SHARE
COPY LINK
For members

EUROPEAN UNION

How Europe plans to ease long-term residence rules for non-EU nationals

Non-EU citizens living in the European Union are eligible for a special residence status that allows them to move to another country in the bloc. Getting the permit is not simple but may get easier, explains Claudia Delpero.

EU flags at the European Commission Berlaymont building
EU flags at the European Commission Berlaymont building (Photo by Guillaume Périgois on Unsplash)

The European Commission proposed this week to simplify residence rules for non-EU nationals who live on a long-term basis in the European Union.

The intention is to ease procedures in three areas: acquiring EU long-term residence status, moving to other EU countries and improving the rights of family members. 

But the new measures will have to be approved by the European Parliament and the EU Council, which is made of national ministers. Will EU governments support them?

What is EU long-term residence?

Non-EU citizens who live in EU countries on a long-term basis are eligible for long-term residence status, nationally and at the EU level. 

This EU status can be acquired 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, and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as passing a test on the national language or culture knowledge. 

The EU long-term residence permit is valid for at least five years and is automatically renewable. But the status can be lost if the holder leaves the EU for more than one year (the EU Court of Justice recently clarified that being physically in the EU for a few days in a 12-month period is enough to maintain the status).

READ ALSO: IN NUMBERS: How many non-EU citizens live in European Union countries?

Long-term residence status grants equal treatment to EU nationals in areas such as employment and self-employment or education. In addition, EU long-term residence grants the possibility to move to other EU countries under certain conditions. 

What does the European Commission want to change?

The European Commission has proposed to make it easier to acquire EU long-term residence status and to strengthen the rights associated with it. 

Under new measures, non-EU citizens should be able to cumulate residence periods in different EU countries to reach the 5-year requirement, instead of resetting the clock at each move. 

This, however, will not apply to individuals who used a ‘residence by investment’ scheme to gain rights in the EU, as the Commission wants to “limit the attractiveness” of these routes and not all EU states offer such schemes. 

All periods of legal residence should be fully counted towards the 5 years, including those spent as students, beneficiaries of temporary protection or on temporary grounds. Stays under a short-term visa do not count.

Children who are born or adopted in the EU country having issued the EU long-term residence permit to their parents should acquire EU long-term resident status in that country automatically, without residence requirement, the Commission added.

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

EU countries should also avoid imposing a minimum income level for the resources condition but consider the applicant’s individual circumstances, the Commission suggests.

Integration tests should not be too burdensome or expensive, nor should they be requested for long-term residents’ family reunifications. 

The Commission also proposed to extend from 12 to 24 months the possibility to leave the EU without losing status, with facilitated procedures (no integration test) for the re-acquisition of status after longer absences.

A person who has already acquired EU long-term residence status in one EU country should only need three years to acquire the same status in another EU member state. But the second country could decide whether to wait the completion of the five years before granting social benefits. 

The proposal also clarifies that EU long-term residents should have the same right as EU nationals with regard to the acquisition of private housing and the export of pensions, when moving to a third country. 

Why make these changes?

Although EU long-term residence exists since 2006, few people have benefited. “The long-term residents directive is under-used by the member states and does not provide for an effective right to mobility within the EU,” the Commission says. 

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. “we would like to make the EU long-term residence permit more attractive,” said European Commissioner for Home Affairs Ylva Johansson.

The problems are the conditions to acquire the status, too difficult to meet, the barriers faced when moving in the EU, the lack of consistency in the rights of long-term residents and their family members and the lack of information about the scheme.

Most EU member states continue to issue “almost exclusively” national permits unless the applicant explicitly asks for the EU one, an evaluation of the directive has shown.

READ ALSO: Pensions in the EU: What you need to know if you’re moving country

This proposal is part of a package to “improve the EU’s overall attractiveness to foreign talent”, address skill shortages and facilitate integration in the EU labour market of people fleeing Ukraine. 

On 1 January 2021, 23.7 million non-EU nationals were residing in the EU, representing 5.3% of the total population. Between 2.25 to 3 million non-EU citizens move to the EU every year. More than 5 million people have left Ukraine for neighbouring states since the beginning of the war in February. 

Will these measures also apply to British citizens?

These measures also apply to British citizens, whether they moved to an EU country before or after Brexit. 

The European Commission has recently clarified that Britons living in the EU under the Withdrawal Agreement can apply for a long-term residence too.

As Britons covered by the Withdrawal Agreement have their residence rights secured only in the country where they lived before Brexit, the British in Europe coalition recommended those who need mobility rights to seek EU long-term residence status. 

These provisions do not apply in Denmark and Ireland, which opted out of the directive.

What happens next?

The Commission proposals will have to be discussed and agreed upon by the European Parliament and Council. This is made of national ministers, who decide by qualified majority. During the process, the proposals can be amended or even scrapped. 

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.

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

EU governments will be harder to convince. However, presenting the package, Commission Vice-President for Promoting our European Way of Life, Margaritis Schinas, said proposals are likely to be supported because “they fit in a broader framework”, which represents the “construction” of the “EU migration policy”. 

National governments are also likely to agree because large and small employers face skill shortages, “especially in areas that are key to our competitiveness, like agri-food, digital, tourism, healthcare… we need people,” Schinas said.

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

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

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.

SHOW COMMENTS