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EUROPEAN UNION

Why it may get easier for non-EU citizens to move to another European Union country

Non-EU citizens living in the European Union, including Britons who moved both before and after Brexit, are eligible for a special residence status that could allow them to move to another EU country. Getting the permit is not straightforward but may get easier, explains Claudia Delpero.

Why it may get easier for non-EU citizens to move to another European Union country
The European Union flag flutters in the breeze with the landmark Television Tower (Fernsehturm) in the background, in Berlin's Mitte district on April 19, 2021. (Photo by David GANNON / AFP)

Residence rules for non-EU nationals are still largely decided by national governments.

In 2001 the European Commission made an attempt to set common conditions for all ‘third country nationals’ moving to the EU for work. But EU governments rejected the proposals.

The result was a series of EU laws addressing separately the status of highly skilled employees who are paid more than average and their families, scientific researchers and students, seasonal workers and intra-corporate transferees (employees transferred within a company). There are also common rules for non-EU family members of EU citizens.

But otherwise national rules apply. The majority of non-EU citizens who apply for residency in a European Union country are only allowed to live and work in the country they apply

But under EU law, non-EU citizens who live in the EU on a long-term basis can get the right to move for work to other EU countries if they manage to obtain EU “long-term resident” status.

This is effectively the same right that EU citizens have but is not the same as freedom of movement that comes with being an EU citizen.

The directive might not that well known to Britons, who due to Brexit have had to secure their residency rights in the country where they lived, but might be better known to nationals of other third countries.

READ ALSO: Which EU countries grant citizenship to the most people?

This EU status is possible if the person:

  • has lived ‘legally’ in an EU country for at least five years,
  • has not been away for more than 6 consecutive months and 10 months over the entire period
  • can prove to have “stable and regular economic resources to support themselves and their family,” without relying on social assistance, and health insurance.
  • Some countries may also require to prove a “level of integration”.

The residence permit obtained in this way is valid for at least five years and is automatically renewable. But the long-term residence status can be lost if the holder is away from the EU for more than one year. 

The purpose of these measures was to “facilitate the integration” of non-EU citizens who are settled in the EU ensuring equal treatment and some free movement rights. 

But is this status easy for non- EU nationals to get in reality?

Around 3.1 million third country nationals held long-term residence permits for the EU in 2017, compared to 7.1 million holding a national one.

But only few long-term non-EU residents have exercised the right to move to other EU countries,

One of the problems, the report says, is that most EU member states continue to issue “almost exclusively” national permits unless the applicant explicitly asks for the EU one.

The procedures to apply are complex and national administrations often lack the knowledge or do not communicate with each other. Some countries still require employers to prove they could not find candidates in the local market before granting a long term residence permit to a non-EU citizen, regardless of their status.

Could it get easier?

Now the European Commission plans to revise these rules and make moving and working in another EU country easier for non-EU citizens. The proposal is expected at the end of April but that doesn’t mean it will get easier in reality.

In 2021, the European Parliament voted through a resolution saying that third country nationals who are long-term residents in the EU should have the right to reside permanently in other EU countries, like EU citizens. The Parliament also called for the reduction of the residency requirement to acquire EU long-term residence from five to three years.

Now the European Commission plans to revise these rules and make moving and working in another EU country easier for non-EU citizens. The proposal is expected at the end of April but that doesn’t mean it will get easier in reality.

It will likely take months if not years to agree new rules with EU governments. And then there’s the question of putting them into practice.

What about for Brexit Brits?

British citizens who live in the EU may be asking ‘couldn’t we apply for this before Brexit and can we apply now’?

Some may well have applied before Brexit, but the reality was they still needed to secure their rights after their country left the EU under the Withdrawal Agreement. For many that has meant applying for a compulsory post-Brexit residency card.

Britons covered by the Brexit agreement have their residence rights secured only in the country where they lived before Brexit. In fact, they may be in a worse situation than non-EU citizens with a long-term residence permit, Jane Golding, former co-chair of the British in Europe coalition said.

“We have had the example of a British student who grew up in Poland. She wanted to study in the Netherlands and in principle would have had to pay international fees as a withdrawal agreement beneficiary. Her Ukrainian boyfriend, who has been in Poland for more than five years and has acquired long-term residence as a third country national, has mobility rights and the right to home fees,” she told Europe Street News.

But the European Commission has recently clarified that Britons living in the EU under the Withdrawal Agreement can apply for long-term residence too, in addition to their post-Brexit status, thus re-gaining the right to move to another EU country. Although again it shouldn’t be equated with freedom of movement and applying for the status will likely be an arduous task.

This law and its revision will also concern British citizens who will move to the EU in the future.

This article is published in cooperation with Europe Street News, a news outlet about citizens’ rights in the EU and the UK.

 

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HEALTH

More pay and longer holidays: How Austria hopes to attract 75,000 new nurses

The Federal Government unveiled a package looking to attract more than 75,000 new workers to the nursing and care professions - including people from abroad.

More pay and longer holidays: How Austria hopes to attract 75,000 new nurses

Austria has unveiled a €1 billion reform package to improve working conditions for health sector professionals.

In a press release this Thursday, Health Minister Johannes Rauch (Greens) said that the package would include higher salaries for nurses.

“There will be massive measures to make the nursing profession more attractive”, the minister said.

For 2022 and 2023, the government will offer a total of €520 million as a monthly salary bonus for the professionals, Rauch said. This should last initially for at least two years until other measures start taking effect.

Training for the career will also receive investments, according to the minister. There will be a federal training subsidy of at least €600 per month.

In addition, a nursing scholarship for those switching (or switching back) to the nursing profession of up to €1,400 will be funded by the Austrian Employment Agency AMS.

READ ALSO: Everything foreigners need to know about the Austrian healthcare system

As a measure to protect workers and keep them from turning to other professions, the government explained that all those older than 43 years old will receive an extra week of paid holidays. Additionally, all employees in inpatient long-term care will receive two hours of time credit per night shift.

​​Among the more than 20 measures that the Ministry will detail in the coming days are steps to increase help for those in need of care and of relatives that care for their families, according to the statements given in the press release.

Caring relatives will receive a family bonus of €1,500 per year if they provide most of the care at home and are themselves insured or co-insured. The employment in 24-hour care is also to be “made more attractive” – but details are still pending.

Bringing in international help

The government is also turning outside of Austria and the European Union to attract more professionals.

In the future, nurses who complete vocational training will receive “significantly more” points in the process to access the so-called Rot Weiss Rot (RWR) residence permit. They will also increase the points given for older professionals, facilitating the entry of nurses from 40 to 50 years old.

RWR applicants need to reach a certain threshold of points based on criteria including age and education to get the permit.

READ ALSO: How Austria is making it easier for non-EU workers to get residence permits

The recognition of training acquired abroad will be significantly simplified, accelerated and debureaucratised, the government promises. And nurses will be able to work as nursing assistants until the formal recognition of their foreign qualifications is completed.

Long-needed reform

“People in care work have long deserved these improvements”, Rauch said.

The government expects the package to create more than 75,000 new workers to fill the thousands of open positions in the sector by 2030.

Green Party leader Sigrid Maurer stated that the measures will be an essential step towards gender equality. “After all, it is mainly women who work in the care professions, especially taking care of relatives at home”.

READ ALSO: Austria’s former health minister becomes best-selling author

The government announcement comes as several protests are scheduled to take place throughout Austria this Thursday, which is also Tag der Pflege (Day of Care).

Health and care sector professionals are taking to the streets to demand better hours and pay and protest against staff shortage, overload, and burn-out.

“We have been calling for better conditions and better pay for years. Thousands of beds are now empty because we don’t have enough staff. In Styria, about 3,000 of a total of 13,000 beds in the nursing sector are currently closed,” Beatrix Eiletz, head of the works council of Styrian Volkshilfe told the daily Der Standard.

READ ALSO: How Covid absences are disrupting Austrian hospitals, schools and transport

It is not uncommon that nurses will quit their jobs and move to completely different professions, thereby increasing the gap, the report added.

The problem is an old one in Austria – but it has been exacerbated by the coronavirus pandemic.

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