Long-term resident (European Union)

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A long-term resident in the European Union is a person who is not a citizen of an EU country but has resided legally and continuously within its territory for five years with a means of support (i.e. without recourse to the social assistance system of the host country) and fulfills some further requirements, as defined in Directive 2003/109/EC. [1] The status permits the holder some of the rights of free movement afforded to EU/EEA citizens in the participating countries; of the EU countries Denmark and Ireland (and, prior to its withdrawal, the United Kingdom) do not participate in implementing the Directive. The implementation of the directive is left to the participating countries, with some national variations in the requirements for and benefits of long-term resident status.

Contents

Participating countries

Countries participating in the implementation of the directive include: [2] [3]

Implementation by country

Czech Republic

A person holding a permanent residence permit along with a legal status of “EU long-term resident” of another EU Member State (hereinafter referred to as “a resident of another EU member state”) is entitled to file an application for a long-term residence permit if he/she intends to temporarily reside in the Czech Republic for more than 3 months.

Finland

Holders of an eligible residence permit (excluding asylum) can after five years of residence apply for status as a long-term EU resident in Finland, providing they have not resided outside the country for more than six months at a time and ten months in total. [7] This status can be withdrawn if the holder has continuously resided outside the EU for more than two years, or outside Finland for more than six years. [8]

Those holding long-term EU resident status from another EU country wishing to reside in Finland may do so from that country or in Finland. [9]

Netherlands

In order to acquire status as a long-term EU resident in the Netherlands, one must pass the civic integration exam and have five consecutive years residence on non-work permit separately (Dutch : TWV) with the Employee Insurance Agency (Dutch : UWV). [10] Additionally, status holders coming for employment will only require a work permit for the first 12 months, as opposed to the ordinary five years. [11]

Sweden

Before 2019, the law was such that, in order to acquire status as a long-term EU resident in Sweden, one must have resided in Sweden continuously for five years on residence permits (Swedish : uppehållstillstånd) and have a permanent residence permit (Swedish : permanent uppehållstillstånd). Since 2019, a person who has stayed in Sweden for five years without interruption with a residence permit or "legally resident in another way" may apply for long-term resident status. [12] This law change was made so that British citizens living in Sweden after Brexit would be able to apply for the status, [13] because otherwise they would have been ineligible given they have lived in Sweden under right of residence, not with residence permits.

The person applying must also have a means of supporting themselves.[ citation needed ] However, time on visitor's residence permit or residence permit for studies, among others, cannot be counted towards this time. [2]

Long-term EU residents moving to Sweden are required to apply for a residence permit if they stay for more than 90 days. They are however permitted to begin work or studies upon arrival, without waiting for a decision in such case. [2] A work permit (Swedish : arbetstillstånd) is not required for a long-term EU resident, however a hiring certificate must be submitted for such residents applying on the grounds of employment. [14]

Reception

Following the deadline for the introduction of a specific immigration status as a long-term resident of the European Union in 2006, the Directive was found to affect a relatively small percentage of the third-country nationals in most participating countries. Additionally, of these, few used their mobility rights within the EU. [15]

Main reasons cited [16] for lack of adoption are the following:

Main reasons cited [16] [17] [18] for lack of intra-EU mobility for third-country nationals with LTR are the following:

Other reasons:

Additional information

According to the chapter IV, Article 24 of the Directive, [1] periodically the Commission reports to the European Parliament and to the Council on the application of this Directive in the Member States and proposes amendments as may be necessary. Reports [16] provide information on specifics of application of the Directive in national legislation systems, as well as statistics of adoption of this type of residence permit.

There were 2,861,306 long-term residents by the end of 2018, [21] with 69.8% of them with permit issued by Italy.

Brexit and UK nationals with long-term EU residence

Long-term EU residence is what is recommended by Commission to be granted to UK nationals after Brexit, who lived in EU countries for more than 5 years. The rights obtained by UK nationals after converting to third-country nationals with LTR status would be significantly reduced in comparison to the set of rights exercised by them previously while being EU citizens. [22]

See also

Related Research Articles

Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident. In the United States, such a person is referred to as a green card holder but more formally as a Lawful Permanent Resident (LPR).

<span class="mw-page-title-main">European Union citizenship</span> Legal right conferred to citizens of EU member states

European Union citizenship is afforded to all nationals of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under EU law.

The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction, and is immune from removal and deportation.

<span class="mw-page-title-main">Finnish nationality law</span> History and regulations of Finnish citizenship

Finish nationality law details the conditions by which an individual is a national of Finland. The primary law governing these requirements is the Nationality Act, which came into force on 1 June 2003. Finland is a member state of the European Union (EU) and all Finnish nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries and may vote in elections to the European Parliament.

A European Economic Area Family Permit was an immigration document that assisted the holder to enter the United Kingdom as a family member of a citizen of a contracting state to the European Economic Area agreement or a Swiss citizen. They were issued by the UK immigration authorities under the Immigration Regulations 2006 (UK).

<span class="mw-page-title-main">Visa policy of the Schengen Area</span> Policy on permits required to enter the Schengen Area

The visa policy of the Schengen Area is a component within the wider area of freedom, security and justice policy of the European Union. It applies to the Schengen Area and to other EU member states except Ireland. The visa policy allows nationals of certain countries to enter the Schengen Area via air, land or sea without a visa for up to 90 days within any 180-day period. Nationals of certain other countries are required to have a visa to enter and, in some cases, transit through the Schengen area.

<span class="mw-page-title-main">Residence card of a family member of a Union citizen</span>

European Economic Area (EEA) citizens have the right of free movement and residence throughout the EEA. This right also extends to certain family members, even if they are not EEA citizens. A Residence card of a family member of a Union citizen is issued to the family member to confirm this right of residence. The holder of a valid Residence Card is entitled to use this document in lieu of an entry visa for entry to all EEA member states. There is not a unified format for this card throughout the EU.

<span class="mw-page-title-main">Citizens' Rights Directive</span> EU directive defining right of free movement

The Citizens' Rights Directive 2004/38/EC sets out the conditions for the exercise of the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate multilateral sectoral agreement on free movement with the EU and its member states.

<span class="mw-page-title-main">Blue Card (European Union)</span> Type of work permit for the European Union

The blue card is an approved EU-wide work permit allowing highly skilled non-EU citizens to work and live in 25 of the 27 countries within the European Union excluding Denmark and Ireland, which are not subject to the proposal. However, according to new rules, if it is a business trip, it does allow entry to a Schengen area member country if the country issuing the Blue Card is not a member of the Schengen area. The term Blue Card was coined by the think tank Bruegel, inspired by the United States' green card and making reference to the European flag which is blue with twelve golden stars.

Stamp 4 refers to the stamp number, or immigration status, given to an individual with permission to reside in Ireland. It is issued to people on work visas/work authorisations, to the spouse of an Irish citizen, to the spouse of an EU citizen, to refugees, to people with Irish Born Child residency and those with long-term residency status. Once a person has been granted Stamp 4 status by the Irish Department of Justice, he or she is to report to their local Garda National Immigration Bureau in order to receive the physical card, or "Certificate of Registration". The card shows the holder's Stamp 4 status, as well as their photograph and other personal details.

<span class="mw-page-title-main">Schengen Area</span> Area of 29 European states without mutual border controls

The Schengen Area is an area encompassing 29 European countries that have officially abolished border controls at their mutual borders. Being an element within the wider area of freedom, security and justice policy of the European Union (EU), it mostly functions as a single jurisdiction under a common visa policy for international travel purposes. The area is named after the 1985 Schengen Agreement and the 1990 Schengen Convention, both signed in Schengen, Luxembourg.

<span class="mw-page-title-main">Immigration (European Economic Area) Regulations 2006</span> United Kingdom legislation

The Immigration Regulations 2006, amended by SI 2009/1117, SI 2011/1247 and SI 2015/694 and which have now been mostly repealed and superseded by the Immigration Regulations 2016, was a piece of British legislation which implemented the right of free movement of European Economic Area (EEA) nationals and their family members in the United Kingdom. It is based on Directive 2004/38/EC. It allows EEA citizens and their family members to live and work in the UK without explicit permission. Although Swiss citizens are covered by a separate bilateral agreement; they are treated basically the same as EEA nationals. Family members may need a special entry clearance to enter the UK.

A residence permit is a document or card required in some regions, allowing a foreign national to reside in a country for a fixed or indefinite length of time. These may be permits for temporary residency, or permanent residency. The exact rules vary between regions. In some cases a temporary residence permit is required to extend a stay past some threshold, and can be an intermediate step to applying for permanent residency.

Metock v Minister for Justice, Equality and Law Reform (2008) C-127/08 is a European Union law case, significant in Ireland and Denmark, on the Citizens Rights Directive and family unification rules for migrant citizens. Citizenship of the European Union was established by Article 20 of the Treaty on the functioning of the European Union (TFEU) and the Citizenship Directive 2004/38 elaborates the right of Union citizens and their family members to move and reside freely in the territory of a member state, consolidating previous Directives dealing with the right to move and reside within the European Community (EC).

<span class="mw-page-title-main">Visa policy of Ireland</span> Policy on permits required to enter Ireland

The visa policy of Ireland is set by the Government of Ireland and determines visa requirements for foreign citizens. If someone other than a European Union, European Economic Area, Common Travel Area or Swiss citizen seeks entry to Ireland, they must be a national of a visa-exempt country or have a valid Irish visa issued by one of the Irish diplomatic missions around the world.

In Italy the temporary residence permit is controlled by the Polizia di Stato, who are under the tutelage of the Ministry of the Interior. It must be requested by the immigrant to be allowed to reside in the country for more than eight days, or more than ninety days if having a travel visa for tourism. It is not required for European Union citizens. Permessi are governed by the legislative decree 25 July 1998 n. 286 and the related implementation regulation pursuant to Presidential Decree no. 179 of 14 September 2011.

<span class="mw-page-title-main">Immigration (European Economic Area) Regulations 2016</span> United Kingdom legislation

The Immigration Regulations 2016, or EEA Regulations 2016 for short, constituted the law that implemented the right of free movement of European Economic Area (EEA) nationals and their family members in the United Kingdom. The regulations were repealed by the Immigration and Social Security Co-ordination Act 2020 on 31 December 2020, at the end of the transition period.

The European Union Settlement Scheme is an immigration regime of the United Kingdom introduced by the Home Office in 2019, under the new Appendix EU of the UK's Immigration Rules, in response to the Brexit situation. EUSS processes the registration of nationals of EU and EFTA countries who were resident in the United Kingdom prior to the end of the Brexit transition/implementation period at 11pm GMT on 31 December 2020. Successful applicants receive either 'pre-settled status' or 'settled status', generally depending on the length of time they have been resident in the United Kingdom.

In EU law, reverse discrimination occurs when the national law of a member state of the European Union provides for less favourable treatment of its citizens or domestic products than other EU citizens/goods under EU law. Since the creation of the Single Market, the right of EU citizens to move freely within the EU with their families. The right to free movement was codified in EU Directive 2004/38/EC which applies across the whole EEA. However, reverse discrimination is permitted in EU law because of the legal principle of subsidiarity, i.e. EU law is not applicable in situations purely internal to one member state. This rule of purely internal situation does not apply if the EU citizens can provide a cross-border link, e.g. by travel or by holding dual EU citizenship. EU citizens and their families have an automatic right of entry and residence in all EU countries except their own, with exceptions created by a cross-EU state border link. For example, an Irish citizen living in Germany with his family before returning to Ireland can apply for EU family rights. This is referred to as the Surinder Singh route. The cross-border dimension has been the focus of many court cases in recent years, from McCarthy to Zambrano.

References

  1. 1 2 "Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents". Council of the European Union. 25 November 2003.
  2. 1 2 3 "Uppehållstillstånd i Sverige för någon med status som varaktigt bosatt i ett annat EU-land" (in Swedish). Migrationsverket. 30 September 2015. Archived from the original on 8 December 2015.
  3. ↑ "Long term third country nationals". Immigration and Naturalisation Service. 14 April 2015. Archived from the original on 19 April 2014.
  4. ↑ Naturalisatiedienst, Immigratie-en. "Residence permit for long-term EU residents in other EU countries". ind.nl (in Dutch). Retrieved 2023-02-09.
  5. ↑ "Permesso di soggiorno UE per soggiornanti di lungo periodo. (Carta di soggiorno per cittadini stranieri)". Polizia di Stato (in Italian). Retrieved 2023-02-09.
  6. ↑ "Altre info". integrazionemigranti.gov.it. Retrieved 2023-02-09.
  7. ↑ "Applying for an EU residence permit". Finnish Immigration Service. Archived from the original on 5 December 2015.
  8. ↑ "Withdrawal and expiry of EU residence permit". Finnish Immigration Service. Archived from the original on 5 December 2015.
  9. ↑ "Applying for a residence permit in Finland on the basis of an EU residence permit". Finnish Immigration Service. Archived from the original on 10 September 2015.
  10. ↑ "Working as an employee". Immigration and Naturalisation Service. 8 April 2015. Archived from the original on 21 June 2015.
  11. ↑ "Economically non-active long term resident EC". Immigration and Naturalisation Service. Archived from the original on 2019-05-26. Retrieved 2016-12-01.
  12. ↑ "Lag om ändring i utlänningslagen (2005:716)". Svensk författningssamling (in Swedish). 2019-06-18. SFS 2019:462. Retrieved 2020-02-01.
  13. ↑ "Åtgärder som underlättar för brittiska medborgare i Sverige vid ett avtalslöst brexit". Regeringskansliet (in Swedish). 2019-01-15. Retrieved 2020-02-01.
  14. ↑ "Anställa någon med status som varaktigt bosatt i EU" (in Swedish). Migrationsverket. 13 November 2015. Archived from the original on 29 October 2015.
  15. ↑ "Commission 'deplores weak impact' of EU long-term residence directive". MIPEX Blog. 20 October 2011. Archived from the original on 8 December 2015.
  16. 1 2 3 "Report on the implementation of Directive 2003/109/EC on the status of long-term foreign residents". The European Commission. 29 May 2019.
  17. ↑ "Intra-EU Mobility of third-country nationals, European Migration Network Study 2013" (PDF). European Migration Network (EMN).
  18. ↑ "Ad-Hoc Query on long-term residents' access to the labour market" (PDF). The European Commission. 27 April 2015.
  19. ↑ "Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents". Council of the European Union. 20 May 2011. Retrieved 28 July 2023. Chapter III, Article 19 (3) If the conditions ... are met, then ... the second Member State shall issue the long-term resident with a renewable residence permit. ... (3) The second Member State shall issue members of the long-term resident's family with renewable residence permits... .
  20. ↑ "Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents". Council of the European Union. 20 May 2011. Retrieved 28 July 2023. Chapter III, Article 23 (1) ... the second Member State shall grant long-term residents the status provided for by Article 7 (LTR status), subject to the provisions of Articles 3, 4 (this one specifically requires five years of residence, this time in the second Member State), 5 and 6... .
  21. ↑ "Long-term residents by citizenship on 31 December of each year, EU directive". Eurostat.
  22. ↑ "The progress of the UK's negotiations on EU withdrawal: further written evidence submitted by British in Europe on 1 July 2019" (PDF). British in Europe coalition. 2019-07-01. Retrieved 2020-10-02.
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