EU Proposes Revised Rules for Long-Term Residency Status for Third-Country Nationals

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Olga Shajaku

New EU Proposal for Long-Term Residency The European Union has revised the rules governing the long-term residency status for third-country nationals. Recently, during a meeting of the Council’s permanent representatives committee, member states of the EU reached a consensus on the negotiating mandate to amend the EU long-term residents directive. This directive provides the conditions under which third-country nationals can obtain EU long-term resident status.

To be eligible for EU long-term resident status, third-country nationals must lawfully and continuously reside in a member state for a minimum of five years. This EU status mirrors national long-term resident schemes. According to the Council’s stance, applicants can aggregate residence periods of up to two years in other member states to meet the required five-year residency period.

However, the Council has specified that only specific types of legal residence permits, such as EU Blue Cards or permits issued for highly qualified employment, will be accepted for applicants who have lived in another member state.

Applicants seeking long-term resident status must satisfy specific conditions, including presenting evidence of stable and regular resources sufficient to support themselves and their families, along with having sickness insurance. Member states may also impose integration conditions on third-country nationals.

Once granted, long-term resident status is permanent, but it can be revoked under certain circumstances, such as when the individual has not maintained their primary residence in the EU for a specified period.

A notable feature of EU long-term resident status is the intra-EU mobility rights it confers. Unlike national residence systems, holders of this status can relocate and reside in other EU countries, whether for work or studies. However, this right is subject to conditions, such as an assessment of national labor markets when an EU long-term resident relocates within the EU for work.

EU long-term residents are entitled to equal treatment with EU nationals regarding access to employment, self-employment, education, vocational training, and tax benefits. However, specific conditions, such as residing within the territory of the member state concerned, must be fulfilled.

The proposed amendments aim to address existing shortcomings and establish a more efficient and accessible framework for third-country nationals seeking long-term resident status in the EU.

If you have any questions regarding this information above or require assistance with your immigration matters, please contact us at MS Solicitors, Unit 4, Isolde’s Tower, Essex Quay, Dublin 8,

Tel. +353 (1) 675 1747 Fax. +353 (1) 679 9865

www.ms-solicitors.ie

Please note that the information provided does not constitute legal advice.

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