People who wish to work in a regulated profession in any Member State of the EU, but are not EU or EEA nationals (third country nationals), must apply for recognition of their professional qualifications in the country they want to work in and follow national rules and procedures.
The European Commission has adopted a Recommendation on the recognition of qualifications of third country nationals to try to optimise national processes and facilitate the recognition of qualifications of third country nationals in all EU countries.
For more information contact the competent authorities responsible for the recognition of third country nationals in each Member State.
The Professional Qualifications Directive does not apply to third country nationals. It may (in parts) apply where specific agreements are in place:
- this is the case for Switzerland under the EU-Switzerland Agreement on the free movement of persons
- the EU can also conclude mutual recognition agreements with third countries for specific professions such as the one concluded with Canada for architects
- the Commission adopted a Recommendation on the recognition of qualifications for people granted temporary protection and fleeing Russia's invasion of Ukraine
Other exceptions include those who fall under the European Union’s law of asylum and migration and are treated the same way as EU nationals (equal treatment). They thus indirectly benefit from the Directive on recognition of qualifications if:
- they are a family member of an EU national exercising their right to free movement within the EU (as referred to in Article 24 Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States)
- they have a long-term resident status (as referred to in Articles 11 and 21 Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents)
- they have obtained a single permit to work in a Member State (as referred to in Article 12 Single Permit Directive 2011/98/EU 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).
- they are holders of an EU blue card (as referred to in Article 16 Directive (EU) 2021/1883 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment). Equal treatment will only apply to activities exercised as an employee.
- they are a seasonal worker (as referred to in Article 23 Directive 2014/36/EU on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers)
- they have refugee status in a Member State (as referred to in Article 28 Directive 2011/95/EU 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 persons eligible for subsidiary protection, and for the content of the protection granted).
Recommendation on the recognition of qualifications of third-country nationals
The European Commission has adopted a Recommendation on the recognition of qualifications of third country nationals. It is addressed to EU countries and provides guidance on how to simplify and speed up the recognition of skills and qualifications of third-country nationals (those who are not nationals of EU).
The aim is to make the EU more attractive for third country nationals, alleviate the skills shortages faced by the EU and integrate third country nationals successfully into the job market. The European Commission strongly encourages the countries to follow the given guidance.
This Recommendation applies to third country nationals who are in the process of getting:
- a visa permit in an EU country
- a work and residence permit in an EU country or
- who already legally reside in the EU
irrespective of whether they are holders of qualifications issued in the European Union or in third countries.
The Commission Recommendation sets out principles for Member States to consider when recognising qualifications of third country nationals. These principles include, amongst others, ensuring a skills-first approach by emphasising a person’s full talent and avoiding situations of overqualification. Member States should also mitigate the risk of brain drain, by cooperating with third countries through knowledge-sharing and support skills-development in countries of origin.
The Recommendation includes suggestions on how to improve the organisation of recognition. Competent authorities in Member States should focus on:
- capacity building by ensuring availability of financial and human resources to respond to demands for recognition of qualifications of third country nationals
- staff development by ensuring that relevant personnel have the required skills and training to do their job in an appropriate manner
- data management by recording, analysing and publishing information on recognition applications and decisions. To that end, they are encouraged to adopt and use tools such as:
- the European Learning Model (ELM)
- the European Skills, Competences, Qualifications and Occupations (ESCO) classification system
- the European Qualifications Framework (EQF)
- knowledge development by acquiring reliable information on regulated professions in third countries and developing national databases comparing qualifications
- cooperation between Member States and with third countries enhancing working relationships and addressing barriers to recognition
- information and support by offering targeted and tailored support for third-country nationals in the appropriate forms and languages
- simplifying procedures by reducing the requests for translation of documents, promoting the use of the e-Translation tool and finding ways of verifying authenticity of documents with competent authorities in third countries. Costs should be comparable to the ones paid by Union citizens.
Guidance for Member States
EU countries are advised to facilitate the recognition of professional qualifications of third-country nationals by aligning it more closely with the procedures applicable to nationals of EU/EEA countries. Examples include the following:
- third-country nationals should be requested to provide a similar number and types of documents as required of Union citizens to support applications for recognition
- the recognition of professional qualifications should not be subject to knowledge of specific languages unless it is an integral part of the qualifications (for example speech therapists, language teachers).
- competent authorities should only apply compensation measures (for example adaption period or aptitude test) in situations where differences in training are substantial
- applicants should receive a justified recognition decision as quickly as possible and not later than 2 months from the date of submission of a complete application
EU countries are also urged to make best use of insights on skills in their national contexts to anticipate workforce shortages in regulated professions and identify priority professions with more urgent needs. For such professions, competent authorities should refer to previous recognition decisions or develop knowledge on relevant qualifications from third countries to:
- establish fast-track work streams (for example quicker procedures with shorter waiting times)
- reduce the time taken to issue a recognition decision to 4 weeks maximum
- reduce requirements for applications for recognition to the strictly necessary
- identify the differences in training and develop courses that bridge the differences
Third-country nationals should be allowed to work right after submitting their application (for example by working under supervision or in assistant-level positions) while the application is pending, where possible. Once a positive decision is taken, they should gain full access to the profession.
The Commission will support Member States by facilitating exchange of information and good practices through the relevant working groups. It will also support Member States to include information in the Regulated Professions Database on the competent authorities in Member States responsible for recognising qualifications held by third country nationals.
