Long-term resident (European Union)
Long-term resident status in the European Union is defined in Council Directive 2003/109/EC and permits the holder some of the rights of free movement afforded to EU/EES citizens in the affected member states.[1]
The directive defines a long-term resident as a third-country national who has, among other requirements, resided legally and continuously within its territory for five years with a means of support (without recourse to the social assistance system of the member state).[1] Implementation is left to member states, with some national variations in the requirements for and benefits of long-term resident status.
Participating member states
Countries affected by the directive include:[2][3]
- Austria (German: Daueraufenthalt – EG)
- Belgium (French: Résident de longue durée – CE, Dutch: EG – langdurig ingezetene)
- Bulgaria (Bulgarian: дългосрочно пребиваващ в ЕC)
- Croatia (Croatian: Osoba s dugotrajnim boravištem – EZ)
- Cyprus (Long term resident – EC)
- Czech Republic (Czech: Povolení k pobytu pro dlouhodobě pobývajícího rezidenta – ES)
- Estonia (Estonian: Pikaajaline elanik – EÜ)
- Finland (Finnish: P EY 2003/109 EY, Swedish: P EG 2003/109 EG)
- France (French: Carte de résident de longue durée – Communauté Européenne)
- Germany (German: Daueraufenthalt – EU)
- Greece (Greek: επί μακρόν διαμένων – ΕΚ)
- Hungary (Hungarian: Huzamos tartózkodási engedéllyel rendelkező – EK)
- Italy (Italian: Soggiornante di lungo periodo – CE)
- Latvia (Latvian: Pastāvīgī dzīvojosa persona – ES)
- Lithuania (Lithuanian: Ilgalaikis gyventojas – EB)
- Luxembourg (French: Resident de longue duree – UE)
- Malta (Maltese: Residenti għat-tul – KE)
- Netherlands (Dutch: EG – langdurig ingezetene)
- Poland (Polish: Pobyt rezydenta długoterminowego UE)
- Portugal (Portuguese: Residente CE de longa duração)
- Romania (Romanian: Rezident pe termen lung – CE)
- Slovakia (Slovak: Osoba s dlhodobým pobytom – ES)
- Slovenia (Slovene: Rezident za daljši čas – ES)
- Spain (Spanish: Residente de larga duración – UE)
- Sweden (Swedish: Varaktigt bosatt - EG)
Implementation by country
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have not resided outside the country for more than six months at a time and ten months in total.[4] This status can be withdrawn if the holder has continuously resided outside the EU for more than two years, or outside Finland for more than six years.[5]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
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
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
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 member states. Additionally, of these, few used their mobility rights within the EU.[10]
References
- ^ a b "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.
- ^ 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.
- ^ a b c "Long term third country nationals". Immigration and Naturalisation Service. 14 April 2015. Archived from the original on 19 April 2014.
- ^ "Applying for an EU residence permit". Finnish Immigration Service. Archived from the original on 5 December 2015.
- ^ "Withdrawal and expiry of EU residence permit". Finnish Immigration Service. Archived from the original on 5 December 2015.
- ^ "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.
- ^ "Working as an employee". Immigration and Naturalisation Service. 8 April 2015. Archived from the original on 21 June 2015.
- ^ "Economically non-active long term resident EC". Immigration and Naturalisation Service.
- ^ "Anställa någon med status som varaktigt bosatt i EU" (in Swedish). Migrationsverket. 13 November 2015. Archived from the original on 29 October 2015.
- ^ "Commission 'deplores weak impact' of EU long-term residence directive". MIPEX Blog. 20 October 2011. Archived from the original on 8 December 2015.