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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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RESIDENCY PERMITS

What do we know about Swedish language tests for residence permits?

Sweden's ruling party, the Social Democrats, has proposed bringing in Swedish language tests for residence permits. When could these come into effect, and just how good will your Swedish need to be?

What do we know about Swedish language tests for residence permits?

How good will your Swedish need to be?

The government in proposing that applicants for permanent residence will need to show an ability in Swedish equivalent to level C at SFI (Swedish for Immigrants), the third and penultimate level of the SFI programme. This means they will need to have reached a fairly high ability, and be able to speak, listen, read and write Swedish in the “ordinary situations” they will meet in everyday life, while studying and at work.

Children or very old people who cannot be expected to learn what is needed will be exempted from the new rules.

How can I prove I speak Swedish?

If you went to a Swedish school and passed Grade 9 or upper secondary school, this will be deemed sufficient proof of your Swedish skills, as would the same level of education at a Norwegian or Danish school. 

For those who moved to Sweden as adults or those who did not attend Swedish school, proof that you have completed SFI level C would be sufficient. Passing the TISUS test, which is used to show you have a good enough grasp of Swedish to study at university, would also be accepted under the proposals.

If you didn’t have any of those qualifications, there would be the option of taking a specific language test for a residence permit, which currently does not exist.

Is this for all residence permits?

No, this is just for permanent residence permits, also referred to as PUT from the Swedish permanent uppehållstillstånd.

In 2019, the government appointed an inquiry into similar requirements for becoming a Swedish citizen.

The suggested details of that proposal were announced in 2021 and are still under consultation, but under those rules, applicants would need to complete SFI level D, the highest level of the SFI course.

Are there any other tests you’ll need to pass?

Yes – the government are also proposing making those applying for permanent residence pass a so-called “citizens test”, making sure they have a basic knowledge of Swedish society and culture. 

It’s not clear exactly what this test will entail, but Sweden’s migration minister, Anders Ygeman, said when announcing the proposal that those seeking residence would be tested on their “basic knowledge on the laws and principles which are the foundation of Swedish society”.

When would the test be introduced?

The government has launched an inquiry, or utredning, into what the language and knowledge requirements should be for those seeking permanent residence permits in Sweden. The inquiry has a deadline of May 22nd 2023.

After the results of this inquiry are announced, the government will sent the proposal out for consultation from the relevant authorities. A bill, taking these responses into account, will then be submitted to parliament. 

For context, the 2019 inquiry into the introduction of language tests for citizenship is still under consultation from relevant authorities, with a suggested implementation date of January 1st, 2025, meaning it will have taken six years to be implements from the time it was first proposed. 

It is likely that it will take at least a year, perhaps longer, for the new language requirement proposal for permanent residence permits to come into force.

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