Transfer of Employees from third-countries to the EU (Directive)

The Commission proposes to entitle undertakings established in a third country to transfer their managers and specialists to their EU subsidiaries. To this end, a uniform procedure for granting residence and working permits should be established in all Member States. The permit is granted for the duration of the transfer and can be extended by up to three years. It is equally valid for transfers to subsidiaries in other Member states if limited to 12 months. Family member should be entitled to enter the EU along with the employee concerned without any integration measures being required before their entry.


The Proposal is to be welcomed in principle. It removes, for instance, certain protectionist restrictions on the free movement of employees. However, the Proposal does not go far enough, particularly, in that the transferred employees do not have free access to the entire EU labour market.