Recognition of qualifications of third-country nationals

PURPOSE: to establish a streamlined and trusted framework for the recognition of third-country nationals' qualifications.

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: third-country nationals, whether already legally residing in a Member State or seeking to enter and reside in the Union, encounter recognition procedures for their qualifications that are often fragmented, overly complex, and lacking transparency. The Union is currently at a disadvantage in the global talent market, as skilled third-country nationals often choose other destinations. However, the Union's ability to attract and retain skilled third-country nationals is a key factor in its long-term competitiveness.

In order to enhance labour market efficiency, foster fair integration, and strengthen the Union's economic resilience and competitiveness, it is necessary to establish a clear, common and predictable framework for the recognition of the qualifications of third-country nationals, obtained in another Member State or in a third country, for the purposes of access to a regulated profession in a Member State and of obtaining a long-stay visa or a residence permit.

The proposal is part of the Skills Portability Initiative, along with the skills portability act and the amending Directive on professional qualifications, which is a key component of the Fair Labour Mobility Package (FLMP).

CONTENT: the proposal’s general objective is to facilitate the recognition of qualifications of third-country nationals in order to address labour and skills shortages in the Union. Its specific objectives aim to:

(i) streamline recognition systems within and between Member States;

(ii) reduce legal and administrative complexity for third-country national applicants, employers and authorities; and

(iii) increase trust in, and understanding of, qualifications obtained in third countries.

For the purposes of the proposed Directive, recognition of qualifications should be understood as covering both recognition for the purpose of access to a regulated profession and recognition in the context of a procedure to obtain a long-stay visa or a residence permit. It should therefore apply to third-country nationals seeking either form of recognition, independently of whether their qualifications were obtained in a Member State or a third country, and irrespective of whether they are already legally residing in the Union or are seeking to migrate to it with a demonstrated intention to do so, such as through the EU Talent Pool.

It does not apply to the recognition of qualifications for the purpose of access to further learning.

The proposal:

- establishes a general system for the recognition of evidence of training issued in third countries, including the conditions for recognition, the compensation measures that may be imposed where substantial differences exist, and the minimum training requirements applicable to certain sectoral professions;

- establishes the automatic recognition mechanism for a defined set of professions (doctors, nurses responsible for general care, dental practitioners, midwives, veterinary surgeons, pharmacists and architects) obtained in a third country, on the basis of training programmes reviewed by a 'trusted review body' against the applicable quality-assurance and minimum-training frameworks;

- lays down that for the professions covered by automatic recognition, processing times are projected to fall from 14.2 months to approximately 4 months freeing competent authority capacity for more complex cases;

- sets out rules for pursuing the profession once recognised, covering language requirements, use of academic and professional titles, and approval by health insurance funds;

- establishes the right to qualification assessment when this is part of a procedure to obtain a long-term visa or residence permit;

- limits the documents and formalities that competent authorities may require and provides for alternative methods of verification where confirmation from a third country is unfeasible within the applicable deadline.

Budgetary implications

The proposal entails budgetary implications for the Union, mainly linked to the establishment and operation of the support services for assessment of authenticity, to be procured externally, the review architecture underpinning automatic recognition and the secretariat of the group of coordinators for the recognition of qualifications of third-country nationals.

The resources needed may be provided in the Commission’s proposal for the next MFF 2028-2034, in particular the EU Facility under the National and Regional Partnership Plans.

The source of financing and scope of Union financial commitment in the post-2027 period remain subject to the outcome of interinstitutional negotiations on the MFF 2028-2034 and thereafter shall be determined through the annual budgetary procedure.