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, Ireland and 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.

Participating countries[edit]

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

Implementation by country[edit]

Finland[edit]

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have not resided outside the country for more than six months at a time and ten months in total.[4] This status can be withdrawn if the holder has continuously resided outside the EU for more than two years, or outside Finland for more than six years.[5]

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.[6]

Netherlands[edit]

In order to acquire status as a long-term EU resident in the Netherlands, one must have five consecutive years residence on non-temporary grounds.[3]

Long-term EU residents moving to the Netherlands are exempted from the requirement for a provisional residence permit (Dutch: mvv), but will still need to apply for a residence permit.[3] Holders of long-term EU resident status coming to the Netherlands for employment do not apply for the combined residence/work permit used by other third-country nationals, but rather apply for the work permit separately (Dutch: TWV) with the Employee Insurance Agency (Dutch: UWV).[7] Additionally, status holders coming for employment will only require a work permit for the first 12 months, as opposed to the ordinary five years.[8]

Sweden[edit]

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), have a permanent residence permit (Swedish: permanent uppehållstillstånd) and a means of supporting themselves. 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.[9]

Reception[edit]

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.[10]

References[edit]

  1. ^ "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. ^ a b c "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. ^ a b c "Long term third country nationals". Immigration and Naturalisation Service. 14 April 2015. Archived from the original on 19 April 2014. 
  4. ^ "Applying for an EU residence permit". Finnish Immigration Service. Archived from the original on 5 December 2015. 
  5. ^ "Withdrawal and expiry of EU residence permit". Finnish Immigration Service. Archived from the original on 5 December 2015. 
  6. ^ "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. 
  7. ^ "Working as an employee". Immigration and Naturalisation Service. 8 April 2015. Archived from the original on 21 June 2015. 
  8. ^ "Economically non-active long term resident EC". Immigration and Naturalisation Service. 
  9. ^ "Anställa någon med status som varaktigt bosatt i EU" (in Swedish). Migrationsverket. 13 November 2015. Archived from the original on 29 October 2015. 
  10. ^ "Commission 'deplores weak impact' of EU long-term residence directive". MIPEX Blog. 20 October 2011. Archived from the original on 8 December 2015.