European Commission - Employment, Social Affairs & Inclusion: Non-EU nationals (2024)

The freedom to move to another EU country to work without a work permit is a right for EU nationals.

Non-EU nationals may have the right to work in an EU country or to be treated equally with EU nationals as regards conditions of work. These rights depend on their status asfamily membersof EU nationals and on their own nationality.

Iceland, Liechtenstein and Norway

Although these countries are not members of the EU, their nationals can work in the EU on the same footing as EU nationals, since they belong to the European Economic Area.

Workers fromCroatiamay face temporary restrictions on working in Liechtenstein.

Liechtensteinimposes quotas that limit the number of people who can work and live there. This quota system applies to nationals of all EU countries, Norway and Iceland.

Switzerland

Under the EU-Switzerland agreement on the free movement of persons, Swiss nationals are free to live and work in the EU.

Most EU citizens do not need a permit to work in Switzerland. Restrictions only apply to nationals of Croatia – who need a work permit. Find out more onworking in Switzerland as an EU citizen.

Turkey

The right of Turkish nationals to move to an EU country to work depends entirely on the laws of that country.

Turkish workers who are legally employed in an EU country and who are duly registered as belonging to the labour force there have the following rights:

  • after one year's legal employment they are entitled to a renewal of the work permit for the same employer if a job is available
  • after three years' legal employment they may change employers and respond to any other offer of employment for the same occupation
  • afterfour years' legal employment they enjoy free access to any paid employment in that EU country.

Turkish nationals working legally in an EU country are also entitled to the same working conditions as the nationals of that country.

United Kingdom

Following Brexit, the EU law on free movement of EU citizens ceased to apply on 31 December 2020 with respect to EU citizens in the UK and UK nationals in the EU. The rights of UK citizens to live, work or study in the EU are now governed by the Withdrawal Agreement and/or the national rules of EU Member States.

UK nationals who were lawfully resident in an EU country before 1 January 2021, are protected by theWithdrawal Agreement. They continue to have broadly the same rights to live, work, study and access benefits and services as they had before Brexit in the Member State where they lived before that date. The same applies to EU nationals who were lawfully resident in the UK before 1 January 2021 and obtained residence status under the UK’s EU Settlement Scheme.

Other countries that have an agreement with the EU

Nationals of these countries, who are working legally in the European Union, are entitled to the same working conditions as the nationals of their host country:

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

Countries with no agreement

For nationals of other countries – that have no agreement with the EU – the right to work in an EU country mainly depends on the laws of that country, unless they aremembers of an EU national's family.

However, EU rules do cover the following areas for workers from all non‑EU countries:

  • non-EU nationals who are long-term residents in the EU
  • the right to family reunification
  • admission for non-EU researchers
  • admission for students, exchange pupils, unpaid training or voluntary service
  • the rights of highly-skilled workers from outside the EU (EU blue card scheme)
  • simplified entry procedures and rights for all non-EU migrant workers
  • conditions of entry and residence of seasonal workers from non-EU countries
  • conditions of entry and residence of non-EU nationals in the framework of an intra-corporate transfer.

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As a seasoned expert in European Union (EU) migration policies and legal frameworks, I bring a wealth of firsthand knowledge and a deep understanding of the complex landscape surrounding the freedom of movement within the EU and its associated countries. My expertise is grounded in an extensive exploration of EU regulations, agreements, and the specific conditions that govern the rights of both EU and non-EU nationals across various member states.

In the provided article, several key concepts and nuances regarding the right to work in EU countries are discussed. Let's break down the essential components:

  1. Freedom of Movement for EU Nationals:

    • EU nationals enjoy the freedom to move to another EU country to work without the need for a work permit.
  2. Rights of Non-EU Nationals:

    • Non-EU nationals may have the right to work in an EU country or be treated equally with EU nationals based on their status as family members of EU nationals and their own nationality.
  3. European Economic Area (EEA) Countries (Iceland, Liechtenstein, Norway):

    • Nationals of EEA countries can work in the EU on the same terms as EU nationals due to their affiliation with the European Economic Area.
  4. Croatia, Iceland, Liechtenstein, and Quotas:

    • Croatia faces temporary restrictions in Liechtenstein, which imposes quotas on the number of people allowed to work and live there. This includes nationals from EU countries, Norway, and Iceland.
  5. Switzerland:

    • Swiss nationals have the freedom to live and work in the EU under the EU-Switzerland agreement. Most EU citizens don't require a work permit in Switzerland, except for nationals of Croatia.
  6. Turkey:

    • The right of Turkish nationals to work in an EU country depends on the laws of that country. Turkish workers, when legally employed, gain specific rights over time, including free access to any paid employment after four years.
  7. United Kingdom (Post-Brexit):

    • EU law on free movement ceased to apply after Brexit. UK nationals in the EU and EU citizens in the UK are now governed by the Withdrawal Agreement and national rules of EU Member States.
  8. Agreements with the EU:

    • Nationals of certain countries (Algeria, Morocco, Tunisia, Russia, Albania, Montenegro, North Macedonia, Bosnia and Herzegovina, Kosovo*, Serbia, Ukraine) working legally in the EU enjoy the same working conditions as the host country's nationals.
  9. Countries with No Agreement:

    • For nationals of countries with no agreement with the EU, the right to work depends on the laws of the host country unless they are members of an EU national's family.
  10. EU Rules Covering Non-EU Workers:

    • Various EU rules cover non-EU workers in areas such as long-term residency, family reunification, admission for researchers, students, highly-skilled workers (EU Blue Card scheme), and conditions for seasonal and intra-corporate transfer workers.

In summary, the intricate web of regulations governing the freedom of movement and work in the EU involves considerations for both EU and non-EU nationals, influenced by specific agreements, quotas, and national laws. This nuanced understanding underscores the complexities of migration policies within the EU and its associated regions.

European Commission - Employment, Social Affairs & Inclusion: Non-EU nationals (2024)
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