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EUROPEAN UNION

Non-EU family members of EU citizens can obtain long-term residence, court rules

The Court of Justice of the European Union has ruled that non-EU citizens who have residence rights in an EU country as family members of an EU national can acquire EU long-term residence.

Non-EU family members of EU citizens can obtain long-term residence, court rules
Non-EU family members of EU citizens can obtain EU long-term residence (Photo by Kenzo TRIBOUILLARD / AFP)

EU long-term residence is a legal status that non-EU citizens can obtain if they have lived continuously in an EU country for at least five years, have not been away for more than 6 consecutive months and 10 months over the entire period (although the rules are different for Britons covered by the Withdrawal Agreement), and can prove to have “stable and regular economic resources” and health insurance. Applicants can also be required to meet “integration conditions”, such as knowing the language.

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

But the procedure to get this status is not always straight-forward.

In this case, a Ghanian national who had a residence permit in the Netherlands because of a ‘relationship of dependency’ with her son, a Dutch citizen, saw their application for EU long-term residence refused.

The Dutch authorities argued that the residence right of a family member of an EU citizen is ‘temporary in nature’ and therefore excluded from the EU directive on long-term residence.

The applicant, however, appealed the decision and the District Court of The Hague referred the case to the EU Court of Justice for an interpretation of the rules.

On Wednesday the EU Court clarified that non-EU family members of EU citizens who live in the EU can indeed acquire EU long-term residence.

The EU long-term residence directive excludes specifically third-country nationals who reside in the EU temporarily, such as posted workers, seasonal workers or au pairs, or those with a residence permit that “has been formally limited”.

A family member of an EU citizens does not fall into this group, the Court said, as “such a relationship of dependency is not, in principle, intended to be of short duration.”

In addition, EU judges argued, the purpose of the EU long-term residence directive is to promote the integration of third country nationals who are settled in the European Union.

It is now for the Dutch court to conclude the case on the basis of the Court’s decision, which will apply also to the other EU member states.

The European Commission proposed in April to simplify the rules on EU long-term residence, especially when it comes to obtaining the status, moving to other EU countries and the rights of family members. 

These new measures are undergoing the legislative procedure have to be approved by the European Parliament and the EU Council. These rules also concern Britons living in the EU as family members of EU citizens.

Member comments

  1. So does this mean that an Article 50 card holder who is married to an EU National could acquire EU long-term residence status IN ADDITION to their Withdrawal Agreement rights in order to gain free movement in the EU and hence live and work in different EU countries?

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EUROPEAN UNION

EU court rejects Austria case against Hungary nuclear plant

The EU's second highest court on Wednesday rejected a complaint by Austria against a European Commission decision to approve the expansion of a nuclear plant in neighbouring Hungary with Russian aid.

EU court rejects Austria case against Hungary nuclear plant

Staunchly anti-nuclear Austria lodged the legal complaint in 2018 after the European Union’s executive arm allowed the expansion of the Paks nuclear plant outside the Hungarian capital Budapest with a 10-billion-euro ($12.4 billion) Russian loan.

The plant is Hungary’s only nuclear facility and supplies around 40 percent of its electricity needs.

In its decision the commission judged that the project met EU rules on state aid, but Austria disputed this.

The General Court of the EU ruled Wednesday that “member states are free to determine the composition of their own energy mix and that the Commission cannot require that state financing be allocated to alternative energy sources.”

READ ALSO: Why is Austria so anti nuclear power? 

Hungary aims to have two new reactors enter service by 2030, more than doubling the plant’s current capacity with the 12.5-billion-euro construction. The Paks plant was built with Soviet-era technology in the 1980s during Hungary’s communist period. 

The construction of two new reactors is part of a 2014 deal struck between Hungary’s right-wing Prime Minister Victor Orban and Russian President Vladimir Putin. The work is carried out by Moscow’s state-owned nuclear agency Rosatom.

The details of the deal have been classified for 30 years for “national security reasons” with critics alleging this could conceal corruption.

READ ALSO: Reader question: What are the chances of blackouts in Austria this winter?

Since the late 1970s, Austria has been fiercely anti-nuclear, starting with an unprecedented vote by its population that prevented the country’s only plant from providing a watt of power.

Last month, the Alpine EU member filed a complaint with the European Court of Justice over the bloc’s decision to label nuclear power as green.

In 2020, the top EU court threw out an appeal by Austria to find British government subsidies for the nuclear power plant at Hinkley Point in breach of the bloc’s state aid rules.

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