cross-border mobility and labour market access for posted TCNs have been facilitated by the Court of Justice of the European Union (CJEU). According to consolidated case law (CJEU, 1990[17]; 1994[18]; 2004[19]; 2006[20]; 2006[21]), the host Member State is not allowed to impose any administrative formalities or additional conditions8 on posted TCNs when lawfully employed by a service provider established in another Member State. Nevertheless, as recently clarified by the Court (CJEU, 2024[22]), the receiving state may, in any case, impose an obligation to obtain a residence permit according to national rules. Further documentation that may be requested is a prior posting declaration and the social security certificate Portable Document A1 (PD A1).9

Intra-corporate transferees

Intra-corporate transferees (ICTs) are TCN labour migrants whose mobility is directly linked to their employer’s decision to transfer them within the same undertaking or group of undertakings. ICTs may be seconded for occupational or training purposes from an undertaking established outside the EU to a branch within the EU or between branches belonging to the same undertaking or group of undertakings in different EU Member States. The Intra-Corporate Transferees Directive (European Union, 2014a[23]) lays down the conditions of entry and residence and the rights of TCNs who reside outside the EU territory and those who are already present in a Member State by an intra-corporate transfer as managers, specialists, or trainee employees. These rules do not apply to Denmark and Ireland. After providing the necessary documentation,10 ICTs can obtain a work permit from the host Member State for a duration ranging from one to three years for managers and specialists and one year for trainee employees.11

Intra-EU mobility provisions give ICTs the right to move towards any second Member State to work in a branch within the same undertaking or group of undertakings for a maximum of 90 days in any 180-day period per state. For such short-term mobility, only a valid intra-corporate transferee permit and travel document may be required along with a notification to the competent authorities. In case of long-term mobility involving more than 90 days per Member State, the second Member State may allow the ICT to stay based on the intra-corporate transferee permit issued by the first Member State, or to request an application for long-term mobility similar to the one submitted in the first Member State.

Seasonal workers

The Seasonal Workers Directive regulates the entry and stay in the EU territory (except for Denmark and Ireland) for this category of TCN workers (European Union, 2014[24]). It provides for particular admission conditions, such as presenting a work contract or a binding job offer specifying pay and working hours, having sickness insurance and adequate accommodation. Member States are responsible for determining the maximum duration of stay for seasonal workers, ranging from 5 to 9 months within a 12-month period. Once that period has elapsed, TCNs must depart from the receiving Member State unless they have managed to extend their work contract, change employer, or obtain a residence permit for purposes other than seasonal work (European Union, 2014[24]).

While residing in the host country, seasonal workers are entitled to the same treatment as EU nationals concerning employment conditions12, trade union rights, health and safety standards, branches of social security13, access to services, and taxation (European Union, 2014[24]). Since they do not enjoy any intra-EU mobility rights, when moving to another Member State, they are subject to the rules and procedures for visas and residence permits applicable to any other seasonal workers coming to the EU for the first time.

Frontier workers and highly-mobile workers

TCN frontier workers/cross-border commuters (who reside in a border region and commute daily or at least once a week to a neighbouring Member State where they are employed) and highly mobile workers (such as artists, workers in the live-performance sector and cultural professionals) are currently excluded from most of the EU acquis. As a result, they are normally expected to meet the same criteria for residence permits and visas as those required for TCNs seeking access to the EU labour market for the first time, even in the case of intra-EU mobility. Nonetheless, certain Member States may provide for exceptions and simplified forms of mobility. The sole domains of EU acquis that may incentivise the mobility of these labour migrants concern the recognition of professional qualifications and access to social security. This does not apply to Denmark.

The sole domains of EU acquis that may incentivise the mobility of these labour migrants concern the recognition of professional qualifications and access to social security. More specifically, Directive 2005/36/EC (European Union, 2005[25]) facilitates intra-EU mobility by imposing Member States to recognise professional qualifications obtained – even by TCNs – in other Member States14. Regulation (EC) No 1072/2009 (European Union, 2009[26]), for its part, it dictates the release of a driver attestation for TCNs that is valid throughout the EU. Concerning access to social security, Regulation (EC) No 1231/2010 (European Union, 2010[27]) extends the EU social security coordination rules to TCNs and their family members who are legally resident in the EU and moving between Member States. This does not apply to Denmark.

Holders of a long-stay visa or residence permit

Holders of a long-stay visa or residence permit from one of the 23 Member States belonging to the Schengen area or Monaco constitute a residual category of TCNs entitled of limited intra-EU mobility rights under the Schengen Borders Code. On the basis of the long-stay visa or residence permit and a valid travel document, they may travel and stay without restrictions within the Schengen area for up to 90 days within a 180-day timeframe. Stays exceeding 90 days are governed by national rules.

Family members

TCN family members of individuals residing in an EU Member State are in a privileged position (compared to other TCNs) that may facilitate their entry to the state and access to the labour market. However, the nationality of the sponsor significantly affects admission requirements and rights of family members in the host state. The following sub-sections explore the different treatment reserved to: (1) family members of EU citizens and (2) family members under the Family Reunification Directive.

Family members of EU citizens

TCNs who are family members of EU citizens and wish to enter the territory of the latter’s Member State of nationality are fully subject to national immigration law15. However, under the right to family reunification, which EU citizens are entitled to when moving to a Member State other than that of nationality, their TCN family members may indirectly enjoy certain mobility rights. The Residence Directive 2004/38/EC - RD (European Union, 2004[28]) establishes the conditions for free movement and residence concerning three scenarios: a right of residence for up to three months, a right of residence exceeding three months, and a permanent right of residence. Family members of an EU citizen may accompany or join their sponsor in another EU country for up to three months, solely with a valid passport and no further requirements besides being economically independent. When accompanying or joining an EU citizen legally residing in the host Member State, they may stay longer than three months without any residence permit. They only need to apply for a residence card. After five years of continuous residence in the host country, they qualify for a residence card for permanent residence under the terms of the RD.16

Importantly, family members of EU citizens who enjoy a right of residence in a host Member State are entitled to full access to the national labour market as well as equal treatment with the nationals of the host country. Therefore, no work permit can be requested and access to all social and tax advantages must be guaranteed. Member States may only limit access to social assistance during the first three months, and access to study and training grants prior to acquisition of the right of permanent residence.

Family members of TCNs residing in the EU

According to the Family Reunification Directive 2003/86/EC - FRD (European Union, 2003[9]), TCNs residing lawfully in the EU (except for Denmark and Ireland) who hold a one-year (at least) EU residence permit or have a reasonable prospect of obtaining the right of permanent EU residence, are entitled to family reunification with their married spouses and unmarried minor children17. The reunifying family members enjoy access to the labour market, education, and vocational training similarly to their sponsor in the host state. After five years of continuous residence, spouses, registered partners, and adult children qualify for an independent residence permit under the terms of the LTRD.

Still, Member States are given a lot of leeway to restrict family reunification. They are allowed to impose restrictive integration requirements and conditions, require adequate accommodation, sickness insurance and sufficient financial means, impose waiting periods, limit labour market access for up to twelve months, and refuse entry on grounds of public policy, public security, or health. In contrast, the revision of the LTRD proposed by the European Commission in 2022 (European Commission, 2022[29]) put forward ways of facilitating family reunification for EU long-term residents, such as removing integration conditions and time limits to labour market access. It also suggests the possibility of accumulating periods of residence in different Member States for the acquisition of an autonomous residence permit for family members.

Asylum seekers and beneficiaries of international protection

Asylum seekers and beneficiaries of international protection belong to another category of TCNs to which EU law grants certain mobility rights and labour market access. Still, as shown below, significant differences may be noticed between the legal treatment reserved to (1) asylum seekers, (2) refugees, and (3) beneficiaries of temporary protection. Due to the Danish and Irish opt-outs from the area of JHA, the relevant EU regulations do not apply to these countries. Denmark has nevertheless adopted similar national measures.

Asylum seekers

Asylum seekers are individuals searching for international protection who, once admitted to the EU under the Dublin III Regulation (European Union, 2013[30]), fall under the scope of the Reception Conditions Directive - RCD (European Union, 2013a[31]). The RCD provides for common standards of reception conditions across the EU and grants asylum seekers labour market access at the latest within nine months of submitting an asylum application. Apart from this time limit, Member States remain free to determine the exact conditions and deadlines for access and even to give precedence to EU or EEA citizens and legally resident TCNs. Once they have filed their asylum application in one country, they are not allowed to move across the EU internal borders, as according to the Dublin III Regulation, only one Member State can be responsible for handling an asylum seeker’s case. The latest proposal from the European Commission to recast the RCD (European Commission, 2016[10]) put forward initiatives to further harmonise reception conditions in the EU and reduce from nine to six months the time limit for accessing the labour market. The proposal, however, does not aim to introduce any intra-EU mobility rights.

Refugees

Once a Member State awards asylum seekers a right to international protection, they acquire the status of refugee or subsidiary protection.18 The criteria to qualify for such a special status are laid down in the Qualification Directive (European Union, 2011a[32]), which confers on those TCNs the rights to a residence permit, travel document, access to employment, education, social welfare (limited to core benefits), healthcare, accommodation, and integration facilities, and sets out specific provisions for children and vulnerable persons. Under the Qualification Directive, access to the labour market shall be provided as soon as the refugee status or subsidiary protection is granted. Beneficiaries of international protection are not entitled to reside in any other Member State until they obtain an EU long-term residence status. The newly adopted European Commission’s Qualification Regulation which shall enter into force in 2026 (European Commission, 2016[33]) does not change this situation.

Beneficiaries of temporary protection

The Temporary Protection Directive - TPD (European Union, 2001[34]) sets out the conditions for giving temporary protection in the event of a mass influx of displaced persons to the EU. The activation of the TPD was triggered for the first time on 4 March 2022, in response to the Russian war of aggression against Ukraine. Pursuant to Council Implementing Decision (EU) 2022/382, these categories of displaced persons from Ukraine and residing in Ukraine before or on 24 February 2022 are entitled to temporary protection in the EU: 1) Ukrainian nationals 2) TCNs other than Ukraine and stateless persons beneficiaries of international protection or equivalent national protection in Ukraine and 3) family members of abovementioned categories, TCNs other than Ukraine and stateless persons with a permanent residence permit in Ukraine who are unable to return to their country or region of origin benefit either from temporary protection or adequate protection under national law.19

Ukrainian nationals holding biometric passport are entitled to move freely within the Union for a maximum of 90 days in 180-day period following admission. In the host Member State, they have access to the labour market, education, and vocational training, although priority may be given to EU citizens, EEA nationals, and legally resident third-country nationals receiving unemployment benefits.20 They are also entitled to assistance in terms of social welfare and means of subsistence, accommodations or means to obtain housing, and medical care.21 A similar act giving temporary protection, residence permit and welfare rights to displaced persons from Ukraine has also been enforced in Denmark (Danish Parliament, 2022[35]).Once they obtain the residence permit, beneficiaries of temporary protection have the right to travel to another Member State for 90 days within a 180-day period. In addition, Ukrainians may even enjoy a de facto freedom to self-relocate to a second Member State on a longer-term basis. Such a freedom of intra-EU mobility may facilitate access to labour market as Ukrainians move to countries where they speak the language, have family, friends, or other connections that help them settle. At the same time, it may help the receiving state to address labour shortages (Neidhardt, 2023[36]).

References

[2] Bottero, M. (2022), “Integration (of Immigrants) in the European Union: A Controversial Concept”, European Journal of Migration and Law, Vol. 516.

[15] Bottero, M. (2021), Posting of Workers in EU Law: Challenges of Equality, Solidarity and Fair Competition (Kluwer Law International), https://law-store.wolterskluwer.com/s/product/posting-of-workers-in-eu-law-challenges-of-equality-solidarity-and-fair-compet/01t4R00000OUpEbQAL (accessed on 11 October 2024).

[22] CJEU (2024), Staatssecretaris van Justitie en Veiligheid (Détachement de travailleurs de pays tiers), Case C‑540/22, ECLI:EU:C:2024:530, https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX%3A62022CJ0540 (accessed on 11 October 2024).

[20] CJEU (2006), Commission of the European Communities v Federal Republic of Germany, Case C-244/04, ECLI:EU:C:2006:49.

[21] CJEU (2006), Commission of the European Communities v Republic of Austria, Case C-168/04, ECLI:EU:C:2006:595.

[19] CJEU (2004), Commission of the European Communities v Grand Duchy of Luxemburg, Case C-445/03, ECLI:EU:C:2004:655.

[18] CJEU (1994), Raymond Vander Elst v Office des Migrations Internationales, Case C-43/93, ECLI:EU:C:1994:310.

[17] CJEU (1990), Rush Portuguesa Lda v Office national d’immigration, Case C-113/89, ECLI:EU:C:1990:142.

[35] Danish Parliament (2022), Act on temporary residence permits for persons displaced from Ukraine (Lov nr. 324 af 16/03/2022 om midlertidig opholdstilladelse til personer, der er fordrevet fra Ukraine), https://www.retsinformation.dk/eli/lta/2022/324 (accessed on 14 October 2024).

[29] European Commission (2022), “Proposal for a Directive of the European Parliament and of the Council concerning the status of third-country nationals who are long-term residents (recast) [COM/2022/650 final]”, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2022%3A650%3AFIN (accessed on 17 October 2024).

[33] European Commission (2016), Proposal for a Regulation of the European Parliament and of the Council on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted and amending Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, [COM/2016/0466 final-2016/0223 (COD)].

[10] European Commission (2016), Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) [OJ L 77], https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0399 (accessed on 11 October 2024).

[3] European Migration Network (2013), Intra-EU Mobility of Third-Country Nationals 2013 - Synthesis Report, European Commission, https://www.emn.at/wp-content/uploads/2012/12/EMN-Synthesis_Report_Intra_EU_mobility_FINAL_July_2013.pdf (accessed on 17 October 2024).

[8] European Union (2024), Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 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 (recast) 2024 [OJ L series], https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ%3AL_202401233 (accessed on 11 October 2024).

[5] European Union (2021), Directive 2021/1883/EU of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC (new Blue Card Directive) [OJ L 382/1], https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32021L1883 (accessed on 11 October 2024).

[24] European Union (2014), Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers, Official Journal of the European Union, Brussels, https://eur-lex.europa.eu/legal-content/en/TXT/?uri=celex%3A32014L0036 (accessed on 17 October 2024).

[30] European Union (2013), Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (Dublin III Regulation) [OJ L 180], Document 32013R0604, https://eur-lex.europa.eu/eli/reg/2013/604/oj (accessed on 8 October 2024).

[27] European Union (2010), “Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality”, Official Journal of the European Union, https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32010R1231 (accessed on 17 October 2024).

[6] European Union (2009), Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (Blue Card Directive) 2009 [OJ L 155], https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32009L0050 (accessed on 11 October 2024).

[26] European Union (2009), “Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (recast)”, Official Journal of the European Union.

[25] European Union (2005), “Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications”, Official Journal of the European Union, https://eur-lex.europa.eu/eli/dir/2005/36/oj (accessed on 17 October 2024).

[28] European Union (2004), Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (Consolidated version: 16/06/2011) [OJ L 158, 30.4.2004], https://eur-lex.europa.eu/eli/dir/2004/38/oj (accessed on 8 October 2024).

[16] European Union (2004), Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems [OJ L 166/1], https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32004R0883 (accessed on 8 October 2024).

[9] European Union (2003), Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification [OJ L 251], https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:251:0012:0018:en:PDF (accessed on 11 October 2024).

[34] European Union (2001), Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (Temporary Protection Directive) [OJ L 212].

[14] European Union (1996), Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services [OJ L 18/1], https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A31996L0071 (accessed on 11 October 2024).

[1] European Union (2003a), Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents [OJ L 16].

[13] European Union (2004b), Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service [OJ L 375], https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32004L0114 (accessed on 11 October 2024).

[12] European Union (2005a), Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research [OJ L 289], https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:289:0015:0022:EN:PDF (accessed on 11 October 2024).

[11] European Union (2016a), Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing [OJ L 132], https://eur-lex.europa.eu/eli/dir/2016/801/oj (accessed on 11 October 2024).

[32] European Union (2011a), Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) [OJ L 337], https://eur-lex.europa.eu/eli/dir/2011/95/oj (accessed on 14 October 2024).

[7] European Union (2011b), Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 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) [OJ L 343].

[31] European Union (2013a), Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast) [OJ L 180], https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32013L0033 (accessed on 14 October 2024).

[23] European Union (2014a), Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer [OJ L 157], https://eur-lex.europa.eu/eli/dir/2014/66/oj (accessed on 14 October 2024).

[36] Neidhardt, A. (2023), ‘Beyond Relocations and Secondary Movements: Enhancing Intra-EU Mobility for Refugees’ (MEDAM - Mercator Dialogue on Asylum and Migration) Policy study 2023/1, https://www.ifw-kiel.de/fileadmin/Dateiverwaltung/IfW-Publications/fis-import/36baf880-2800-428b-acd3-fe34cb0ed55b-MEDAM_Policy_Study_2023_1.pdf (accessed on 14 October 2024).

[4] Poeschel, F. (2016), “Raising the mobility of third-country nationals in the EU. Effects from naturalisation and long-term resident status”, OECD Social, Employment and Migration Working Papers, No. 187, OECD Publishing, Paris, https://doi.org/10.1787/5jlwxbvfdkr3-en.

Notes

← 1.  In 2011, the personal scope of the LTRD was extended to refugees and other beneficiaries of international protection by Directive 2011/51/EU (European Union, 2011).

← 2.  With the exception of periods of residence for study purposes or vocational training, which only count half.

← 3.  Article 16 LTRD.

← 4.  An application for residence permit has to be made within three months of entering the host Member State.

← 5.  In addition, workers must have a health insurance, must not pose a threat to public policy, public security or public health, and their salaries must be above a minimum threshold of 1.5 times the average gross annual salary in the country.

← 6.  As amended by Directive (EU) 2018/957 (European Union, 2018).

← 7.  By virtue of Regulation (EU) No 1231/2010 (European Union, 2010).

← 8.  Such as obligations to obtain individual or collective work permits, conditions of recruiting manpower on-site, control measures in advance, and requirements of at least a year of prior employment or of an employment contract of indefinite duration.

← 9.  Particular administrative requirements and control measures may be imposed on posted drivers in the road transport sector who carry out cabotage and non-bilateral international transport operations, under Directive (EU) 2020/1057 (European Union, 2020).

← 10.  Including work contract with a non-EU undertaking belonging to the same corporation as the host entity, assignment letter, proof of prior employment, professional qualifications and experience, valid travel document, and sickness insurance.

← 11.  Admission cannot be contingent on any labour market tests.

← 12.  Including minimum working age, salary, termination procedures, working hours, leave and holidays.

← 13.  Including benefits related to sickness, invalidity and old age, and excluding unemployment, family benefits, and partly tax benefits, education and vocational training.

← 14.  In contrast, an EU mechanism of recognition of qualifications obtained in the TCNs’ country of origin and already recognised in other Member States is still lacking.

← 15.  As clarified by the CJEU, TCN family members of EU citizens are exceptionally entitled of a derived right of residence in the EU citizens’ Member State of nationality when otherwise the latter would be discouraged from exercising their EU mobility rights under Articles 21(1) and 45 TFEU.

← 16.  Special rules concern the retention of the right of residence in the event of the EU citizen’s death, divorce, annulment of marriage or termination of registered partnership.

← 17.  Member States may extend the right to family reunification also to unmarried partners, dependent parents, and dependent adult unmarried children. This is the case of Sweden, where both unmarried couples involved in a stable and proven relationship and the sponsor’s parents are eligible for reunification (Gómez-Campelo and San Martín-Calvo, 2020).

← 18.  The subsidiary protection status is accorded when the requirements for refugee status are not satisfied, according to the definition in the 1951 Refugee Convention (UNHCR, 1951).

← 19.  Initially for one year until 4 March 2023, then automatically extended for one year until 4 March 2024, and additionally extended until 4 March 2025 by Council Implementing Decision (EU) 2023/2409 (European Union, 2023).

← 20.  Full equal treatment as regards state education shall be guaranteed for persons under 18.

← 21.  Persons with special needs are entitled to special assistance.