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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.

Published: 9 September 2022 17:29 CEST
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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WORKING IN SWEDEN

Half of those blocked by Sweden’s work permit salary threshold will be graduates

A new analysis by the Confederation of Swedish Enterprise has found that 51 percent of the labour migrants likely to be blocked by a new higher salary threshold will be graduates. Karin Johansson, the organisation's Deputy Director General, told The Local how this will hurt businesses.

Published: 22 April 2024 14:21 CEST
Half of those blocked by Sweden's work permit salary threshold will be graduates

When Migration Minister Maria Malmer Stenergard received the results of a government inquiry into setting the median salary as the threshold for new work permits, she said that highly qualified foreign workers would not be affected. 

“This is an important step in our work to tighten requirements for low-qualified labour migrants and at the same time to liberalise and improve the rules for highly qualified labour migration,” she said. “Sweden should be an attractive country for highly qualified workers.” 

But according to the confederation’s new analysis, published last week, graduates will in fact make up the majority of those blocked from coming to Sweden, if the government increases the minimum salary to be eligible for a work permit to 34,200 kronor a month from the 27,400 kronor a month threshold which came into force last November. 

“The politicians’ argument does not hold up,” Johansson told The Local. “More than 50 percent of those who have this kind of salary are skilled workers with a graduate background. These are the people that that the government has said that they really want to have in Sweden. So we are a little bit surprised that they are still going to implement this higher salary threshold.” 

Of those earning between 80 percent of the median salary (27,360 kronor) and the median salary (34,200 kronor), the study found that 30 percent were working in jobs that required “extended, university-level competence”, and a further 21 percent in jobs requiring “university-level education or higher”. 

“They are technicians and engineers, and many of the others are also really skilled workers that are hard to find on the Swedish labour market at the moment,” Johansson said. 

The proposals made by inquiry were put out for consultation in February, with the Confederation of Swedish Enterprise planning to submit its response later this week. 

Johansson said that further raising the threshold risked exacerbating the serious labour shortage already suffered by Swedish companies. 

"In our recruitment survey, we have discovered that 30 percent of all planned hires never get made because companies cannot find the right people," she said. "Many companies are simply having to say 'no' to businesses. They can't expand. So, of course, it will have an impact on the Swedish economy if they now increase the salary threshold. We know that there will be fewer people coming from abroad to work in Sweden." 

Johansson said she had little faith in the exemption system proposed by the inquiry, under which the the Swedish Public Employment Service will draw up a list of proposed job descriptions or professions to be exempted, with the Migration Agency then vetting the list before sending it on to the government for a final decision. 

"The decision of who will be exempted will be in some way a political one, and in our experience, it's the companies that know best what kind of people they need," she said. "So we are not in favour of that kind of solution. But, of course, it's better than nothing." 

She said that companies were already starting to lobby politicians to ensure that the skills and professions they need to source internationally will be on the list of exemptions, a lobbying effort she predicted would get only more intense if and when the new higher salary requirement comes into force next June.  

"If you have a regulation, not every company can have an exemption. You need to say 'no' sometimes, and that will be hard for companies to accept," she predicted. "And then they will lobby against the government, so it will be messy. Certainly, it will be messy." 

Although there are as yet no statistics showing the impact of raising the minimum salary for a work permit to 80 percent of the median salary last November, Johansson said that her members were already reporting that some of their foreign employees were not having their work permits renewed. 

"What we are hearing is that many of the contracts companies have with labour from third countries have not been prolonged and the workers have left," she said. 

Rather than hiring replacements in Sweden, as the government has hoped, many companies were instead reducing the scale of their operations, she said. 

"The final solution is to say 'no' to business and many companies are doing that," she said. "If you take restaurants, for example, you might have noticed that many have shortened their opening hours, they have changed the menus so it's easier with fewer people in the kitchen. And also shops, the service sector, they have fewer staff."

To give a specific example, she said that Woolpower, a company based in Östersund that makes thermal underwear, supplying the Swedish Armed Forces, had been struggling to recruit internationally. 

"They have seamstresses from more than 20 different countries and it's more or less impossible to find a seamstress in Sweden today," she said. "It's really hard for them to manage the situation at the moment and they are a huge supplier to Swedish defence." 

She said that the new restrictions on hiring internationally were also forcing existing employees and also company owners to work harder.  

"Current employees need to work longer hours than they have done and if you're a small business, you, as an owner, will work more than you have done before," she said. 

The best solution, she said, would be to abolish the salary thresholds and return to Sweden's former work permit system, which required that international hires receive the salary and other benefits required under collective bargaining agreements with unions. 

But she said that the government's reliance on the support of the Sweden Democrats party, enshrined in the Tidö Agreement, meant this was unlikely to happen. 

"This is the result of the Tidö Agreement, and you if you take away one single piece of this agreement, I think maybe everything will fall apart. So I think it's hard. When we discuss this with the different parties, they all agree that they want to push ahead with it. But it's the Sweden Democrats who put this on the table when they made their agreement." 

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